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We are committed to protecting the
privacy of the individuals who access and use our Website. As such,
we have adopted and implemented a privacy policy for the Website
(the “Privacy Policy”), which is a part of these Terms of Use. The
Privacy Policy is generally posted on the Website and you should
review it carefully in connection with these Terms of Use.
BY ACCESSING AND USING THE WEBSITE, YOU
ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY AND YOU ACKNOWLEDGE
AND AGREE THAT YOUR USE OF THE WEBSITE IS CONDITIONED ON SUCH
ACCEPTANCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY
POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF
USE OR THE PRIVACY POLICY, IMMEDIATELY STOP ACCESSING AND USING THE
WEBSITE.
We reserve the right to change the Terms
of Use at any time without notice. Therefore, you agree to
periodically review these Terms of Use. Any changes will be
effective immediately upon the posting of the revised Terms of Use.
1. USE OF THE WEBSITE
The Website and the information and materials provided on the
Website, including, without limitation, all text, documents, data,
graphics, logos, buttons, icons, images, audio and video
(collectively, the “Content”) are provided solely for informational
purposes. The Website and the Content may be changed or removed at
any time by STAND without notice. We reserve the right to suspend,
terminate or restrict your access to or use of the Website.
You acknowledge that the Website contains Content that is protected
by copyrights, trademarks, service marks, trade names, patents or
other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now and
hereinafter developed. You agree to comply with all copyright and
trademark laws and you shall not encumber any interest in, or assert
any rights to, the Content. You may not modify, distribute,
transmit, display, perform, reproduce, transfer, sell or publish any
of the Content without the prior written consent of STAND, which may
be withheld, conditioned or delayed in its sole discretion, except
that you may print out a copy of the Content solely for your
personal, non-commercial use. In doing so, you will not remove or
alter, or cause to be removed or altered, any copyright, trademark,
service mark, trade name or any other proprietary notice or legend
appearing on any of the Content. You shall not store electronically
any significant portion of the Content. Without STAND’s prior
written approval, you shall not make use of the Content on any other
website, including by linking or framing, for any purpose.
2. DISCLAIMER OF WARRANTY
THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE IS PROVIDED AS A
SERVICE TO MEMBERS OF THE PUBLIC. ALL CONTENT PROVIDED ON THIS
WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND
AGREE THAT THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. NONE OF STAND, ANY OF ITS AFFILIATES OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS
(COLLECTIVELY, THE “STAND PARTIES”) REPRESENTS, WARRANTS OR
GUARANTEES THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS,
COMPLETENESS, VERACITY, VALUE, TIMELINESS OR USEFULNESS OF ANY
CONTENT MADE AVAILABLE THROUGH THE WEBSITE. THE WEBSITE AND THE
CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NONE OF
THE STAND PARTIES MAKE ANY, AND HEREBY EXPRESSLY DISCLAIMS ANY,
REPRESENTATIONS, GUARANTEES AND WARRANTIES, EITHER EXPRESS OR
IMPLIED, WITH RESPECT TO THE WEBSITE OR THE CONTENT, INCLUDING BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STAND EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE.
STAND HAS NO OBLIGATION TO MONITOR THE CONTENT AVAILABLE ON THE
WEBSITE OR THROUGH THE LINKS TO OTHER THIRD-PARTY WEBSITES AND
EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OF STAND TO FILTER ANY SUCH
CONTENT AND LINKS TO OTHER WEBSITES. IN NO EVENT WILL STAND BE
LIABLE FOR ANY CONTENT, SERVICES, PRODUCTS OR ACTIONS TAKEN BY THIRD
PARTIES LINKED FROM THE WEBSITE.
3. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE STAND PARTIES OR ANY THIRD PARTIES THAT
PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEBSITE BE LIABLE
TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF
THE USE OF, OR INABILITY TO USE, THE WEBSITE, REGARDLESS OF:
• THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOST PROFITS
OR LOST REVENUE, EVEN IF STAND HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES);
• HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR
OMISSIONS IN THE CONTENT, BY THE USE, EXISTENCE OR RELIANCE UPON
SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF
THE WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY
THE INFORMATION OR SERVICES PROVIDED THROUGH THE WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE); OR
• THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITE.
4. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless STAND, its
licensors, service providers, content providers and contractors and
officers, directors, agents and employees of STAND from and against
any claim, demand or cause of action and the resulting loss,
liability, damages, judgments, debt, awards, costs, expenses and
attorneys’ fees in connection therewith, to the extent that such
claim, demand or cause of action is based upon a claim that: (a)
arises out of or in relation to your use of the Website and is not
caused by the gross negligence or conduct of STAND; (b) if true,
would constitute a breach of any of your obligations or other
agreements hereunder; or (c) arises out of your negligence, willful
misconduct or abandonment. You shall cooperate as fully as
reasonably requested in the defense of any claim. STAND may, at its
discretion and at its own expense, assist in the defense of any
indemnified claim through counsel selected by STAND or assume the
exclusive defense and control of any indemnified claim. In no event
will you have authority to bind STAND to any settlement of any claim
or with respect to any other matter.
5. LINKS TO THIRD-PARTY WEBSITES AND
FRAMING
We may choose various third-party websites to link to, and frame
within, the Website. By providing a link to a third-party website,
STAND is not endorsing the content of such linked third-party
website. We have no control over these linked websites, each of
which has separate terms of use and privacy policies independent of
us. STAND is not responsible for the content of any third-party
website, nor does STAND make any warranties or representations,
express or implied, regarding the content of any third-party
website, and STAND shall have no liability whatsoever in relation to
any such third-party website. If you decide to access linked
third-party websites, you do so at your own risk.
6. TERMINATION AND MODIFICATION
STAND reserves the right, in its sole discretion, to restrict,
suspend or terminate these Terms of Use and your access to all or
any part of the Website, at any time and for any reason or no reason
without prior notice or liability. STAND reserves the right to
change, suspend or discontinue all or any part of the Website or the
Content at any time without prior notice or liability.
7. COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable local, state, federal and
international laws, statutes, rules and regulations relating to your
use of the Website. Without limiting the foregoing, you are
responsible for observing all applicable laws. These Terms of Use
will be governed by and construed in accordance with the laws of the
State of Georgia without regard to its conflicts of laws provisions
and the laws of the United States.
You are prohibited from any use of the Website or the Content that
would constitute an illegal offense, give rise to liability or
otherwise violate applicable local, state, federal or international
law, statutes, rules or regulations.
8. GENERAL PROVISIONS
These Terms of Use constitute the entire agreement and understanding
between the parties with respect to your use of the Website and
supersede all existing agreements and all other oral, written or
other communication between the parties concerning your use of the
Website. In the event that any portion of these Terms of Use is
found to be invalid or unenforceable, the invalid or unenforceable
portion shall be construed in accordance with the applicable law to
reflect the original intentions of the parties, and the remainder of
the Terms of Use shall remain in full force and effect. STAND’s
failure to insist upon or enforce strict performance of any
provision of these Terms of Use will not be construed as a waiver of
any provision or right. Neither the course of conduct between you
and STAND nor trade practice will act to modify any provision of
these Terms of Use.
Any cause of action which you may have
relating to your use of the Website, the Content or these Terms of
Use must be brought in the federal or state courts located in
Georgia, and you hereby irrevocably consent to the jurisdiction of
such courts. Any such cause of action must commence within one year
from the date the claim or cause of action arises, or else be
barred.
Your failure to comply with the
requirements in these Terms of Use may give rise to civil and/or
criminal sanctions against you and/or result in the immediate
restriction of your access to all or part of the Website, without
notice.
Last updated on September 23, 2010.
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