ACCEPTANCE OF TERMS
The following Terms and Conditions apply whenever you access the web
site (the "Site"). This web site is provided to you ("you") by Chase Com, Inc.
("Chase Com, Inc."). Your use of the Site is governed by these Terms and Conditions of use.
These Terms and Conditions of Use include any updates to the site by Chase Com, Inc. and any
new guidelines or rules posted to the Site, if any ("Terms and
Conditions"). You can review the most current version of the Terms and
Conditions at any time at and selecting the
Terms and Conditions link. Also note that the collection and giving out
of information is subject to Chase Com, Incs Privacy Statement, which
may be viewed at any time by clicking on the Privacy Policy link at the
bottom of the Web pages.
By using , a Chase Com, Inc. Site, you agree to be bound by the following Terms and
Conditions. This is a legally binding agreement. Before using
our services, you must read the Terms and Conditions carefully. If you
are unable to agree to them, then you must not use the website.
If you agree to them you will required to click the "I accept" checkbox during
registration process.
This Site and the Services provided are controlled and operated by Chase Com, Inc. from
its offices in California in the United States. Chase Com, Inc. makes no
representations that any information, offerings or Services provided
through the Site are available for use outside the United
States.
COMPANY INFORMATION
The Site includes information about Chase Com, Inc., its products and its
services and allows you to purchase those products and/or services through
an online account. Collectively, the information, the ability to purchase products or
services and other software features on the Site are referred to in this document
as the "Services." Chase Com, Inc. may alter or terminate the Site or Services
in whole or in part at any time at its sole discretion.
Chase Com, Inc. reserves the right to modify or suspend your access to the Site
or the Services at any time without notice to you.
Chase Com, Inc. shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site or Services.
Chase Com, Inc. also reserves the right to refuse to offer
the Services to anyone at any time without prior notice.
To use the Site and Services, you will need access to the World Wide Web,
and you must pay any fees associated with your use of such access and the
Services you obtain. You will also need equipment and a modem or another
access device. Chase Com, Inc. currently uses SSL technology on some Site
pages to help protect information that passes over the Internet. You must
have certain browser capabilities to take advantage of this encryption
technology.
REGISTRATION REQUIREMENTS
To purchase products or services from Chase Com, Inc., you must register
and create an account on the site, .
You are required to provide your name, phone number and e-mail address.
You will also be required to provide your credit card billing address and credit card
information, if you are paying by credit card.
If paying by invoice we will require your mailing address, name and phone number of the
person responsible for paying invoices. You must contact us in advance to secure
approval for invoicing.
After submitting this information, you will have created an account which includes
a login ID and password. You agree
that you are responsible for the security of your password and for any activity that
occurs as a result of you enabling or permitting someone else to use your password.
You agree to immediately notify Chase Com, Inc. by one of the methods listed
below in the event that (i) your password is lost or stolen, or
(ii) you become aware of any unauthorized use of your account or of any other
breach of security that might affect the Services. Chase Com, Inc. is not
responsible for any loss or damage arising from your failure to comply with
the security provisions of this section.
SERVICES OFFERED
The following descriptions of the Services we provide are intended as
general information may not be complete descriptions of all the
terms, conditions and exclusions applicable to the services
offered by Chase Com, Inc.. You assume all responsibility and risk for
your use of the information provided on the Site. It is your
responsibility to evaluate the accuracy, completeness and usefulness of all
information provided on the Site.
All products and services described in these pages are provided subject to
applicable tariffs and any accompanying terms and conditions, which may be
obtained from Chase Com, Inc.. If you purchase any products or services
from Chase Com, Inc., you understand that such purchase is subject to Chase Com, Incs
standard terms and conditions.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS OR SERVICES OFFERED BY CHASE COM, INC. ARE PROVIDED SUBJECT
TO CHASE COM, INCS TERMS AND CONDITIONS. CHASE COM, INC.
OFFERS NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED OR
OBTAINED THROUGH YOUR USE OF THE SITE. INFORMATION PROVIDED ON THE SITE MAY
NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION
BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE
SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHASE COM INC.
DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THERE ARE SOME STATES THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHASE COM, INC.
MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR
WILL BE UNINTERRUPTED, SECURE, UP TO DATE, ACCURATE, COMPLETE OR
ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR
SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR
DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR
SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
EXCLUSIONS AND LIMITATION OF LIABILITY SECURITY MEASURES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHASE COM, INC. SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CHASE COM INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING
FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF
PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY
PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO
OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK
PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE
SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES
HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR
SERVICES. IN NO EVENT SHALL CHASE COM, INCS LIABILITY TO YOU RELATING TO
YOUR USE OF THE SITE AND/OR SERVICES EXCEED "100" Dollars.
Payment/Billing
By providing Chase Com, Inc. with your credit card information, you are
authorizing Chase Com, Inc. to bill your credit card for services provided.
Chase Com, Inc. will automatically bill your credit card for each audio or
web conference call at the rate posted for your account
on the Account Manager pages of the Site.
You may cancel at any time either via the web sites cancellation pages,
or by e-mailing a notice to:
In the event of a
price change, we will provide you with advanced notice. International rates
often change without notice. Any features or upgrades to our Services will be
provided to you on terms and prices generally available to the public or as
otherwise agreed by us in writing. All fees, billing and payment will be in
United States dollars only. All payments hereunder are exclusive of all
taxes. You agree to pay any taxes, whether federal, state, local, municipal
and usage fee that may be imposed upon or with respect to the Services
performed hereunder, exclusive of taxes on Chase Com, Inc"'"s net income. A
monthly surcharge may apply to all accounts not paid by automatic credit
card billing.
CONDUCT ON THE SITE
You agree to not use the Site to:
Interfere with or disrupt the Site, the hardware, software or networks
connected to the Site, or any other users of the Site;
Impersonate any person or entity, falsely state or otherwise misrepresent
your affiliation with a person or entity, or forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the Site;
Upload, post, e-mail or otherwise transmit any content (i) that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another"'"s privacy, hateful, or racially,
ethnically or otherwise objectionable; (ii) that you do not have a right to
transmit under any law or under contractual or fiduciary relationships;
(iii) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party; (iv) that includes any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of unsolicited marketing; or
(v) that contains software viruses or similar harmful components or
routines;
Use the Site for or offer any information on the Site to any third party or
use or exploit any portion of the Site to provide any commercial services to
third parties;
Use the Site in violation of any applicable local, state, national or
international law or regulation; or
Reference any e-mail accounts provided as part of the Site in any e-mail or
online posting which violates these Terms and Conditions.
USE BY CHILDREN
Chase Com, Inc. does not solicit the use of the Site by minors. However,
Chase Com, Inc. cannot prevent such use and cannot prevent minors from
visiting the Site. Parents, guardians and those responsible for supervising
minors are solely responsible for determining what materials are suitable
for such children to view.
Chase Com, Inc. requires that use of this Site be made either by: (a)
individuals "18" years old or older; or (b) individuals under "18" years of age
under the direct supervision of a parent, guardian or other responsible
individual with such parent, guardian or other responsible individual"'"s
verifiable permission for such use, including the collection by Chase Com Inc.
of certain information in accordance with these Terms and Conditions.
EACH TIME YOU USE THE SITE, YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) "18"
YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THIS SITE UNDER THE
SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR
OTHER RESPONSIBLE INDIVIDUAL FOR SUCH USE AND FOR THE COLLECTION OF CERTAIN
INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE.
INTELLECTUAL PROPERTY AND COPYRIGHT INFORMATION
All content included on the Site, including, without limitation, all text,
graphics, logos, button icons, images, audio clips, and software ("Content")
and the compilation of the Content, is the property of Chase Com, Inc. or
its content suppliers and protected by U.S. and international copyright
laws. Any reproduction, modification, distribution, transmission,
republication, display, or performance, of the Content on the Site is
strictly prohibited. Chase Com, Inc. reserves all other rights.
Certain Content is reprinted with the permission of the authors or other
owners of the copyright in such Content ("Third Party Content"). The ideas
and concepts in any Third Party Content are solely those of the respective
authors and not of Chase Com, Inc.. Chase Com, Inc. does not endorse,
warrant, guarantee or otherwise certify any Third Party Content in any
application or usage.
LINKS
The Services may include links to other World Wide Web sites ("Linked
Sites"). You acknowledge and agree that such links are provided for your
convenience and do not reflect any endorsement by Chase Com, Inc. with
respect to the providers of the Linked Sites or the quality, reliability or
any other characteristic or feature of the Linked Sites and Chase Com, Inc.
is not responsible in any manner (including without limitation
with respect to any loss or injury you suffer) for any matter associated
with the Linked Sites, including without limitation, the content provided on
or through the Linked Sites or your reliance thereon. Chase Com, Inc.
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITES:
YOUR USE OF ANY LINKED SITES IS SOLELY AT YOUR OWN RISK. In addition, you
should be aware that your use of the Linked Sites is subject to the terms
and conditions applicable to that site.
INDEMNITY
You agree to hold harmless and indemnify Chase Com, Inc. and its
affiliates, and each of its officers, directors, and employees from and
against any and all third party claims, demands, proceedings and any losses,
liabilities, damages, costs, payments and expenses, including reasonable
attorneys"'" fees, costs and expenses arising out of, directly or indirectly,
your use of the Site or Services including, without limitation (a) any
Content thereon, and (b) any use of the Site or Services that violates the
Terms and Conditions.
"SAFE HARBOR" STATEMENT
Under the Private Securities Litigation Reform Act of 1995, certain
statements contained herein are forward looking statements that involve
risks and uncertainties. These risks include, but are not limited to,
product demand and market acceptance risks, the impact of competitive
products and technologies, competitive pricing pressures, product
development, excess and obsolete inventory due to new product development,
commercialization and technological delays or difficulties, the effect of
Chase Com, Inc."'"s accounting policies, the effect of economic conditions
and trade, legal, social, and economic risks (such as import, licensing and
trade restrictions). Chase Com, Inc. undertakes no obligation to release
publicly the result of any revisions to these forward looking statements
that may be made to reflect events or circumstances after the date hereof or
to reflect the occurrence of unanticipated event.
JURISDICTION AND VENUE
You and Chase Com, Inc. agree that this Agreement and the relationship
between you and Chase Com, Inc. will be governed by the laws of the State
of California, without respect to its conflict of laws provisions and that
venue with respect to any dispute between you and Chase Com, Inc. will
rest exclusively in the courts of Santa Barbara County and the federal court for the
Western Division of the Central District of California.
PRACTICES REGARDING INFORMATION STORAGE
You understand and agree that Chase Com, Inc. shall have no liability for
the deletion or failure to store any information, content or data
transmitted using the Site. You agree that Chase Com, Inc. may gather
system data, which may include data regarding memory usage, navigation,
screen resolution, color palettes, connection speed, efficiency and the
like.
MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between you and
Chase Com, Inc. and govern your use of the Site and Services. There is no
agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between you and Chase Com, Inc. You
also may be subject to additional terms and conditions that may apply when
you use third party content or services available through the Site or
Services. If any provision of the Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of the
Terms and Conditions, which shall remain in full force and effect. The
failure of Chase Com, Inc. to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver of such right or
condition. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to the Site, Services
or the Terms and Conditions must be filed within one year after such claim
or cause of action arose. The section titles of the Terms and Conditions are
merely for convenience and will not have any effect on the substantive
meaning of this Agreement.
Chase Com, Inc.
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