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INTERACTIVE SERVICE AGREEMENT AND LICENSE
Date of Revision: September 12, 2014
You accept that workplace safety, the management and mitigation of risks, compliance, communication and all other services supported by the applications and content contained in the Site are your responsibility. That duty cannot be delegated to TargetSolutions and TargetSolutions accepts no delegation of that duty. TargetSolutions will assist you by providing specific services for which you have requested. All warranties are defined in this agreement and TargetSolutions undertakes no obligations other than those set out in this agreement. Read the terms and conditions of this agreement carefully before using any content or services.
Provisions for All Individuals and Organizations Accessing TargetSolutions’ Web Sites
PLEASE NOTE THAT BY ACCESSING OR USING OR ACCEPTING ANY PART OF THE WEB SITES OR THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION PROCEDURE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITES OR THE SERVICES. TARGETSOLUTIONS RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITES AND/OR THE SERVICES CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITES IN THE FUTURE.
In, or as a result of, your use of the Web Sites and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party, or upload, post, transmit, share, store or otherwise make publicly available on the Web Sites any private information of any third party or any information that would encourage or provide instructions for an unlawful activity; (ii) disrupt or interfere with the security or use of the Services, the Web Sites, or any web sites linked to the Web Sites; (iii) interfere with or damage the Web Sites or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) TargetSolutions, federal, state, or municipal government,; or create or use a false identity; (v) attempt to obtain unauthorized access to the Web Sites or portions of the Web Sites that are restricted from the access granted to you; (vi) engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users (including e-mail addresses or other contact information) without their express consent or other information relating to the Web Sites or the Services; (viii) use any meta tags or any other hidden text utilizing TargetSolutions’ name, trademarks, or product names in any manner and in any place; (ix) advertise, offer to sell, or sell any goods or services unless specifically authorized by TargetSolutions in writing; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Sites or Services; (xi) upload, post, transmit, share, store or otherwise make available any videos that are of a personal nature, and which are original art or animation (including any audio or music that is part of the video); or (xii) assist any third party in engaging in any activity prohibited by this Agreement. the.
Registered Users may download and/or copy content or information displayed on the Web Sites for personal use only, provided that all copyright and other notices contained therein are maintained, or to further the business purposes of TargetSolutions “Clients”. “Clients” are organizations or business enterprises that independently contract directly with TargetSolutions on behalf of select groups of Registered Users for access to TargetSolutions services for a fee. Copying, sharing, publishing, displaying, and/or preparing derivative works of any content or information from the Web Sites, in any form or by any means, for other than personal (non-commercial) use, or to further the business purposes of TargetSolutions contracted Clients, is expressly prohibited without prior written permission from TargetSolutions or the owner of the copyrighted content.
During the term of your service agreement, you may create a plain text hyperlink to TargetSolutions’s Web Sites provided that neither you nor the link portrays TargetSolutions or any of its products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with TargetSolutions. TargetSolutions may, at its discretion, revoke this permission at any time for breach of this Agreement. You may not “frame,” inline link, or similarly display any TargetSolutions content or property, including, without limitation, the Web Sites. You may not use any TargetSolutions logo or other of its trademarks as part of the link without express written permission.
By posting, storing or transmitting any content on or to the Web Sites, you hereby: (i) grant to TargetSolutions and its licensees, and represent and warrant that you have the right to grant, a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, transferable, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial, advertising, or otherwise, and (ii) agree that the content is subject to being changed, rejected, or deleted without notice or explanation to you. You hereby irrevocably waive any claims based on moral rights, if any. This will not change the protection under the law for any material which is clearly marked as copyright.
TargetSolutions respects the intellectual property rights of others and expects its users and contributors to do the same. TargetSolutions may remove or disable access to content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, TargetSolutions, in its sole and absolute discretion, may terminate the accounts or registrations of users who infringe the intellectual property rights of others within the TargetSolutions.com network. If you believe that a user of the Web Sites or the Services has infringed your intellectual property rights, please notify TargetSolutions’ Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (b) an identification of the intellectual property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
If you have had content removed because there has been a Notification of Copyright Infringement pursuant to the Digital Millennium Copyright Act (as described above) you may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Therefore, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To submit your Counter Notification to us please provide the following information:
TargetSolutions’ Copyright Agent can be reached at:
10805 Rancho Bernardo Rd., Suite 200
San Diego, CA 92127
Phone: (858) 376-1630
Fax: (858) 487-8762
You agree to hold TargetSolutions and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this agreement.
TargetSolutions will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to TargetSolutions to perform, fire, terrorism, natural disaster or war.
Any claim or controversy of whatever nature, including but not limited to the issue of arbitrability, arising out of or relating to this Agreement or the breach of it, shall be resolved by the dispute resolution procedures set forth below, including final and binding arbitration, if necessary. It is the intent of the parties that any dispute be resolved informally and promptly through good faith negotiation between employees of the parties or their supervisors. The parties therefore agree that should any dispute or controversy arise, the following steps toward resolution will immediately be taken:
SECTION II (“Negotiation”) and SECTION III (“Mediation”) of this agreement are deemed arbitration clauses for the purpose of enforcing compliance with their provisions. Any party to this agreement may seek compliance with these contract provisions by petition to any court of general jurisdiction. The prevailing party in any such proceeding shall be entitled to the court’s order for payment of attorney’s fees and costs.
TargetSolutions may, in its sole discretion, change, modify, or make improvements to any aspect of the Web Sites or the Services, temporarily or permanently, at any time without notice to you, and TargetSolutions will not be liable for doing so.
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, or (iii) overnight courier. If you give notice to us you must use the address shown in Section 7. If TargetSolutions provides notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card, or (iii) if by overnight courier, on the date receipt is confirmed by such courier service.
You agree that any suggestions, ideas, product uses and potential uses, product ideas, feedback or other information about the Web Sites, the Service, or our products or services ("Suggestions"), provided by you to us are non-confidential to you and shall become by virtue of the transmission to us, to the Web Sites, or to the Service the sole property of TargetSolutions. We will own all of the rights, exclusively, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.