privacy
PLEASE READ THE FOLLOWING BEFORE USING THIS SITE OWNERSHIP OF WEBSITE MATERIALS Unless otherwise noted, all materials on this website, including images, illustrations, fonts, designs, icons, photographs, video clips, sounds, software, links, written and other materials that are part of this website (the "Materials") are owned, and/or licensed by ALL-STATE. The Materials on this website are protected by copyright, trademark and other intellectual property laws, and any unauthorized use may violate these laws. ALL-STATE's copyrights, trademarks, service marks, and trade names are owned by ALL-STATE International, Inc. No title or intellectual property rights are transferred to you or any third party through the use of or access to this website. LICENSE AND RESTRICTIONS ON USE OF MATERIALS You may browse the website and use the website user features (e.g., stationary and business card template software) for personal purposes and information only. You may use the templates on this website to develop your own personalized stationary and business cards for use within your own firm only. You may distribute any PDF files that you create within your own firm for purposes of retaining electronic backups of your work. Otherwise, you may not distribute, modify, transmit or revise the contents of the website; and no part of the Materials contained in this Site may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without the prior written approval of ALL-STATE. However, you may download Materials from the website and use the website user features to create files containing your data inputs (e.g., PDF files embodying your stationary and business card information) where specifically permitted, provided you keep all copyright and other proprietary notices intact. Under the Terms, you are granted a limited license subject to the restrictions that you may not: (a) except as specifically permitted on the website, modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity; or (e) use any of the Materials on any other website or networked computer environment. NO WARRANTY THE MATERIALS MADE AVAILABLE IN THIS SITE, INCLUDING MATERIALS IN LINKED SITES, DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Neither ALL-STATE nor its business partners warrant the accuracy or completeness of the information contained within the Materials. ALL-STATE may make changes to the Materials and the website at any time without notice, however ALL-STATE makes no commitment to update the Materials or the website. Neither ALL-STATE nor its third-party suppliers or service providers warrant that the website or associated server computers are free of viruses or other harmful components. You solely (and not ALL-STATE) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the website. The materials that can be accessed from linked sites are not maintained by ALL-STATE and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name, does not constitute or imply its endorsement by us, and you assume all risk. UNDER NO CIRCUMSTANCES SHALL ALL-STATE LEGAL, OR ITS ALLIANCES, BUSINESS PARTNERS, AFFILIATES, AGENTS, AND SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OF THIS WEBSITE, OR THE INABILITY TO USE THE MATERIALS AVAILABLE IN THIS WEBSITE OR ANY LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF. ALL TRADEMARKS, SERVICE MARKS, AND TRADE NAMES IN THIS WEBSITE ARE THE MARKS OF THE RESPECTIVE OWNER(S), AND ANY UNAUTHORIZED USE THEREOF IS STRICTLY PROHIBITED. USER SUBMISSIONS. Except as otherwise specified in our Privacy Statement and excluding information that you provide in preparing your own personal stationery templates, any information, communications or Materials that you post or transmit to any public area of the website (e.g. public chat rooms, discussion groups, etc.) ("Communications"), or responding to a request for such Communications from ALL-STATE will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of ALL-STATE. By transmitting or posting any Communications on the website, you grant to ALL-STATE or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. ALL-STATE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation. USER REPRESENTATIONS
You will indemnify and hold harmless ALL-STATE against any and all judgments, settlements, penalties, costs and expenses (including attorneys' and expert fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications. OTHER These Terms shall be governed in accordance with the laws of the State of New Jersey, U.S.A., excluding its conflict of laws provisions. Any lawsuits arising from your relationship with ALL-STATE or your use of this website shall be resolved exclusively in the state or federal courts located in the State of New Jersey, and you consent to the exclusive jurisdiction of those courts. All disputes arising from or related to your use of this website shall be settled in accordance with the following procedures. The party seeking to make a claim shall send to the other party hereto detailed written notice of such claim. The written notice can be sent electronically. If the parties hereto cannot settle the matter within 60 days of receipt of such notice, then the parties shall submit the claim to binding arbitration with the American Arbitration Association ("AAA"). Except as otherwise set forth in this section, the arbitration shall be conducted pursuant to the rules of the AAA. The decision of the arbitrator shall be binding upon all parties and may be reduced to a judgment or decree in a court of competent jurisdiction, if and only if the arbitrator's decision is in writing and presents detailed conclusions of fact and law. Either party to the arbitration may appeal any finding of law (but not of fact) to a court of competent jurisdiction. Unless otherwise specified herein, each party shall bear its own costs and expenses in connection with arbitration regardless of which party prevails; but each party shall pay one-half the costs and expenses of the AAA and the arbitrator. The arbitrator shall not have the authority to award punitive damages. The failure of ALL-STATE to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. You may not assign your rights or delegate your duties under these Terms. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the website will in any event remain valid and enforceable. U.S. GOVERNMENT RESTRICTED RIGHTS. The Materials are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure of the Materials by the U.S. Government and parties acting on its behalf is governed by, and subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Use of the Materials by the Government constitutes acknowledgment of ALL-STATE's proprietary rights in them. |