Last Updated: March 8, 2004
(Our Site). By using Our Site, you agree to be bound by the Terms of
Use. This is a legally binding agreement. If you do not agree with the
1. We agree to provide you access to Our Site in accordance with the
2. You agree to use Our Site in a manner consistent with any and all
applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as available"
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION
ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME
FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE
TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA
OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material on our Site
on one computer for your personal, non-commercial use only but you may
not in so doing remove or amend any trademark, copyright or other proprietary
8. Subject to the above, you may not modify, copy, distribute, republish
or upload any of the material on our Site without our prior consent
in writing. No intellectual property or other rights shall be transferred
9. To the extent that portions of our Site (such as "chat rooms"
or "bulletin boards") provide users an opportunity to post
and exchange information, ideas and opinions ("Postings"),
BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO
THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect
our views. To the fullest extent permitted by applicable laws, we exclude
all responsibility and liability for the Postings or for any losses
or expenses resulting from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF
OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY
FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY
A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF
WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE
WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING
SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
11. We reserve the right to monitor all materials posted on this bulletin
board ("Postings"), if such a board exists, and to remove
any which we consider in our absolute discretion to be offensive or
12. You hereby represent and warrant that you have all necessary rights
in and to all Postings you provide and all material they contain and
that such Postings shall not infringe any proprietary or other rights
of third parties.
13. Where we provide hypertext links to other sites we do so for information
purposes only, and such links are not endorsements by us of any products
or services in such sites and we accept no liability nor make any endorsement
or approval of the same.
respect of Our Site and no representation, statement, inducement oral
or written, not contained herein shall bind either of us.
15. You acknowledge that Vast Nexus may own other Web sites,
businesses and/or intellectual property that may have their
Policy and/or other documents that are not governed by or be
separate/different from the documents, agreements and/or disclaimers
found on Our Site.
by a court of competent jurisdiction, this shall not affect the validity
of any remaining portion and such remaining portion shall remain in
had been eliminated.
17. This Agreement is governed by the laws of the State of Pennsylvania,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
Vast Nexus and/or its affiliates' intellectual property rights, Vast
Nexus and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Pennsylvania, and
you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the following
location: Dauphin County, Pennsylvania. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Dauphin County, Pennsylvania, under the rules
of the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to