CONDITIONS OF USE FOR THIS INTERNET SITE
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING APPLIED DIGITAL, INC.’S (ADI) INTERNET SITES. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND THE RELATED PRIVILEGES.
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using one of ADI’s Internet sites, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and ADI.
1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please refer to these conditions of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of use, you should not use ADI’s Internet sites. In addition, should you consider any future amendments made to these conditions of use to be unacceptable, you can cancel your account with us at any time.
2.1. ADI operates its Internet sites from its offices in Branson West, Missouri within the United States. ADI does not make any representation to the effect that all items on its Internet sites may be used in other locations. People who access ADI’s Internet sites do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using ADI’s Internet sites, you acknowledge and agree that these conditions of use are governed by laws applicable in the State of Missouri and that any litigation ensuing from, or related to, the use of ADI’s Internet sites and services will be subject to the jurisdiction of the Courts of the State of Missouri.
3. CHANGES IN INTERNET SITES
3.1. ADI may modify, cancel or terminate any item contained in its Internet sites, at any time, including the availability of any function, database or content. ADI may also impose limits on certain items or restrict the access to certain sections of its Internet sites without prior notice and without incurring its liability.
4. PERSONAL USE
4.1. All the items contained in ADI’s Internet sites are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in ADI’s Internet sites for commercial or advertising purposes without the written consent of Applied Digital, Inc.
5. REGISTRATION AND SECURITY
5.1. When you register, you must select a password and a user name. You cannot (i) choose or use someone’s password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person’s authorization; or (iii) use a password or a user name that ADI, at its sole discretion, considers offensive.
5.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify ADI as soon as possible by e-mail (firstname.lastname@example.org) about any known or suspected use of your account or of any known or suspected breach of security.
5.3. You are responsible for any use of your accounts on ADI’s Internet sites. ADI cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
6. FEES AND PAYMENTS
6.1. ADI reserves the right to charge fees for future access to its Internet sites, or any section thereof. If ADI should charge new fees for access to any section of its Internet sites, it will notify you in advance in case you would like to close your account.
7.1. ADI’s sites contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave ADI’s sites. ADI has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and ADI cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on ADI’s Internet sites should not in any way be interpreted as an endorsement by ADI and does not incur its liability in any way. ADI cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
8. INTELLECTUAL PROPERTY
8.1. The trademarks and logos used or posted on ADI’s Internet sites are trademarks and logos registered or not by ADI or third parties. Nothing on ADI’s Internet sites may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on ADI’s Internet sites for commercial or advertising purposes or to increase the number of visitors to your site.
8.2. All the items on ADI’s Internet sites (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to ADI or third parties acting as content providers. Except for certain clearly stated exceptions, no items on ADI’s Internet sites must be interpreted as giving you any right whatsoever with regard to the intellectual property of ADI or of a third party acting as a content provider.
8.3. Subject to section 9.2 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on ADI’s Internet sites (including any software), in whole or in part.
8.4. You can download or copy only for your personal use for non-commercial purposes items from ADI’s Internet sites provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of ADI or the holder of the copyrights identified in the notice of intellectual property.
9.1. You hearby agree to indemnify, defend and hold ADI, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “ADI”) harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by ADI related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. ADI reserves the right to participate in the defense of any such Claim and to be represented by an attorney of its choice.
10. DISCLAIMER OF WARRANTIES
10.1. ADI’s Internet sites and the items they contain are offered to you on an “as is” basis and at no charge by ADI, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, ADI makes no representations about the comprehensive nature of the results of your searches conducted on its Internet sites. You hereby acknowledge and agree that your use of ADI’s Internet sites is at your own risk.
10.2. ADI makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its Internet sites by any user, content provider or other person.
11 DISCLAIMER OF LIABILITY
11.1 ADI disclaims all liability related to any error which may be found on its Internet sites. Thus, ADI and any third party providing content on ADI’s Internet sites, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of ADI’s Internet sites, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
12.1. ADI can, at its sole discretion, cancel or suspend your account to its Internet sites in whole or in part for any reason, including, without limitation, the non-compliance with these conditions of use.
13. HOW TO CONTACT US ABOUT THIS POLICY
13.1. Should you have a claim related to a copyright infringement of any of the materials contained in lodgestat.com or for any other correspondence, please call us at (417) 297-0361.