Effective date: 02/21/08
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
AJAX13 Inc., a Delaware corporation (“AJAX13,” “we,” “us,” “our”) provides this website and all website-related services (collectively, the “Website”) subject to your compliance with the terms and conditions set forth in these Terms of Use. These Terms of Use govern the relationship between AJAX13 and you, the Website visitor and/or member (“you,” “your”) with respect to your use of the Website. It is important that you read carefully and understand the terms and conditions of these Terms of Use. BY USING AND/OR VISITING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF AJAX13'S PRIVACY POLICY, WHICH ARE PUBLISHED AT AJAX13.COM, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the Website.
We reserve the right at any time to:
- Change the terms and conditions of these Terms of Use;
- Change the Website, including eliminating or discontinuing any content on or feature of the Website; or
- Change any fees or charges for use of the Website.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Website. Your continued use of the Website following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.
1. Materials. The information and materials provided through the Website, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials”), and all intellectual property rights therein, are the sole property of AJAX13 and its licensors and suppliers. Unless otherwise specified on the Website, you may use the Materials displayed on the Website, solely for your internal purposes. You may print a single copy of any textual Material available for downloading on the Website, and may execute a single copy of any software available for downloading on the Website (“Software”). You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms of Use. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Terms of Use and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of AJAX13 or, if so indicated in writing by AJAX13, its licensors or suppliers.
2. Website Access. AJAX13 hereby grants you permission to use the Website, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy all or any part of the Website in any medium without AJAX13's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. AJAX13 cannot and does not guarantee that technical difficulties will not occur during your use of the AJAX13’s web-based applications.
3. Copyright. The Materials and Software are owned by or licensed to AJAX13 and are subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. AJAX13 reserves all rights not expressly granted in and to the Website, the Materials or Software. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Materials or Software. If you download or print a copy of the Materials or Software for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Materials or Software in any way for any purpose.
4. Code of Conduct. While using the Website, Materials and/or Software, you agree not to:
- Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- Use the Website, Materials or Software for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit or upload any material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or Intellectual Property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about companies without the authorization to do so; or (e) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or Software;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website, Materials, Materials or Software;
- “Frame” or “mirror” any part of the Website without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or While using the Website, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.
5. Links. The Website contains links to other Internet websites which may or may not be owned or operated by AJAX13. AJAX13 has not reviewed all of the websites that are linked to the Website, and AJAX13 has no control over such websites. Unless otherwise explicitly stated, AJAX13 is not responsible for the content of such websites, any updates or changes to such websites, or the privacy or other practices of such websites, and the fact that AJAX13 offers such links does not indicate any approval or endorsement of any material contained on any linked website. AJAX13 is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
6. Ownership and Restrictions on Use. The Website is owned and operated
by AJAX13 in conjunction with others pursuant to contractual arrangements.
The Materials and Software, and the selection, compilation, collection, arrangement
and assembly thereof are protected by U.S. and international copyright, trademark
and other laws, and you acknowledge that these rights are valid and enforceable.
You may not copy, reproduce, republish, upload, post, transmit or distribute
Materials or other content or information available on or through the Website
in any way without our prior written permission. The Materials may be used
solely to the extent necessary for your authorized use of the Website, as provided
in these Terms of Use or as expressly authorized in writing by AJAX13 or, if
so indicated in writing by AJAX13, its licensors or suppliers. Modification
of the Materials or use of the Materials for any other purpose is a violation
of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Website
or the Materials.
If you download Software from the Website, such Software is licensed on a limited
basis to you by us or the owner of such Software. Title to the Software is
not transferred to you. You own the medium on which the Software is recorded,
but we retain all right, title and interest in and to the Software, and all
intellectual property rights therein. You may not re-sell, decompile, reverse
engineer, disassemble or otherwise reduce the Software to a human-perceivable
form, or transfer the Software to any third party.
The trademarks, logos, and service marks displayed on the Website, in the Materials
or Software (collectively the “Trademarks”) are the registered
and unregistered trademarks of AJAX13, AJAX13’s licensors and suppliers,
and others and are protected by the Trademark Laws of the United States and
other jurisdictions. The Trademarks owned by AJAX13, whether registered or
unregistered, may not be used in connection with any product or service that
is not AJAX13’s, in any manner that is likely to cause confusion with
customers, or in any manner that disparages AJAX13. The Materials and Software
are provided to you AS IS for your information and personal use only. Nothing
contained on the Website should be construed as granting, by implication, estoppel
or otherwise, any license or right to use, copy, reproduce, distribute, transmit,
broadcast, display, sell, license, or otherwise exploit any Trademark for any
other purposes whatsoever without the express written permission of AJAX13,
AJAX13’s licensors or suppliers, or the third party owner of any such
Trademark. Misuse of any Trademarks is prohibited, and AJAX13 will aggressively
enforce its intellectual property rights in such Trademarks, including via
civil and criminal proceedings.
7. Jurisdictional Issues. The Website is solely directed to individuals
residing in the United States. We make no representation that Materials available
on or through the Website are appropriate or available for use in other locations.
Those who choose to access the Website from other locations do so on their
own initiative and at their own risk, and are responsible for compliance with
local laws, if and to the extent local laws are applicable. The Software is
further subject to United States export controls. No Software may be downloaded
or otherwise exported or re-exported (a) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Commerce Department’s
Table of Deny Orders. By downloading or using any Software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
We reserve the right to limit the availability of the Website and/or the provision
of any service, program, or other product described thereon to any person,
geographic area or jurisdiction, at any time and in our sole discretion, and
to limit the quantities of any such service, program, film or other product
that we provide.
8. Disclaimers. THE WEBSITE, THE MATERIALS ON THE WEBSITE, ANY PRODUCT
OR SERVICE OBTAINED THROUGH THE WEBSITE AND THE SOFTWARE ARE PROVIDED
“AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AJAX13 AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow
the exclusion of implied warranties, so the above exclusions may not apply
to you. AJAX13 AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS
AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SOFTWARE WILL
BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE
AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED
THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE
AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT
OF AJAX13 OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS,
MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE SOFTWARE OR OTHERWISE,
SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED
THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Website could include inaccuracies or errors,
or information or materials that violate these Terms of Use (specifically,
the Code of Conduct above). Additionally, a possibility exists that unauthorized
alterations could be made by third parties to the Website. Although we attempt
to ensure the integrity of the Website, we make no guarantees as to the Website’s
completeness or correctness. In the event that a situation arises in which
the Website’s completeness or correctness is in question, please contact
us at information@ajax13.com with, if possible, a description of the
material to be checked and the location (URL) where such material can be
found on the Website, as well as information sufficient to enable us to contact
you. We will try to address your concerns as soon as reasonably practicable.
9. Limitation of Liability. NEITHER AJAX13 NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, THE SOFTWARE, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS, SOFTWARE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, SOFTWARE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO AJAX13 FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Indemnification. You agree to indemnify, defend and hold AJAX13, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.
11. Questions. If you have any questions, comments or complaints regarding these Terms of Use or the Website, feel free to contact us at 5960 Cornerstone Court West, Suite 100 San Diego, CA 92121 (858) 658-0811 or information@AJAX13.com.
12. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Miscellaneous. These Terms of Use are governed by and construed
in accordance with the laws of the State of California, United States of America,
without regards to its principles of conflicts of law. You agree to submit
to the exclusive jurisdiction of any State or Federal court located in the
County of San Diego, United States of America, and waive any jurisdictional,
venue or inconvenient forum objections to such courts. If any provision of
these Terms of Use is found to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions. These
Terms of Use constitute the entire agreement between us relating to the subject
matter herein and supersedes any and all prior or contemporaneous written or
oral agreements between us with respect to such subject matter. These Terms
of Use are not assignable, transferable or sublicenseable by you except with
AJAX13’s prior written consent. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained in these
Terms of Use is inserted only as a matter of convenience and in no way defines
or explains any section or provision hereof.
Please read the AJAX13 Privacy Policy.
14. Website Storage.
If you select a storage option (the “Website Storage”) which will allow you to store data, information and other such content generated by using AJAX13’s web-based applications onto AJAX13’s server(s), you agree to the following additional terms and conditions:- Unauthorized use of the Website Storage, or the resale thereof without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your rights hereunder in any format to any third party.
- You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert AJAX13 and/or its licensors and suppliers immediately. In addition, you acknowledge that AJAX13 or its licensors and suppliers may communicate with you through email. You are responsible for ensuring that AJAX13, its licensors and suppliers have your current email address so that AJAX13, its licensors and suppliers can provide you such communications.
- AJAX13, its licensors and suppliers do not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with these Terms of Use and the Privacy Policy. Please be aware that AJAX13, its licensors and suppliers do provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. AJAX13, its licensors and suppliers may access your account, including its data, to respond to service or technical problems or as stated in these Terms of Use. You, not AJAX13 or its licensors and suppliers, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, neither AJAX13 nor its licensors and suppliers shall be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
- The fees applicable for the Website Storage are available at www.ajax13.com, and or it's partners, licensors and suppliers. AJAX13, its licensors and suppliers reserve the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
- You are solely responsible for the content of all data you store or retrieve from your account and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with the Website Storage. In addition, without limitation, you agree not to use the Website Storage to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through the Website Storage; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to the Website Storage or violate the regulations, policies or procedures of such networks; (f) access or attempt access to the Website Storage, other accounts, computer systems or networks connected to the Website Storage, through password mining or any other means; or (g) harass or interfere with another user's full use and enjoyment of the Website Storage. You will not exceed your Website Storage file transfer limit in any month without AJAX13's express written consent. If these resources are not sufficient, you may need to arrange a custom file hosting plan.
- AJAX13 reserves the right to terminate without notice your password, account
or use of the Website Storage and delete any data within the Website Storage
if you fail to comply with these Terms of Use or for cause of any other nature.
You may terminate your user account upon notice to AJAX13 at any time. Upon
termination by AJAX13 or at your direction, you may request a file of your
data, which AJAX13 will make available for a fee. You must make such request
at the notification of termination to receive such file within thirty (30)
days of termination. AJAX13 shall have no obligation to maintain any data
stored in your account or to forward any data to you or any third party.
In addition to other termination provisions, if you have a free account, you are subject to termination if: (a) you do not engage in any AJAX13 activity within thirty (30) days of registration, or (b) you do not engage in any AJAX13 activity for any period of one hundred and twenty (120) consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost. - Except for the licenses granted herein, you have no right, title or interest in or to the Website Storage. You agree that AJAX13, its licensors and suppliers retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Website Storage, including, without limitation, text, images, and other multimedia data. The Website Storage and/or other AJAX13 products and services referenced herein are either trademarks or registered trademarks of AJAX13, its licensors or suppliers.
- AJAX13 is in no way liable for loss of customer data. Under no circumstances will AJAX13, its licensors or suppliers be held accountable for any loss of customer data. By becoming an AJAX13 user you, the customer, acknowledge that you forfeit the right to hold AJAX13, its licensors or suppliers accountable for any and all technical errors, including loss of user files (customer data).
- In the event that AJAX13 concludes offering data storage services, AJAX13 users will receive the option to have their stored files sent to them in CD or other format selected by AJAX13. There is no guaranteed length of service.
- Neither AJAX13 nor its licensors and suppliers are responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, neither AJAX13 nor its licensors and suppliers provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.
- You agree to indemnify and hold AJAX13, its licensors and suppliers harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of the Website Storage or breach of these Terms of Use.
- In the event that, notwithstanding the foregoing disclaimers and indemnification, AJAX13, its licensors or suppliers are found responsible to any AJAX13 user for any reason whatsoever, the responsibility of AJAX13, its licensors or suppliers shall be limited to the amounts actually paid by such user for the Website Storage, and shall not include punitive damages or consequential or resulting damages of any nature.
- IF YOU BECOME AN AJAX13 USER YOU ACKNOWLEDGE THE ABOVE MENTIONED TERMS AND ACKNOWLEDGE THAT AJAX13, ITS LICENSORS AND SUPPLIERS ARE IN NO WAY GUARANTEEING THE INTEGRITY AND/OR SECURITY OF YOUR FILES.
- AJAX13 reserves the right to amend the terms and conditions of these Terms of Use at any time and shall notify you by posting an updated Terms of Use on www.AJAX13.com and/or by sending you an email message. Continued use of the Website Storage after notice is given of such changes shall constitute your consent to such changes.