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1. USE OF THE SIGMA MARKETING & VERITIV WEBSITE
Sigma Marketing hereby grants you a non-exclusive, non-transferable, limited license to access and use the Website for the fees, if applicable, and under the terms set forth below.
The Content is the property of Sigma Marketing or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Website may be registered or unregistered marks of Sigma Marketing or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Sigma Marketing or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You may not post any Content from the Website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Sigma Marketing.
You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by Sigma Marketing to protect Sigma Marketing and Veritiv's proprietary interests in the Sigma Marketing & Veritiv Website.
As part of the registration process, you must select a member name and password and provide Sigma Marketing with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
3. LIMITATION ON SIGMA MARKETING WARRANTIES AND LIABILITY
Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website. The Content and the Website are provided "as is", without any warranties. Neither Sigma Marketing nor Veritiv makes any guarantees or warranties as to the accuracy or completeness of or results to be obtained from, accessing and using the Sigma Marketing & Veritiv Website, Sigma Marketing website's own content, the other content, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Sigma Marketing & Veritiv Website. Sigma Marketing and Veritiv hereby disclaim any and all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose and of noninfringement. neither Sigma Marketing nor Veritiv shall be liable to the user or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom. In no event will Sigma Marketing, Veritiv nor any of their third party licensors be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the Sigma Marketing & Veritiv Website. Neither Sigma Marketing and Veritiv nor any of its affiliates, agents or licensors will be liable to you or anyone else for any loss or injury resulting from use of the Website, in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Website and any content at the Website or otherwise. In no event will Sigma Marketing and Veritiv, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or the Website.
4. LINKS TO OTHER WEBSITES FROM THIS WEBSITE
You may, through hypertext or other computer links, gain access to websites operated by persons other than Sigma Marketing and Veritiv. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that Sigma Marketing and Veritiv is not responsible for the content or operation of such websites, and that Sigma Marketing and Veritiv shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that Sigma Marketing and Veritiv endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from Sigma Marketing & Veritiv Website. Sigma Marketing and Veritiv assumes no responsibility for the use of third party software on the Sigma Marketing & Veritiv Website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
5. TIMELINESS OF CONTENT
The Content displayed on the Website, including, but not limited to, products, pricing, images etc. are current as of the current date posted and are subject to change without notice.
6. THE USER'S CONTENT
The User grants to Sigma Marketing and Veritiv the non-exclusive right to use all material entered into the Sigma Marketing & Veritiv Website by the User (other than third-party material transmitted through private electronic mail) in any of Sigma Marketing and Veritiv publications.
Users entering material into the Sigma Marketing & Veritiv Website are responsible for the content of that material. Neither Sigma Marketing nor Veritiv has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Sigma Marketing & Veritiv Website. However, Sigma Marketing and Veritiv retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Sigma Marketing and Veritiv deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Sigma Marketing & Veritiv Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Sigma Marketing and Veritiv.
The User agrees to indemnify Sigma Marketing and Veritiv from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Sigma Marketing, Veritiv, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Sigma Marketing & Veritiv Website with the use of the User's screen name or password.
7. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either Sigma Marketing and Veritiv or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
Sigma Marketing and Veritiv may discontinue or change the Sigma Marketing & Veritiv Website, or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to the Sigma Marketing & Veritiv Website and supersedes any and all other agreements, oral or in writing, with respect to the Sigma Marketing & Veritiv Website. The failure of Sigma Marketing and Veritiv to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and Florida State, as if the Agreement was a contract wholly entered into and wholly performed within Florida State. All rights not expressly granted herein are reserved.
8. ANTI-HACKING PROVISION
You expressly agree not to:
- use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other content without the prior express written consent of Sigma Marketing and Veritiv;
- obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
- violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
- violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any Sigma Marketing's server, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
- take or attempt any action that, in the sole discretion of Sigma Marketing, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Sigma Marketing's infrastructure.