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Updated: March 18, 2004 Acceptance of Terms Information Technology Professionals of South Carolina ("ITPSC") offers this site to you conditioned on your acceptance without modification of this agreement. Your use of the ITPSC web sites constitutes your acceptance of this agreement. This agreement contains disclaimers of warranties and liability and an exclusive remedy. The services located at http://www.itpsc.org that ITPSC provides to you (managed by a third party service provider of ITPSC) are subject to the following Terms of Use ("TOU"). ITPSC reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.How ITPSC may modify this agreement ITPSC reserves the right to change the terms, conditions, and notices under which it offers the ITPSC Web Sites, including any charges associated with the use of the ITPSC Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ITPSC Web Site. Your continued use of the ITPSC Web Site after the effective data of such changes constitutes your acceptance of and agreement to such changes. Disclaimer and Limitation of Liability as to this Site; your exclusive remedy While we attempt to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Certain content from third parties may be made available as part of this
Site. This content is believed to be reliable, but we do not endorse or
guarantee the accuracy or completeness of this content. ITPSC does not endorse
or recommend any particular product or service, which may be included in our
content. Further, the content provided on the ITPSC Web Sites does not
necessarily represent the views or beliefs of ITPSC, our members or our agents
and representatives. If you are dissatisfied with the ITPSC Web Sites, you do not agree with any part of this agreement, or you have any other dispute or claim with or against and ITPSC Party with respect to this agreement or the ITPSC Web Sites, then your sole and exclusive remedy is to discontinue using the ITPSC Web Sites. Interpreting the agreement; ASSIGNMENT If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. ITPSC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ITPSC Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ITPSC with respect to the ITPSC Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ITPSC with respect to the ITPSC Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You have limited time to bring your claim You and ITPSC agree that any cause of action arising out of or related to the ITPSC Web Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. MEMBER ACCOUNT, PASSWORD, AND SECURITY If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ITPSC immediately of any unauthorized use of your account or any other breach of security. ITPSC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ITPSC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ITPSC server, or the network(s) connected to any ITPSC server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ITPSC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. USE OF SERVICES The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
ITPSC has no obligation to monitor the Communication Services. However, ITPSC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ITPSC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ITPSC reserves the right at all times to disclose any information as ITPSC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ITPSC's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. ITPSC does not control or endorse the content, messages or information found in any Communication Services and, therefore, ITPSC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized ITPSC spokespersons, and their views do not necessarily reflect those of ITPSC. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO ITPSC OR POSTED AT ANY ITPSC WEB SITE ITPSC does not claim ownership of the materials you provide to ITPSC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ITPSC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ITPSC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. ITPSC is under no obligation to post or use any Submission you may provide and ITPSC may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), if a copyright owner, its agent, or licensee has reason to believe that any material contained on ITPSC Web Sites may infringe on its copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit ITPSC to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or licensee, or is otherwise permissible by law: and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by ITPSC, any alleged infringer, or any copyright owner or its authorized agent or licensee. Written notice must be sent to: Information Technology Professionals of South Carolina, 455 St Andrews Street, Suite C-1, Columbia, SC 29210. LINKS TO THIRD PARTY SITES THE LINKS IN THIS AREA WILL LET YOU LEAVE ITPSC'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ITPSC AND ITPSC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ITPSC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ITPSC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ITPSC OF THE SITE. COPYRIGHT NOTICE All contents of the ITPSC Web Sites are Copyright © 2004 Information Technology Professionals of South Carolina, 455 St Andrews Street, Suite C-1, Columbia, SC 29210 U.S.A. All rights reserved. Any rights not expressly granted herein are reserved. | ||||||||||||||||||||||||||||||||||||||||
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