AHC reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date this Agreement was revised is set forth below.
This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent or partner of each organization you represent in connection with any use of the Website) and AHC. By using the Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Website.
By using the Website in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent or partner of such organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Website and you in your capacity as a representative of your organization.
The following terms apply to any use of or access to the Website:
a) License to You. The Website and content are protected by U.S. and international copyright, trademark and other laws, and belong to AHC or its contributors or licensors, or to third parties. AHC grants you a personal, non-exclusive, non-transferable license to view the Website and the content and to download, print and store limited portions of the content that you select, provided that you: (a) only use the content for personal, non-commercial purposes or the internal operations of your business, but in no way reuse the content commercially (e.g. collecting the content for resale or redistribution through any other channel), and (b) you remain in compliance with this Agreement and any other instructions that may be provided by AHC from time to time. Any computer code used to generate or display the content is also protected by U.S. and international copyright, trademark and other laws, and you may not copy or modify such code except as needed to view the Website and content as permitted above. Except as stated in this Section 2(a), nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise. The above license is revocable at any time without notice and with or without cause. You are solely responsible for paying any required fees to access the Website and content, including without limitation costs related to your internet service provider.
b) Limitations. As a condition of obtaining license rights in Section 2(a) above, you agree that you will not:
Aggregate, copy or duplicate in any manner any of the content, except that you may copy and store limited amounts of content (but in no case more than 1% of the content) for your internal business operations as permitted by this Agreement;
Use any tool or utility to navigate or search any Website other than the tools available on the Website or other tools approved by AHC;
Use any data mining mechanism, robot or similar data gathering or extraction methods on the Website, content or AHC systems;
Mirror, replicate, or frame the home page or any other pages of Website on any other environment (including without limitation, uploading or republishing content on any internet, intranet or extranet site or incorporating the content in any other database or compilation for any purpose);
Transmit, post, distribute, store or destroy the content in violation of any applicable law or regulation or this Agreement, including but not limited to laws or regulations governing the collection, processing or transfer of personal information;
Transfer any content to a third party for that third party’s commercial use;
Use any of the marks or logos appearing throughout the Website without express written consent from the trademark owner, except as permitted by applicable law;
Take any action that adversely impacts the Website or AHC’s systems or infrastructure;
Violate or attempt to violate the security of any Website or AHC system, including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Reverse engineer or decompile any part of any Website or content; or,
Use the Website or content for any unlawful purpose or any illegal activity.
a) Third Party Links. Hypertext links to third party websites or information do not constitute or imply the endorsement, sponsorship or recommendation by AHC of the third party, the third party website, or the information contained therein. You acknowledge and agree that AHC is not responsible for the availability of any such websites and that AHC does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. Further, you should consult the privacy statements or policies posted on third party websites to determine how the third party may use personal information that is provided by or collected from you. AHC disclaims any and all responsibility and liability for the collection and transfer of information collected by such other third party websites.
b) Security. AHC strives to protect the personal information and privacy of its users, but no Internet website is 100% secure. Thus, your use of the Website to transmit or store personally identifiable information is at your own risk.
c) Miscellaneous. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
AHC PROVIDES THE WEBSITE AND ALL CONTENT STRICTLY ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, AHC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY WEBSITE OR CONTENT. AHC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT. AHC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED. AHC DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL AHC, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, MEMBERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES), ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AHC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AHC reserves the right in its sole discretion, and at any time (under no penalty or liability of any kind) to: (a) suspend or terminate access or use of all or any part of the Website; (b) change the format and contents of the Website; or (c) suspend, terminate operation, or block all or part of the Website.
AHC provides the Website and content solely as an accommodation to you, and AHC will not accept any risks arising from your use of the Website or content. You agree to indemnify, defend and hold harmless AHC, any subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, contractors, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) your use, misuse, or inability to use the Website or the content, (ii) your reliance upon the content, or (iii) any violation by you of this Agreement.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by AHC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, or your use of the Website or the content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. AHC makes no guarantees or representations that the Website or content may be lawfully viewed or accessed outside of the United States. If you access the Website or view content you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of, or failure to enforce, any term of this Agreement by AHC shall be deemed a further or continuing waiver of such term or any other term or otherwise affect AHC’s ability to enforce such term at any point in the future. You agree not to resell or assign your rights or obligations under this Agreement, or to make any unauthorized commercial use of the Website or content.
To ask questions or comment about these Website Terms & Conditions, contact us at:
AHC Digital LLC
10 South 5th Street
Minneapolis, MN 55402
These Terms & Conditions were last revised on: January 14, 2013.