The www.iasta.com website (the "Website") is owned by and proprietary to Iasta.com, Inc. ("Iasta").
YOUR ACCESS OR USE OF THIS WEBSITE OR ITS CONTENT, SERVICES, MATERIALS,
INFORMATION, DATABASES OR SYSTEMS ARE SUBJECT TO THESE TERMS (THE "TERMS"),
WHICH MAY BE REVISED BY IASTA FROM TIME TO TIME.
1. License.
Subject to the Terms, Iasta grants to you a non-exclusive, non-transferable
and revocable license, to view, access and use the Website and its contents
for non-commercial use. You may not transfer, sublicense or assign this
license without Iasta's prior written consent.
2. Ownership of Content.
All content on the Website is owned by Iasta and is protected under
applicable copyrights, patents, trademarks or other proprietary rights,
and the copying, redistribution, use or publication by you of any such
content is prohibited. Under no circumstances shall you acquire any
ownership rights or other interest in any content by or through your
use of the Website. "Iasta", "SmartSource", the Iasta logo and other trade names,
brand names and brand designs used on the Website are trademarks of Iasta.
Such marks are not to be copied, reproduced, published or in any way
used without the written permission of Iasta.
3. Restrictions on Use. No part of this Website may be published,
stored or transmitted in any form or means without the express written
permission of Iasta. You may download content displayed on this Website
for non-commercial, personal use only and must retain all copyright and other
proprietary notices contained in the content. You agree not to knowingly:
(a) use any device, software or technique to interfere with or attempt to
interfere with the proper working of the Website; (b) post or transmit to
the Website any unlawful, fraudulent, harassing, libelous, or obscene
information of any kind; (c) post or send to the Website any information
that contains a virus, bug, or other harmful item; (d) publish, perform,
distribute, prepare derivative works, copy, reverse engineer, or use the
content from the Website; (e) post or transmit into or on the Website any
information in violation of another party's copyright or intellectual property
rights; (f) take any action which imposes an unreasonable or disproportionately
large load on Iasta's infrastructure; (g) redeliver any of the content
using "framing", hyperlinks, or other technology without Iasta's express
written permission; or (h) use any device or technology to provide
repeated automated attempts to access password-protected portions
of the Website.
4. User Caution.
You should exercise discretion while browsing the Website and the internet.
Hyperlinks on the Website may not be under the control of Iasta, and Iasta
does not make any representations concerning any such websites which you may
access via a hyperlink from the Website. Accordingly, Iasta is not
responsible for the accuracy, copyright compliance, legality, legitimacy or
decency of any material contained in such other websites which may be
accessible via a hyperlink to or from the Website or for the hyperlink itself.
Iasta is providing these hyperlinks to you only as a convenience and
the inclusion of any hyperlink on the Website is not and should not imply
any endorsement by Iasta of such linked websites, the owners of such
websites, or the products or services described on such websites.
5. Disclaimer of Liability.
While Iasta's information contained in this Website has been prepared and
compiled from sources believed to be reliable, Iasta makes no guarantee as
to, and assumes no responsibility for, the correctness, sufficiency or
completeness of such information, material or recommendations. Iasta does
not represent or endorse the accuracy or reliability of any of the information,
content or advertisements contained on, distributed through, or linked,
downloaded or accessed from this Website, nor the quality of any products,
information or other materials or services displayed, obtained or purchased
by you as a result of your use of this Website or any Iasta service,
database, materials or system. You hereby acknowledge that any reliance upon
any information or materials shall be at your sole risk. Iasta reserves the
right, in its sole discretion and without any obligation, to correct any
error or omissions in any portion of this Website or any Iasta service,
database, materials or system at any time, with or without notice to you.
ALL INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEBSITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER
WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST
INTERFERENCE OR INFRINGEMENT. IASTA DOES NOT WARRANT THAT ANY
INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF ANY IASTA SERVICE, DATABASE, MATERIAL OR OTHER
PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED
WITH OR THROUGH OR PROVIDED BY IASTA, OR ANY PART THEREOF, WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION,
SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED.
IN NO EVENT SHALL IASTA HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY
TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED
FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL
CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT
MATTER OF THIS WEBSITE, IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL IASTA OR ANY OF THE CONTENT PROVIDERS
BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO
THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT CONTAINED THEREIN,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO CEASE ALL
OF YOUR WEBSITE USE.
6. Use by U.S. Government. Any software which is downloaded
from this Website or other Iasta system or service for or on behalf
of the United States of America, its agencies and/or
instrumentalities ("U.S. Government") is provided with restricted
rights. Use, duplication or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
7. User Responsibilities. You assume the responsibility to take adequate
precautions against damages to your systems or operations which could be caused by
defects or deficiencies in the Website, any content therein, any service, system,
database or material, or parts thereof. You acknowledge that electronic communications
and databases are subject to errors, tampering and break-ins and that while Iasta will
implement reasonable security precautions to attempt to prevent such occurrences,
Iasta does not guarantee or warrant that such events will not take place. You are
responsible for ensuring that any postings made by or for you to this Website or
any Iasta system or database does not contain any viruses
or other computer software code or routing designed to disable, erase, impair or otherwise
damage the website or any system, software or database of Iasta or any other user of the
Website. You hereby agree to indemnify and hold Iasta harmless from any liability,
claim cost or damage arising out of your use of the Website or any claim or suit by
any such user caused by such virus or code or subroutine.
8. Termination. The Terms may be terminated by Iasta, in its sole and absolute
discretion, at any time and for any reason, with or without cause and with or without
notice. If the Terms are terminated, you agree to cease your use of the Website and,
upon request by Iasta, to return all information in your possession relating
to the Website.
9. Export Laws, Regulations and Restrictions. You agree to comply with all applicable
export laws, regulations and restrictions. Information Iasta places on or makes available
through this Website may contain references or cross references to Iasta or third party
products, programs and services that are not announced or available in your country.
Such references do not imply that either Iasta or such third party intends to announce
or make available such products, programs or services in your country. Consult Iasta
or the applicable third party for information regarding any such products, programs
or services. This Website may contain other proprietary notices and copyright information,
the terms of which must be observed and followed. Any rights not expressly
granted herein are reserved.
10. Miscellaneous. If any part or parts of the Terms are held to be invalid, the
remaining parts will continue to be valid and enforceable. Nothing in these Terms
affects any statutory rights of consumers that cannot be waived or limited by contract.
Your use of this Website, the Iasta information, content, services or other materials,
and any and all other matters between Iasta and you related hereto, shall be governed
by applicable United States federal law and the laws of the State of Indiana, excluding
its conflict-of-laws rules. You hereby agree to waive any right to a jury trial
in any suit arising out of or relating to this Website or any Iasta information,
content, service or other product. Any suit or proceeding arising out of or relating
hereto must be commenced within one year from the date the right, claim, demand or
cause of action being asserted first came into being. Venue for all disputes arising
out of or relating to the Terms shall be exclusively in the state and federal
courts situated in Hamilton or Marion County, Indiana. Any provisions or obligations
contained in the Terms which by their nature or effect are required or intended to be
observed, kept or performed after termination of the Terms shall survive the termination
of the Terms and remain binding upon and for the benefit of the parties, their
successors and permitted assignees.
11. Contacting Iasta. If you have any questions regarding this Website,
its contents, or these Terms, please contact Iasta at 12800 North Meridian Street, Suite 425, Carmel, IN 46032,
Phone: (317) 594-8600,
or E-mail:
info@iasta.com. 