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Terms
of Use These Terms of Use explain the contractual agreement between you, who uses this web site and agrees to these Terms of Use ("you", "your"), and the ASPIRE Foundation and its subsidiaries and affiliates, ("ASPIRE", "we", "us", "our") regarding your use of this web site ("ASPIRE Web Site") and activities conducted through the ASPIRE Web Site. We recommend that you print a copy of these Terms of Use for your records. If you have questions regarding Terms of Use, please click on "Contact Us". 1. "Agree"By using this site, you signify your acceptance of these Terms of Use. Furthermore, at various times within the ASPIRE Web Site you may be required to click "Submit" or similar buttons to register and participate in certain activities or to submit applications or other information to us. Your act of "clicking" the button signifies your further acknowledgement and agreement with these Terms of Use. We will try to remind you at various times of these Terms of Use and your agreement with them, and you are encouraged to review them often. Please note, however, that our failure on any web page to make specific notice of these Terms of Use does not mean that they are not applicable. These Terms of Use apply to the entire web site and all functionality, features and content offered by us through this web site. If you are dissatisfied with these Terms of Use, your sole remedy is to discontinue your use of this site. 2. PrivacyWe recommend that you review our Privacy Policy which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the ASPIRE Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate. 3. Updates and Changes to the Terms of UseWe reserve the right, at any time, to modify, alter, update, or remove portions of these Terms of Use, so please check them (including our Privacy Policy and all other product, program and service Terms and Conditions) from time to time as your continued use of the site after a change has been made signifies your acceptance of any changed items. If you have registered with us and provided an email address, we will send you an email when these Terms of Use, or our Privacy Policy are changed. We may also add, delete or modify some or all of our programs or services at any time. You may only amend these Terms of Use with a writing signed by both of us. 4. Disclaimers of WarrantiesWeb Site. THIS SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROGRAM OR SERVICE PROVIDED, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. THESE DISCLAIMER OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY TO PERSON OR PROPERTY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW. 5. Limitation of LiabilityWeb Site. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE ASPIRE WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE ASPIRE WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE ASPIRE WEB SITE EXCEED US$100.NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF ANY PROGRAMS OR SERVICES PROVIDED BY US, AND IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO ANY SUCH PROGRAMS OR SERVICES EXCEED US$100. THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW. 6. Links(a) This site may contain links to other sites on the Internet that are owned and operated by third party parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk, including reliance on the content contained on or provided by such links or sites. (b) Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the ASPIRE Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "ASPIRE" or "www.aspire-foundation.org"; (b) the link must "point" to the URL "www.aspire-foundation.org" and not to other pages within the ASPIRE Web Site; (c) the link, when activated by a user, must display the ASPIRE Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion. 7. System IntegrityYou may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the ASPIRE Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the ASPIRE Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques. 8. Compliance with LawsYou agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site. 9. User Communications, Feedback and SubmissionsThe ASPIRE Web Site may have functionality that permits public communication, including public postings and e-mail links. You agree not to submit, publish, distribute, or transmit through this site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. You also agree that you will not submit, publish, distribute, or transmit anything through the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted or content contained on the ASPIRE Web Site and we are not liable for any information posted on the ASPIRE Web Site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the ASPIRE Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. 10. OwnershipThe ASPIRE Web Site and all intellectual property rights included in or related to the ASPIRE Web Site (including but not limited to copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in the ASPIRE Web Site and the intellectual property rights remain our property. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the ASPIRE Web Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the ASPIRE Web Site or its content. All trademarks, trade names, and service marks of ASPIRE are proprietary to ASPIRE, and may not be used in connection with any product or service without our written permission. All other trademarks, product names, and company names and logos are the property of their respective owners. 11. Termination of UsageThese Terms of Use are in force until terminated by either you or us. You may terminate these Terms of Use solely by discontinuing your use and access to the site. We may terminate these Terms of Use, or suspend your access to all or part of the ASPIRE Web Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the site or is in violation of any applicable law or these Terms of Use. In the event of termination or expiration of these Terms of Use for any reason, the provisions of Sections 4, 5, 6, 7, 10, 11, 12, 13, 14 and 15 shall survive. 12. IndemnificationYou agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. 13. Governing Law and JurisdictionThis site is controlled and operated by us from our offices
within the Commonwealth of Pennsylvania, United States of America. Although
it may be technically accessed from all 50 states as well as from other
countries around the world, you agree that your use of the ASPIRE Web
Site shall be construed to be made from within the Commonwealth of Pennsylvania
and you agree that these Terms of Use and your use of the ASPIRE Web
Site shall be governed in all respects by the internal substantive laws
of the Commonwealth of Pennsylvania, without regard to conflict of laws
provisions. We specifically disclaim the applicability of the United
Nations Convention on the International Sale of Goods and the Uniform
Computer Information Transactions Act. You further submit to jurisdiction
and venue in the state and federal courts located in the Commonwealth
of Pennsylvania, Allegheny County and further agree that any cause of
action you may bring arising under your use of the ASPIRE Web Site or
any product, service or program provided by or through the ASPIRE Web
Site shall be brought by you exclusively in a state or federal court
located in the Commonwealth of Pennsylvania, Allegheny County. 14. Other General ProvisionsNo agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and us. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof. 15. How to Contact UsASPIRE |