This Agreement sets forth the terms and conditions which apply to your use of the County Service website (the “Website”) and any other product or service offered for sale by Apprentice Information Systems, Inc. (“AIS”) through the Website. The right to use the Website and any other product or service offered by AIS through the Website is personal to you and is not transferable to any other person or entity.1. Definitions
"Service" means the on-line information, including, but not limited to product information, ordering information, e-mail, messages, shopping and interactive services operated by AIS through the Website.
"User" means each person who uses the Service or purchases any products from AIS.2. Changes In the Service or Terms of Usage
AIS has the right at any time to modify, change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use of the Website. AIS also has the right at any time to impose, change, or modify the terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, including, but not limited to, posting on the Website a revised version of this Agreement or notification by electronic or conventional mail. Any use of the Service by the User after such notice constitutes acceptance by the User of such changes, modifications, additions, or deletions. The User agrees to periodically review the ApprenticeIS.com Website Agreement.3. User Conduct
a) The User agrees to use the Service for lawful purposes only and agrees not to post or transmit any material that violates or infringes in any way upon the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. No conduct may be undertaken that, in AIS judgment and sole discretion, restricts or inhibits any other user from using or enjoying the Service. The User agrees not to post or transmit on the Website advertising or other commercial solicitations.
b) User agrees not to upload, post, or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. By communication with the Website, each User hereby represents and warrants that the User has all necessary rights for the materials, communications, or other information that the User has provided, transmitted or sent to the Website. The User is solely liable for any damages resulting from any infringement of a third-party’s copyright, patent, trademark, service mark or other proprietary rights, or any other harm resulting from any uploading, posting or submission of material on the Website.4. Intellectual Property
a) The Service and Website contain both publicly available information as well as copyrighted material and other proprietary information, which is exclusively owned by AIS. In regards to the copyrighted and proprietary information, the User may not reproduce, copy, prepare derivative works, distribute, perform, display, print, publish, upload, post, or transmit in any way any copyrighted and proprietary material from the Website including, but not limited to, text, images, code and software, without the express written consent of AIS. AIS hereby grants to User a non-exclusive, royalty-free license to download material from the Website, provided that User will not make any modification to, changes in, or deletion of author attribution, trademark, copyright or other proprietary notices. All rights not expressly granted herein are reserved. Each User acknowledges that he or she does not acquire any ownership rights by using the Service or downloading material from the Website.
b) AIS, ApprenticeIS.com, ARCountyData.com, CountyService.net, are trademarks and service marks of AIS and all rights are reserved. All other trademarks, service marks and trade dress appearing on the Service are the property of their respective owners, including, in some instances, AIS.
The Service contains content supplied by parties other than AIS. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Users, are those of the respective author(s) or distributor(s) and not of AIS. Neither AIS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.6. Disclaimer of Warranties and Limitation of Liability
a) EACH USER EXPRESSLY AGREES THAT THE USER’S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER AIS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
b) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. EACH USER SPECIFICALLY ACKNOWLEDGES THAT AIS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
c) EXCEPT AS PROVIDED FOR HEREIN, IN NO EVENT WILL AIS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE OR ANY MERCHANDISE PROVIDED THROUGH THE SERVICE BE LIABLE TO USER FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, LOST PROFITS, LOST REVENUE, AND DAMAGES RELATING TO THE PURCHASE AND/OR USE OF ANY PRODUCTS PROVIDED THROUGH THE SERVICE, USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OUT OF THE BREACH OF ANY WARRANTY, THE USE BY THE USER OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY, INCLUDING AIS, AND/OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY PARTY, INCLUDING AIS, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE CLAIM IS MADE FOR BREACH OF CONTRACT, BREACH OF WARRANTY, IN TORT OR OTHERWISE. THE ONLY WARRANTIES PROVIDED BY AIS ARE THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND SUCH LIMITED WARRANTIES ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
d) AIS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE WEBSITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL AIS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE AND/OR ANY POSTINGS ON THE WEBSITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.
e) AIS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.7. Monitoring
AIS has the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by AIS. AIS has the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. Notwithstanding the above, each User remains solely responsible for the content of their messages and each User agrees that AIS neither assumes nor will have any liability for any action or inaction by AIS with respect to any conduct, communication or posting on the Website.8. Indemnification
Each User agrees to defend, indemnify, and hold harmless AIS, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by the User.9. Termination
Either AIS or User may terminate this Agreement at any time. User’s only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, (ii) any policy or practice of AIS in operating the Service, or (iii) any content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by e-mail to firstname.lastname@example.org or by mailing such notice to:
Apprentice Information Systems, Inc.
900 North Dixieland
Rogers, AR 72756
Without limiting the foregoing, AIS has the right to immediately terminate this Agreement with respect to any User in the event of any conduct by User which AIS, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Paragraphs 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement.10. Equipment
Each User is solely responsible for obtaining and maintaining all equipment needed for access to and use of the Service, including, but not limited to, telephone and computer hardware, and each User is solely responsible for all charges related thereto.11. Privacy
This Agreement will be construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws rules.14. Non-Waiver
No waiver by either party of any breach or default hereunder will constitute a waiver of any preceding or subsequent breach or default.15. Paragraph Headings
The section headings used herein are for convenience only and are not to be given any legal import.
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