ACCEPTANCE OF TERMS
Taylor Publishing Co. ("Taylor") makes available for your use
on this Web site (the "Site") information, documents, software
and products (collectively, the "Materials") and various services
(the "Services"), subject to the terms and conditions set forth
in this document (the "Terms of Use"). By accessing this Site,
you agree to the Terms of Use. Taylor reserves the right to change the
Terms of Use from time to time at its sole discretion. Your use of the
Site will be subject to the most current version of the Terms of Use posted
on the Site at the time of such use. In addition, when using, accessing,
or retrieving particular Materials or Services on this Site, you shall
be subject to any posted guidelines or rules applicable to such Materials
or Services that may contain terms and conditions in addition to those
in the Terms of Use. All such guidelines or rules are hereby incorporated
by reference into the Terms of Use. If you breach any of the Terms of
Use, your authorization to use this Site automatically terminates and
you must immediately destroy any Materials or Services downloaded, cached,
retrieved, printed, or stored from the Site.
INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
The Materials and Services on this Site are protected by patent law,
copyright law, publicity rights law, moral rights law, trade secret
law, trade dress law, trademark law, unfair competition law, and/or
other similar protections (hereafter referred to as "Intellectual
Property Rights") and any unauthorized use of the Materials or
Services at this Site may violate such laws. Except as expressly provided
herein, Taylor and its suppliers do not grant any express or implied
right to you under any Intellectual Property Rights with respect to
the Materials and Services.
Except as specifically permitted herein, no portion of the information
or documents on this Site may be reproduced in any form or by any means
without the prior written permission of Taylor.
Use of Software. The software and accompanying documentation that are
made available to download, retrieve, access, store or print from this
Site are the copyrighted works of Taylor and/or its suppliers. Use of
the software is governed by the terms of the end user license agreement
that accompanies or is included with such software. You will not be
able to download or install any software that is accompanied by or includes
an end user license agreement unless you agree to the terms of such
end user license agreement. If you do not agree to such terms, you will
not be able to use the software. You may not decompile, decrypt, decipher,
disassemble, reverse engineer or otherwise attempt to discover the source
code of the software available on the Site.
Use of Site Information. Except as otherwise indicated elsewhere on
this Site, you may view, download, retrieve, access, store and print
the documents and information available on this Site subject to the
following conditions:
1. The documents and information may be used solely for personal, informational,
educational, non-commercial purposes.
2. The documents and information may not be modified or altered in
any way.
3. You may not remove any copyright or other proprietary notices contained
in the documents and information.
4. Taylor reserves the right to revoke the authorization to view, download,
retrieve, access, store and print the documents and information available
on this Site at any time, and any such use shall be discontinued immediately
upon written notice from Taylor.
5. The rights granted to you constitute a license and not a transfer
of title.
6. You may not sell or resell Materials and Services.
7. You may not modify, reproduce, display, publicly perform or otherwise
use the Materials and Services in any way not expressly authorized under
the Terms of Use.
8. You may not use the Materials and Services on any other web site
or in any other networked computer environment for any purpose.
9. You shall not copy or adapt the HTML or other code that Taylor creates
to generate pages on the Site.
10. The pages and elements on this Site are protected by Intellectual
Property Rights, owned by Taylor, and are not licensed hereby. You may
not copy or imitate, in whole or in part, the pages and elements on
this Site. The rights specified above to view, download, retrieve, access,
store and print the documents and information available on this Site
are not applicable to the design or layout of this Site.
Cookies. You acknowledge that the Site uses cookies on certain pages
and that many features and services on the Site may be available only
through the use of a cookie. You expressly authorize Taylor to generate
and utilize cookies that shall be stored on the hard drive of the computer
used to access the Site. You are free to decline cookies if your browser
permits, but some loss of the features, Materials and Services offered
via the Site may occur as a result.
No Exclusive Rights. No exclusive right of any kind is granted to you
under the Terms of Use.
Derivative Works. You are prohibited from creating derivative works
or other modifications of any of the Materials and Services or of any
portion of the Site. If you create derivative works of the Materials
and Services or of any portion of the Site through the written permission
of the Site or otherwise, you hereby assign, transfer and set overall
worldwide rights, title and interest, including all Intellectual Property
Rights, to any and all portions of such derivative works, unless otherwise
specified in writing. You agree to execute all necessary documents and
cooperate fully with Taylor in order to perfect any assignments required
by the Terms of Use.
Redistribution. You are prohibited from redistributing any of the materials
provided over the Site in any form of printed or electronic communication
including expressly, but not limited to, magnetic media, the Internet
or photocopies.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account
number and/or password, if applicable. You are responsible for all uses
of your account, whether or not actually or expressly authorized by
you.
User Authentication and Disputes. You acknowledge that, because user
authentication on the Internet is difficult, the Site cannot and does
not confirm that each user is who they claim to be. Because Taylor is
not and cannot be involved in user-to-user dealings or control the behavior
of participants on the Site, in the event that you have a dispute with
one or more users, you hereby release Taylor (and its agents and employees)
from claims, demands and damages (actual and consequential, direct and
indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
CONFIDENTIAL INFORMATION; PRIVACY
Please note that, with the exception of credit card numbers, Taylor
does not want to receive confidential or proprietary information from
you through our Site. Any non-personal information or material sent
to Taylor will be deemed NOT to be confidential. By sending Taylor any
non-personal information or material, you grant Taylor an unrestricted,
irrevocable license to use, reproduce, display, perform, modify, transmit
and distribute non-personal materials or information, and you also agree
that Taylor is free to use any ideas, concepts, know-how or techniques
that you send us for any purpose. However, we will not release your
name or otherwise publicize the fact that you submitted materials or
other information to us unless: (i) you grant us permission to do so;
(ii) we first notify you that the materials or other information you
submit to a particular part of the Site will be published or otherwise
used with your name on it; or (iii) we are required to do so by law.
Security. You expressly acknowledge that security risks are an inherent
risk of doing business on the Internet. In particular, you acknowledge
that third parties may unlawfully intercept or access transmissions
or private communications of yours. Although Taylor intends to use industry
standard practices for securing the Site, you acknowledge that Taylor
does not warrant or represent that information communicated to or from
the Site will be free from tampering or interception by third parties.
In particular, and not withstanding any other provision in the Terms
of Use, Taylor does not warrant that information communicated to or
from the Site shall not be disclosed to third parties or otherwise remain
private.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND TAYLOR, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, TAYLOR MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF SERVICES
AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR
MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OBTAINED
FROM THE SITE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE,
EXECUTE, OR ACCESS MATERIALS AND SERVICES WITHOUT VIOLATING THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO
THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY
(90) DAYS FROM THE DATE YOU FIRST VIEW, DOWNLOAD, RETRIEVE, ACCESS OR
PRINT THE MATERIALS OR SERVICES.
THIS SITE COULD INCLUDE TECHNICAL MISTAKES, INACCURACIES, TYPOGRAPHICAL
ERRORS OR OTHER MISTAKES. TAYLOR MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TAYLOR MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES OR THAT OUT-OF-DATE MATERIALS OR
SERVICES WILL OPERATE PROPERLY OR IN AN ERROR-FREE MANNER. THE USE OF
THE SITE AND THE MATERIALS AND SERVICES IS AT YOUR OWN RISK.
TAYLOR ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION,
DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED
BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES
AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL TAYLOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TAYLOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY MATERIALS AND SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TAYLOR OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
Third-Party Web Sites. This Site contains links to third-party Web
sites that are not under the control of Taylor. Taylor makes no representations
whatsoever about any other Web site to which you may have access through
this Site. When you access a non-Taylor Web site, you do so at your
own risk and Taylor is not responsible for the accuracy or reliability
of any information, data, opinions, advice, or statements made on these
sites or for the quality of any products or services available on such
sites. Taylor provides these links merely as a convenience and the inclusion
of such links does not imply that Taylor endorses or accepts any responsibility
for the content or uses of such Web sites.
International Access. This Site can be accessed from other countries
around the world and may contain references to Taylor products, services,
and programs that have not been announced in your country. These references
do not imply that Taylor intends to announce such products, services
or programs in your country.
USER PROVIDED MATERIALS AND SERVICES; PROHIBITED COMMUNICATIONS AND
ACTIONS
Monitoring. Taylor may, but is not obligated to, monitor or review
(i) any areas on the Site where users transmit or post communications
or communicate solely with each other, including but not limited to
chat rooms, bulletin boards or other user forums, and (ii) the content
of any such communications. Taylor, however, will have no liability
related to the content of any such communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or otherwise.
Removal. You are prohibited from posting or transmitting to or from
this Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic or other material that would violate any law. Taylor may,
but is not required to, remove or delete any Materials or Services you
have transmitted or posted to the Site without notice or comment to
you. You specifically agree to allow Taylor to do so without any liability
or consequence to Taylor.
Specific Use Restrictions. You shall not use the Site in order to post,
transmit, distribute, store or destroy any information: (i) in violation
of any applicable law, statute, ordinance or regulation (including,
without limitation, those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (ii) in
a manner that will infringe the Intellectual Property Rights of others
or violate the privacy, publicity or other personal rights of others;
(iii) that is defamatory, trade libelous, obscene, threatening, abusive
or hateful; (iv) that contains any viruses, Trojan horses, worms, time
bombs, cancel bots, or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; (v) that includes
any incomplete, false, inaccurate, or misleading information or information;
or (vi) that advertises or promotes a franchise, pyramid scheme, "club
membership", distributorship or sales representative agency arrangement
or other business opportunity which requires an up front or periodic
payment, pays commissions only (no significant salary), or requires
recruitment of other members, sub-distributors or sub-agents.
Security Breeches. You are prohibited from violating or attempting
to violate the security of the Site, including, without limitation,
(i) accessing data not intended for you or logging into a server or
account which you are not authorized to access; (ii) attempting to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (iii) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing," "crashing",
denial of service attacks and other attacks; (iv) sending unsolicited
e-mail, including promotions and/or advertising of products or services;
(v) forging any TCP/IP packet header or any part of the header information
in any posting; or (vi) deleting or revising any material posted on
the Site by any other person or entity. If you have a password allowing
access to a non-public area of the Site, you shall not disclose the
password to any third parties or use the password for any unauthorized
purpose.
Interference and Use of Outside Software. You shall not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Site or any activity being conducted on this site. You
shall not take any other action that imposes an unreasonable or disproportionately
large load on the Site's infrastructure. Notwithstanding any provision
of the Terms of Use, you shall not use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents)
to monitor, copy, navigate or search the Site other than the search
engine and search agents available from the Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Internet Explorer).
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of Taylor software products are controlled
by the United States Export Administration Regulations and such software
may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, or Syria or any country to which the United States embargoes
goods. In addition, Taylor software may not be distributed to persons
on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals.
By downloading an Taylor software product you are certifying that you
are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or
Syria or any country to which the United States embargoes goods and
that you are not a person on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals.
All Taylor products and publications are commercial in nature. The
software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable,
the Commercial Computer Software and Commercial Computer Software Documentation
are licensed to U.S. Government end users (A) only as Commercial Items
and (B) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
INDEMNITY
You agree to indemnify and hold Taylor, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any loss, liability, claim, damages, demand, cost, expense, dispute,
action or litigation, including reasonable attorneys' fees, made by
any third party due to or arising out of content, materials and services
you submit, post to, transmit or provide through the Site, your use
of the Site, your connection to the Site, your violation of the Terms
of Use, or your violation of any rights of another person or entity.
The foregoing indemnity shall survive and continue in force after the
termination of these Terms of Use without limitation. If you fail to
accept the defense of the matter as above provided, Taylor shall have
the full right to defend against any such claim or demand, and shall
be entitled to settle or agree to pay in full such claim or demand,
in its sole discretion, and seek payment from you hereunder.
Termination by Taylor. Taylor may terminate the Agreement immediately
in the event of: (i) failure by you to pay any fee or make any other
payment within seven (7) days of the due payment date; (ii) any use
of the Site by you outside the scope permitted by these Terms of Use
or (iii) any other material breach of these Terms of Use.
GOVERNING LAW AND JURISDICTION
By accessing this Site, you and Taylor agree that all matters relating
to your access to, or use of, this Site shall be governed by the statutes
and laws of the State of Texas, without regard to the conflicts of laws
principles thereof. You and Taylor also agree and hereby submit to the
exclusive personal jurisdiction and venue of the State Courts of Dallas
County and the United States District Court for the Northern District
of Texas with respect to such matters. Taylor makes no representation
that materials on this Site are appropriate or available for use in
other locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this Site from
other locations do so on their own initiative and are responsible for
compliance with local laws.
TRADEMARK INFORMATION
You acknowledge that trademarks, logos, service marks and other proprietary
marks ("Marks") may be displayed on this Site which are the
property of Taylor or other third parties. You are not permitted to
use the Marks without the prior written consent of Taylor or such third
party which may own the Marks. Taylor and the Taylor logo are trademarks
of Taylor Publishing Incorporated.
Taylor Publishing Company
1550 W. Mockingbird Lane
Dallas, TX 75235
214.819.8387 Tel
214.819.8420 Fax
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