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Linking
Third Party Sites
You are granted a limited, non-exclusive right to create a hyperlink to
this Site provided such link does not portray First Insight, its licensors
or third party suppliers, or any of their products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not use
a First Insight logo or other proprietary graphic or trademark of First
Insight to link to this Site without the express written permission of
First Insight. This limited right may be revoked at any time.
First Insight makes no claim or representation regarding,
and accepts no responsibility for, the quality, content, nature or
reliability of Web sites accessible by hyperlink from this Site, or
Web sites linking to this Site. The linked Web sites are not under
the control of First Insight and First Insight is not responsible for
the content of any linked Web site or any link contained in a linked
Web site, or any review, changes or updates to such Web sites. First
Insight is providing these links to you only as a convenience, and
the inclusion of any link does not imply affiliation, endorsement,
or adoption by First Insight of the Web site or any information, products
or services contained therein. When leaving the First Insight Site,
you should be aware that First Insight's terms and policies no longer
govern, and, therefore, you should review the applicable terms and
policies, including privacy and data gathering practices, of that Site.
Disclaimers
" AS IS" BASIS. THIS SITE AND THE PRODUCTS, SERVICES, CONTENT
AND OTHER MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY
AGREE THAT USE OF THIS SITE, INCLUDING ALL PRODUCTS, SERVICES, THIRD
PARTY CONTENT, DATA OR OTHER MATERIAL OR CONTENT DISTRIBUTED BY, DOWNLOADED
OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. FIRST INSIGHT DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE
SITE. FIRST INSIGHT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS
SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FIRST
INSIGHT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING
TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE FIRST INSIGHT ATTEMPTS TO ENSURE
YOUR ACCESS AND USE OF THE SITE IS SAFE, FIRST INSIGHT CANNOT AND DOES
NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
First Insight reserves the right to change any
and all content contained on this Site at any time without notice.
Reference to any products, services, processes, or other information,
by trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship or recommendation
thereof by First Insight.
Limitation
of Liability
IN NO EVENT SHALL FIRST INSIGHT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIRST INSIGHT (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF FIRST
INSIGHT'S SITE EXCEED THE LESSOR OF THE COMPENSATION YOU PAID FIRST INSIGHT
FOR ACCESS TO OR USE OF THIS SITE OR $50.00.
Indemnification
You agree to indemnify, defend and hold First Insight harmless from and
against any claims, actions, lawsuits, damages, proceedings or other
liability ("Liabilities") arising from or in connection with
your use of the Site in violation of these Site Terms, including without
limitation your violation of the Limitation on Site Access provisions,
the Copyright and Trademark provisions, the Third-Party Content provisions,
and the Linking provisions set forth above.
Termination
Notwithstanding any of these terms and conditions, First Insight reserves
the right, without notice and in its sole discretion, to terminate
your license to use the Site, and to block or prevent future access
to and use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
Waiver
Any refusal or failure of First Insight to enforce any provision of these
Site Terms against a person or entity in violation of or violating
a provision shall not under any circumstances constitute consent to
such violation, a waiver of the provision or a waiver of First Insight's
right to enforce the provision against any person or entity violating
such provision at any time upon discovery of the violation or anytime
thereafter.
Applicable
Law and Venue
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of Oregon applicable to agreements made and
entirely to be performed within the State of Oregon without resort to
its conflict of law provisions. You agree that any action at law or in
equity arising out of or relating to these terms and conditions shall
be filed only in State or Federal Court located in Portland, Oregon and
you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of these terms and conditions. |
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