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Welcome to
TRADEATTACHE.COM™ ("Website"). As a condition of use of this
Website, all persons accessing this Website or submitting information to
be posted on or made available through this Website ("Users") agree to
adhere at all times to the following policies ("Terms of Use") of
TRADEATTACHE.COM™, Inc., a Delaware Corporation, and any or all
of its subsidiaries, affiliates or otherwise related parties
(collectively, hereinafter referred to as "TRADEATTACHE.COM™").
Restrictions on
Use
Among other things, this Website provides Users access to
worldwide product information and information about distributors,
manufacturers, exporters, importers and other businesses engaged in
international trade ("Data"). Additionally, this Website maintains and
enhances Data received from third party Data providers and subscribers and
makes the Data available through the Website's Trading Post and search
facilities for searches based on company names, products, internationally
recognized industry codes, and countries. TRADEATTACHE.COM™ assumes no responsibility for the accuracy of
any information contained on the Website or through any other medium. All
information is subject to change without notice.
All Data that may be available on the
Website at any time is solely for the use of Users and may not be reviewed
by or distributed to any other persons or entities under any
circumstances. No User of this Website shall take any action that would
constitute, or omit to take any action if such omission would result in, a
violation of any international, federal or state securities
law.
Each User who is granted access to
the password-protected areas within the TRADEATTACHE.COM™Website is responsible for maintaining the confidentiality
of his or her username, password or account. User shall notify
TRADEATTACHE.COM™immediately if User
learns of any unauthorized use of his or her username, password, or
account, or other breach of security.
TRADEATTACHE.COM™reserves the right to change these Terms of Use from time
to time, at its sole discretion, with or without prior notice to any
person. TRADEATTACHE.COM™reserves the
right to terminate the username, passwords, or accounts of Users that
TRADEATTACHE.COM™believes have violated
or acted inconsistently with these Terms of Use, or that are inactive for
an extended period of time. TRADEATTACHE.COM™reserves the right to modify, discontinue, or suspend,
either temporarily or permanently, this Website or any portion thereof
without prior notice to any person, for any reason. Upon any such
suspension or termination, TRADEATTACHE.COM™will deactivate all applicable accounts.
TRADEATTACHE.COM™shall not be liable to
any User or to any third party on account of any such suspension,
termination, or account deactivation.
In the event of any violation of
these Terms of Use by a User or by any person or entity related to or
affiliated with a User in any way, TRADEATTACHE.COM™shall have all rights and remedies available to it at law
or in equity
Copyright and Trademark
Notices
Except as expressly provided herein, no permission is
granted to copy, reproduce, duplicate, distribute, sell, resell, lend,
exploit, modify, or create derivative works from any Website information,
data, text, graphics, video, audio, software code, user interface design,
logos, or any other element of this Website, provided; however, that Users
may make limited copies of information concerning one or more searches of
Data, solely for their personal use in evaluating the information on
product and companies derived from their search.
All trademarks, service marks, logos,
and other corporate identifications (collectively, "Marks") on this
Website are Marks of TRADEATTACHE.COM™or
third parties, and are used with permission. User agrees not to use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify these
Marks in any way. The use of any of these Marks on, or as a link to, any
other Website is strictly prohibited without
TRADEATTACHE.COM™'s prior written consent.
Indemnification
User agrees to indemnify, defend (with legal
counsel of TRADEATTACHE.COM™'s choice but
at User's expense) and hold harmless TRADEATTACHE.COM™and its directors, officers, employees, members, partners,
representatives, agents, successors and assigns (collectively, the
"Indemnified Parties"), against any and all claims, demands, actions,
legal proceedings, damages, liabilities, settlements, expenses (including
attorney's fees) and other costs incurred by any of the Indemnified
Parties relating to:
(i) any use, or any inability to use, this
Website by User or any person or entity related to or affiliated with User
in any way,
(ii) any information or content submitted to or posted
on this Website by User or any person or entity related to or affiliated
with User in any way,
(iii) any breach of any of these Terms of Use
by User or any person or entity related to or affiliated with User in any
way,
(iv) any negligence or misconduct of User or any person or
entity related to or affiliated with User in any way,
(v) any
infringement or alleged infringement by User or any person or entity
related to or affiliated with User in any way of any copyright, trademark,
trade secret, patent or other intellectual property right of any
Indemnified Party or any third party.
Access to Password
Protected/Secured Areas
Access to and use of password-protected
or secure areas of the Website is restricted to authorized Users only.
Unauthorized access (or attempted access) to these areas of the Website is
unlawful and may be subject to civil or criminal penalties.
Privacy
Any information
obtained by TRADEATTACHE.COM™ concerning
Users of the TRADEATTACHE.COM™ Website is
subject to the terms of TRADEATTACHE.COM™'s Privacy and Security Policy, to which the User is
directed for further information on this topic.
Arbitration
Any
claim or demand made or initiated by a User (or a director, officer,
partner, member, employee, agent, affiliate, successor, or assign of a
User) arising out of or relating to the use of this Website or these Terms
of Use shall be settled by arbitration in Los Angeles, California, in
accordance with the rules of the American Arbitration Association and
applicable law. Any award or judgment of the arbitrator(s) shall be final
and binding on the parties, and shall be enforceable in any court of
competent jurisdiction. Any such award or judgment shall include the
reasonable legal fees and costs of the prevailing party in
arbitration.
Representations and Warranties of
Users and Grant of License
All Users submitting information to
TRADEATTACHE.COM™ ("Subscribers") hereby
represent and warrant that they have obtained all necessary rights and
authorizations to proceed with the posting of such information on this
Website. This includes, without limitation, all necessary authorizations
of the User's owner and its agents (including any photographers or the
copyright owners of any photographs.) Each User represents and warrants
that all information concerning such User's Data available through the
TRADEATTACHE.COM™ Website is accurate,
complete, and current in all material respects, and that User shall
maintain the completeness and accuracy of such information at all
times.
With respect to
Data submitted to or made available for inclusion on this Website, User
grants to TRADEATTACHE.COM™license to
use, distribute, reproduce, modify, adapt, and display such Data on the
Website for the purpose of providing and promoting the information
submitted or made available. Such license exists only for so long as User
elects to continue to include such information on the Website and will
terminate upon User's removal from Website or upon termination by
TRADEATTACHE.COM™.
User's Code of
Behavior
As a
condition of use of the TRADEATTACHE.COM™
Website, each User agrees not to use the Website for any purpose that is
unlawful or that is prohibited by these Terms of Use. User agrees not to
use this Website in any manner that could damage, disable, impair, or
overburden the Website or interfere with any other party's use or
enjoyment of this Website. User agrees not to attempt to gain unauthorized
access to the Website, or to any username, password, or account of any
third party, through hacking, mining, or any other means. User agrees not
to impersonate any person or entity, nor to provide information that User
does not have a right to provide or make available. User agrees not to
upload, post, e-mail, transmit, or otherwise make available on this
Website any content which:
(i) is or may be libelous, defamatory,
obscene, pornographic, abusive, harassing, threatening, hateful, tortuous,
vulgar, or racially, ethnically, or otherwise objectionable,
(ii)
contains or may contain viruses or other contaminating, destructive,
interruptive, or in any way limiting, features,
(iii) is or may be
in violation of the rights of others, including protections of copyright,
trademark, patent, trade secrets, or any right of privacy or publicity,
or
(iv) in any other respect is or may be in violation of any
applicable federal or state law, rule or regulation. User agrees not to
post on this Website any links to any external Internet sites without
express authorization from TradeAttache.com™.
Governing Law
The
contents of this Website, and any claims related to it, are governed by
the laws of the State of California, without reference to its conflicts of
law rules.
Entire Agreement
The
foregoing Terms of Use, as amended from time to time by
TRADEATTACHE.COM™, constitute the entire
agreement between User and TRADEATTACHE.COM™concerning the subject matter
thereof.
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