a la mode technologies, inc.
Web Site, Products, and Services
The use of the web site, products, and services (the "Services") is subject to the terms and conditions stated herein. Use of the Services constitutes an agreement by you, the user, ("You" or "User") that your use is governed by these terms and conditions. In addition, when using particular a la mode technologies, inc. ("ALM") Services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. The full suite of ALM products can be found at www.alamode.com. You are responsible for regularly reviewing this Agreement. You can review the most current version of the Agreement at any time at: http://www.alamode.com/terms-of-use/.
Ownership of Intellectual Property/Usage Restrictions
The works of authorship contained in the Services, including but not limited to all trademarks, design, text and images, are owned, except as otherwise expressly stated, by ALM or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, any use of ALM Trademarks must correctly attribute ownership of such marks to ALM and must be in accordance with applicable law and ALM's then current Branding Guidelines, which can be found here: http://www.alamode.com/branding/. You will at no time contest or aid in contesting the validity or ownership of any ALM Trademark or take any action in derogation of ALM's rights therein, including without limitation, applying to register any trademark, trade name or other designation that is confusingly similar to any ALM Trademark. Unauthorized use or references of ALM Trademarks shall be considered a material breach of these terms and shall result in immediate termination thereof, as well as any other agreements You may have entered into with ALM. Such termination shall be without limitation to ALM's right to claim damages, seek for injunctive or other equitable relief and obtain other remedies from You.
You and other users may not:
Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Services without ALM's express written permission, unless you are using the material in accordance with the Community Partnership Program.
Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the ALM Services. This includes among other activities, using "framing", "scraping", "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without ALM's express written permission.
Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
You agree that you will not use the ALM Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Except with the written permission of ALM or unless you are a member of the Community Partnership Program, you agree that you will not create links from any web site or web page to any page within the ALM Web Sites with the exception of www.alamode.com, the ALM Web Sites homepages, including, but not limited to pages currently located at www.alamode.com. The origin of any such link to the ALM Web Sites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the ALM Web Sites homepage. You agree that if you create any link to the ALM Web Sites that you will not employ any technology that results in the placement of content from the ALM Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the ALM Web Sites from how they would appear if a user typed in their URL to a typical browser line. You agree that ALM may in its sole discretion and at any time terminate your access to and use of the ALM Web Sites, or any part thereof, with or without notice.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. ALM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
THE ALM SERVICES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
LIMITATION OF LIABILITY
You will indemnify, defend and hold harmless ALM and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the ALM Services or (ii) your breach of this Agreement.
This Agreement shall be construed and governed by the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida in all disputes arising out of or relating to the use of the ALM Services. Use of the ALM Services is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.