§ Use of Online Materials
All online materials on the AWCAOnline.com site, including and without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, and video clips are copyrighted intellectual property. All usage rights are either owned by the AWCA or used with permission from their respective owners.
You, the visitor, may download online materials that we make available, provided that it is solely for non-commercial, personal use only, and provided that you:
- Retain all copyright, trademark, and proprietary notices
- You make no modifications to the materials
- You do not use the materials in a manner that suggests as association with any of our products, services, events, or brands
- You do not download quantities of materials to a database, server, or personal computer for re-use for commercial purposes, and
- You do not upload any materials – including videos – to any website or service, including but not limited to YouTube, Google Video, networked systems, or any other service or website.
You may not copy, reproduce, republish, upload, post, transmit or distribute online materials in any way or for any other purpose other than the above mentioned outline unless you get our written permission first. You may not add, delete, distort or misrepresent any content on AWCAOnline. Any attempts to modify any online material or to defeat or circumvent our security features is prohibited, and any attempts to do so will result in legal action.
Everything you download, including software, files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by AWCAOnline.com or third-party licensees for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You are not authorized to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
§ Banning of IP Address Due To Spamming
In the event that a visitor to AWCAOnline has been shown to abuse the site, e.g. placing our email ID on a distribution list, spamming, using our feedback forms for unsolicited advertising, and/or other abusive activities, the IP address of the poster will be immediately and permanently banned from accessing the website and a formal complaint filed with the user’s Internet host. In the event that an abuser is also a customer of an AWCA product, they forfeit all rights to any upgrades for a purchased or free product.
Additionally, should any IP address continuously attempt to post “blanket” posts to the AWCA Weblog, for example, “Nice site…” (and a link to another website), this indicates that it is simply for quick linking and driving traffic to their site vs. contributing anything of substance. Therefore, the IP address will be banned and a formal complaint filed to the submitter’s ISP (as well as registering a complaint on Spam-Cop).
A variety of IP addresses have been banned because of this, with some of them being customers of an AWCA product. Because of their actions, and according to the User License Agreement of the product they purchased, their IP address has been blocked, they will no longer be able to access the site, and they forfeit all rights to all upgrades to their products.
I take AWCAOnline very seriously because it provides such a useful service to thousands of practitioners all over the world. I will not allow anyone to intentionally disrupt service for their own gain.
§ Limitation of Liability
NEITHER AWCAONLINE.COM, ITS OFFICERS, REPRESENTATIVES OR THE WEBHOSTING SERVICE (IPOWERWEB.COM) WILL BE LIABLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OR MISUSE OF ANY OF THIS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- ANY INSTRUCTIONS, ADVICE, OR PHYSICAL DRILLS/ SELF-DEFENSE INSTRUCTION ON OUR SITE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES”)
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES”)
- WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
§ Links to Other Websites
Throughout AWCAOnline (but specifically on our Links page), we sometimes provide links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in an AWCAOnline.com-operated site or have moved to another site.
AWCAOnline.com is not responsible for the content or practices of third party sites that may be linked to our site. When AWCAOnline.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that AWCAOnline.com is connected with, operates or controls these Web sites.
Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any AWCAOnline.com site or endorsement, sponsorship or support of AWCAOnline.com, including its respective employees, agents or directors.
§ Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from the AWCAOnline.com website, along with all related documentation and all copies and installations. AWCAOnline.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. AWCAOnline.com is entitled to terminate all or any part of any of its website without notice to you.
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate AWCAOnline.com and/or its affiliate’s intellectual property rights, AWCAOnline.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts.