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TERMS
OF USE
Acceptance of Terms
Welcome to the website (the "website") of Advanced Computing
& Consulting ("AdComp"). On this website, AdComp makes
available to you a wide range of information, software, products,
downloads, documents, communications, files, text, graphics, publications,
content, tools, forums, resources, and services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this website in any way, including, without
limitation, browsing the website, using any information, using any
content, using any services, downloading any materials, and/or placing
an order for products or services, you agree to and are bound by
the terms of use described in this document ("Terms of Use").
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED
IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The
Terms of Use are entered into by and between AdComp and you. If
you are using the website on behalf of your employer, you represent
that you are authorized to accept these Terms of Use on your employer's
behalf.
AdComp reserves the right, at AdComp's sole discretion, to change,
modify, update, add, or remove portions of the Terms of Use at any
time without notice to you. Please check these Terms of Use for
changes. Your continued use of this website following the posting
of changes to the Terms of Use will mean you accept those changes.
Use of Materials Limitations
All materials contained in the website are the copyrighted property
of AdComp, its subsidiaries, affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are proprietary
to AdComp, or its subsidiaries or affiliated companies and/or third-part
licensors.
Unless otherwise specified, the materials and services on this
website are for your personal and non-commercial use, and you may
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from the
website without the written permission from AdComp.
Privacy Policy
AdComp respects your desire for privacy. AdComp's Privacy Policy
is to neither collect nor disseminate any personal information from
our viewers unless voluntary by evidence of joining our membership
base. By using the website, you are consenting to the processing
of your data by AdComp and consenting to the terms of our Privacy
Policy.
Use of Software on the Website
Any software that is made available to download from the website
("Software") is the copyrighted work of AdComp and/or
its suppliers, partners or affiliates. Use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"),
or as expressly stated on the website pages accompanying the software.
An end user will be unable to download or install any Software that
is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end
users according to the License Agreement. Any use, reproduction
or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible. Absent a License Agreement that accompanies
the Software, use of the Software will be governed by the Terms
of Use.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,Advanced
Computing & Consulting HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AdComp MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. AdComp DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM
SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU SHALL RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES OR IN AdComp SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from
the website for or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2) of the Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is Advanced Computing
& Consuling, Lubbock, Texas 79423.
Use of Documents and Publications on the Website
Except as expressly prohibited on this website, you are permitted
to view, copy, print and distribute publications and documents within
this website (such as FAQs, white papers, datasheets, press releases
and so on), subject to your agreement that: a) your use of the information
is for informational, personal, and non-commercial purposes only,
b) you will not modify the documents, publications or graphics,
c) you will not copy or distribute graphics separate from their
accompanying text and you will not quote materials out of their
context, d) you will display the below copyright notice and other
proprietary notices on every copy you make, and e) you agree that
AdComp may revoke this permission at any time and you shall immediately
stop your activities related to this permission upon notice from
AdComp. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not
include permission to copy the design elements, look and feel, or
layout of this website. Those elements of the website are protected
by law, such as trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from the website may be copied
or retransmitted unless expressly permitted by AdComp.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, AdComp AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS
PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, AdComp AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AdComp AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AdComp AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME
WITHOUT NOTICE.
Disclaimers and Other Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE,
DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED
"AS-IS" WITHOUT WARRANTY OF ANY KIND AND AdComp HEREBY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, AdComp DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL AdComp AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING
THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS
AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. AdComp ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY
FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS,
PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
AdComp MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE,
WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS,
PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE
WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY
AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO AdComp PRODUCTS,
PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE
IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT AdComp INTENDS
TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.
CONSULT YOUR LOCAL AdComp BUSINESS CONTACT FOR INFORMATION REGARDING
THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER
THE CONTROL OF AdComp AND AdComp IS NOT RESPONSIBLE FOR THE CONTENTS
ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. AdComp IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. AdComp IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT AdComp ENDORSES
OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES.
Accounts and Security
If any of the services on the website requires you to open an account,
you must complete the registration process by providing us with
true, current, complete and accurate information as prompted by
the applicable registration form, and you will maintain and promptly
update such information to keep it true, current, complete and accurate.
You also will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You agree to notify
AdComp immediately of any unauthorized use of your account or any
other breach of security. AdComp will not be liable for any loss
that you may incur as a result of someone else using your password
or account, either with or without your knowledge. However, you
could be held liable for losses incurred by AdComp or another party
due to someone else using your account or password. You may not
use anyone else's account at any time, without the permission of
the account holder. You acknowledge and agree that certain services
may provide password-restricted access to customer information such
as names and certain terms of your contracts. By using this website
and registering for such services, you consent to AdComp's display
of such information via the services and accept all risks of unauthorized
access to such information. If you provide any information that
is false, inaccurate, out of date, or incomplete, or AdComp has
reasonable grounds to suspect that such information is false, inaccurate,
not current, or incomplete, AdComp may suspend or terminate your
account and refuse any and all current or future use of the services
or any portion thereof. You are responsible for all costs and charges,
including without limitation, phone charges and telecommunications
equipment, that you incur in order to use the services.
No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the
website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
AdComp server, or the network(s) connected to any AdComp server,
or interfere with any other party's use and enjoyment of the website.
You may not attempt to gain unauthorized access to services, materials,
other accounts, computer systems or networks connected to any AdComp
server or to the website, through hacking, password mining or any
other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the website.
Use of Services on the Website
The website may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication
Services or the website, you will not:
Use the Communication Services or the website in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, obscene as to minors, child pornography,
racist, lewd, lascivious, filthy, excessively violent, harassing,
indecent, unlawful, or otherwise objectionable topic, name, material
or information.
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consent to do the same.
Use any material or information, including images or photographs,
which are made available through the website in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property
of another.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including
e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the Communication
Services or other user or usage information or any portion thereof.
Use any AdComp domain name as a pseudonymous return email address
for any communications that you transmit from another location or
through another service.
Transmit unsolicited or bulk communications to any AdComp account
holder or to any AdComp.com or affiliated email address (regardless
of whether you use the website to transmit any such communication).
Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the website are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges.
AdComp has no obligation to monitor the Communication Services.
However, AdComp reserves the right to review materials posted to
the Communication Services and to remove and/or edit any materials
in its sole discretion. AdComp reserves the right to terminate your
access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
AdComp reserves the right at all times to disclose any information
as AdComp deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in AdComp's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. AdComp does not control or endorse the content, messages
or information found in any Communication Services and, therefore,
AdComp specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Services. Managers and hosts are not authorized AdComp
spokespersons, and their views do not necessarily reflect those
of AdComp.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download
the materials.
Materials Provided to AdComp or Posted to the Website
Unless otherwise specified, AdComp does not claim ownership of the
materials you provide to AdComp (including, without limitation,
information, ideas, concepts, techniques, feedback, data, questions,
comments and suggestions, or the like) or post, upload, input or
submit to the website or its associated services for review by AdComp,
the general public, and/or by the members of any public or private
community (each a "Submission" and collectively "Submissions"),
and such Submissions shall be deemed not to be confidential. However,
by posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are granting AdComp, its affiliated companies
and necessary sublicensees permission to use your Submission in
connection with the operation of their businesses (including, without
limitation, all AdComp services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate and reformat
your Submissions; to publish your name in connection with your Submission;
develop, manufacture, and market products incorporating such ideas,
concepts, or techniques, and the right to sublicense such rights
to any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission,
as provided herein. AdComp is under no obligation to post or use
any Submission you may provide and AdComp may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner of
such Images, or that the copyright owner of such Images has granted
you permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the website,
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members
of your private community (for each such Images available to members
of such private community), and/or (b) to the general public (for
each such Images available anywhere on the website, other than a
private community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any of the
services or materials on the website (including, by way of example,
and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, modify, translate
and reformat your Images without having your name attached to such
Images, and the right to sublicense such rights to any supplier
of the services and/or materials on the website. No compensation
will be paid with respect to the use of your Images.
You acknowledge that AdComp does not pre-screen Submissions, but
that AdComp and its designees have the right (but not the obligation)
in their sole discretion to block or restrict access to or the availability
of, or to disable, any Submissions that is available via the website.
Without limiting the foregoing, AdComp and its designees may disable,
restrict access to or the availability of, any Submissions that
violates the Terms of Use or is otherwise objectionable. You must
evaluate, and bear all risks associated with, the use of any Submissions,
including any reliance on the accuracy, completeness, or usefulness
of such Submissions.
You understand that all Submissions, whether publicly posted or
privately transmitted, are the sole responsibility of the person
from whom such Submissions originated. This means that you, and
not AdComp, are entirely responsible for all Submissions that you
upload, post, provide, input, submit, or otherwise transmit via
the website. AdComp does not control the Submissions posted via
the website and, as such, does not guarantee the accuracy, integrity
or quality of such Submissions. You understand that by using the
website, you may be exposed to Submissions from others that are
offensive, indecent or objectionable.
Notices and Procedures for Making Claims of Copyright Infringement
AdComp will investigate notices of copyright infringement and take
appropriate actions under the Digital Millennium Copyright Act,
Title 17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, written notification of claimed copyright
infringement must be submitted to the following Designated Agent
for this website:
Service provider(s):
Advanced Computing & Consulting
Name of agent designated to receive notification of claimed infringement:
Michael P. Dixon
Full address of designated agent to which notification should be
sent:
7918 Lynnhaven Ave
Lubbock, Texas 79423
E-mail address of designated agent:
admin@AdComp.biz
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at
that site.
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and if available, an electronic mail address at which the
complaining party may be contacted.
A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Unsolicited Idea Submission Policy
AdComp OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY
IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AdComp's
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO AdComp. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO AdComp
OR ANYONE AT AdComp. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT AdComp MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL
BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Spam E-mail and Postings
You agree that AdComp would be irreparably harmed by the use, by
you or others, of the website or facilities in connection with the
transmission of spam newsgroup postings or unsolicited e-mail in
violation of these Terms of Use, and that AdComp is entitled to
obtain injunctive relief against any such transmission (in addition
to all other remedies available at law or in equity). AdComp reserves
the right to block, filter or delete unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold AdComp, and its subsidiaries,
affiliates, officers, agents, co-branders, partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Submissons,
your use of the website, including any use by your employees, your
connection to the website, your violation of the Terms of Use, or
your violation of any rights of another.
Advertisements and Promotions
AdComp may run advertisements and promotions from third parties
on the website. The manner, mode and extent of advertising by AdComp
is subject to change. Your correspondence or business dealings with,
or participation in promotions of, advertisers other than AdComp
found on or through the website, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. AdComp is not responsible or liable for
any loss or damage of any kind incurred as the result of any such
dealings or as the result of the presence of such non-AdComp advertisers
on the website.
Copyright and Trademark Information
COPYRIGHT NOTICE: Copyright © 1995-2002Advanced Computing &
Consulting, 7918 Lynnhaven Ave. Lubbock, Texas 79423 USA. All Rights
Reserved. Use, duplication, or disclosure by the United States Government
is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii)
and FAR 52.227-19.
The names of actual companies and products mentioned herein and/or
third party trademarks, trade names and logos contained herein may
be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people
and events depicted herein are fictitious. No association with any
real company, organization, product, domain name, e-mail address,
logo, person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
General Information
The Terms of Use constitute the entire agreement between you and
AdComp and govern your use of the website, superseding any prior
agreements between you and AdComp on the subject matter (including,
but not limited to, any prior versions of the Terms of Use). Notwithstanding
the prior provision, to the extent, and only to the extent, that
any terms set forth in this Terms of Use expressly contradicts any
terms of a prior written agreement between you and AdComp in effect
as of the date of your use of the website and specifically regarding
your use of the website ("Executed Agreement"), such contradictory
terms set forth in the Executed Agreement shall govern. You also
may be subject to additional terms and conditions that may apply
when you use other AdComp services, third-party content or third-party
software. You must not assign or otherwise transfer the Terms of
Use nor any right granted hereunder.
California law and controlling U.S. federal law govern any action
related to the Terms of Use, without regard to the principles of
choice of law. The parties specifically disclaim the U.N. Convention
on Contracts for the International Sale of Goods.
AdComp controls and operates this website from its headquarters
in various locations in the United States of America and makes no
representation that this website is appropriate or available for
use in other locations. If you use this website from other locations,
you are responsible for compliance with applicable local laws including
but not limited to the export and import regulations of other countries.
You acknowledge and agree that material on this website is subject
to the U.S. Export Administration Laws and Regulations. Diversion
of such material contrary to U.S. law is prohibited. You agree that
none of the material on this website, nor any direct product therefrom,
is being or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical biological
weapons, or missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export Administration
Regulations. Countries subject to U.S. embargo are: Afghanistan,
Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia and Sudan. This
list is subject to change without further notice from AdComp, and
you must comply with the list as it exists in fact. You certify
that you are not on the U.S. Department of Commerce's Denied Persons
List or affiliated lists or on the U.S. Department of Treasury's
Specially Designated Nationals List. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
The failure of AdComp to exercise or enforce any right
or provision of the Terms of Use does not constitute a waiver of
such right or provision. If a court of competent jurisdiction finds
any provision of the Terms of Use to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect. Regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the website or the Terms of
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