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| Avaren.com
- Terms Of Use |
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Welcome to the website (the "website") of Avaren. ("Avaren"). On this website,
Avaren may make available to you a range of information,
software, products, downloads, documents, communications, files,
text, graphics, publications, content, tools, forums, resources,
and services.
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| PLEASE READ THE TERMS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and
using this website in any way, including, without limitation,
browsing the website, using any information, using any content,
using any services, downloading any materials, and/or placing an
order for products or services, you agree to and are bound by
the terms of use described in this document ("Terms of
Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS
WEBSITE IN ANY MANNER. The Terms of Use are entered into by and
between Avaren and you. If you are using the website on
behalf of your employer, you represent that you are authorized
to accept these Terms of Use on your employer's behalf.
Avaren reserves the right, at Avaren's sole
discretion, to change, modify, update, add, or remove portions
of the Terms of Use at any time without notice to you. Please
check these Terms of Use for changes. Your continued use of this
website following the posting of changes to the Terms of Use
will mean you accept those changes.
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All materials contained in the website are the copyrighted
property of Avaren, its subsidiaries, affiliated companies
and/or third-party licensors. All trademarks, service marks, and
trade names are proprietary to Avaren, or its subsidiaries
or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on
this website are for your personal and non-commercial use, and
you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or
services obtained from the website without the written
permission from Avaren.
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| Avaren respects
your desire for privacy. Avaren's Privacy Policy can be
found at www.Avaren.com/privacy.html.
By using the website, you are consenting to the processing of
your data by Avaren and consenting to the terms of our
Privacy Policy. |
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Except as expressly prohibited on this website, you are
permitted to view, copy, print and distribute publications and
documents within this website (such as FAQs, white papers,
datasheets, press releases and so on), subject to your agreement
that: a) your use of the information is for informational,
personal, and non-commercial purposes only, b) you will not
modify the documents, publications or graphics, c) you will not
copy or distribute graphics separate from their accompanying
text and you will not quote materials out of their context, d)
you will display the below copyright notice and other
proprietary notices on every copy you make, and e) you agree
that Avaren may revoke this permission at any time and you
shall immediately stop your activities related to this
permission upon notice from Avaren. Use for any other
purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
The permission above to use documents and publications does
not include permission to copy the design elements, look and
feel, or layout of this website. Those elements of the website
are protected by law, such as trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from the
website may be copied or retransmitted unless expressly
permitted by Avaren.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, Avaren AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR
ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, Avaren AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL Avaren AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Avaren AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME WITHOUT NOTICE.
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION,
SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE
PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND
Avaren HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN
ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, Avaren
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET
ENJOYMENT. IN NO EVENT SHALL Avaren AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS
CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION
WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE
WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Avaren
ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR
ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER
REFERENCE.
Avaren MAY MAKE CHANGES TO THE WEBSITE, INFORMATION,
SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL
SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND
MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED
INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES
TO Avaren PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT
BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO
NOT IMPLY THAT Avaren INTENDS TO ANNOUNCE SUCH PRODUCTS,
PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL
Avaren BUSINESS CONTACT FOR INFORMATION REGARDING THE
PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT
UNDER THE CONTROL OF Avaren AND Avaren IS NOT
RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. Avaren IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Avaren
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY THAT Avaren ENDORSES OR
ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES.
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| If any of the
services on the website requires you to open an account, you
must complete the registration process by providing us with
true, current, complete and accurate information as prompted by
the applicable registration form, and you will maintain and
promptly update such information to keep it true, current,
complete and accurate. 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 Avaren immediately
of any unauthorized use of your account or any other breach of
security. Avaren 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 Avaren 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. You acknowledge
and agree that certain services may provide password-restricted
access to customer information such as names and certain terms
of your contracts. By using this website and registering for
such services, you consent to Avaren's display of such
information via the services and accept all risks of
unauthorized access to such information. If you provide any
information that is false, inaccurate, out of date, or
incomplete, or Avaren has reasonable grounds to suspect that
such information is false, inaccurate, not current, or
incomplete, Avaren may suspend or terminate your account and
refuse any and all current or future use of the services or any
portion thereof. You are responsible for all costs and charges,
including without limitation, phone charges and
telecommunications equipment, that you incur in order to use the
services. |
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| As a condition of
your use of the website, you will not use the website 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
Avaren server, or the network(s) connected to any Avaren
server, or interfere with any other party's use and enjoyment of
the website. You may not attempt to gain unauthorized access to
services, materials, other accounts, computer systems or
networks connected to any Avaren server or to the website,
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 website. |
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| The website may
contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars,
photo albums 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 or the website, you will not: |
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Use the Communication
Services or the website in connection with surveys,
contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages
(commercial or otherwise). |
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Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others. |
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Publish, post, upload,
distribute or disseminate any inappropriate, profane,
defamatory, obscene, obscene as to minors, child
pornography, racist, lewd, lascivious, filthy,
excessively violent, harassing, indecent, unlawful, or
otherwise objectionable topic, name, material or
information. |
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Upload, or otherwise make
available, files that contain images, photographs,
software or other material protected by intellectual
property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the
rights thereto or have received all necessary consent to
do the same. |
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Use any material or
information, including images or photographs, which are
made available through the website in any manner that
infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party. |
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Upload files that contain
viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other similar software or
programs that may damage the operation of another's
computer or property of another. |
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Advertise or offer to sell
or buy any goods or services for any business purpose,
unless such Communication Services specifically allows
such messages. |
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Download any file posted by
another user of a Communication Service that you know,
or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner. |
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Falsify or delete any
copyright management information, such as author
attributions, legal or other proper notices or
proprietary designations or labels of the origin or
source of software or other material contained in a file
that is uploaded. |
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Restrict or inhibit any
other user from using and enjoying the Communication
Services. |
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Violate any code of conduct
or other guidelines which may be applicable for any
particular Communication Service. |
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Harvest or otherwise
collect information about others, including e-mail
addresses. |
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Violate any applicable laws
or regulations. |
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Create a false identity for
the purpose of misleading others. |
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Use, download or otherwise
copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Communication
Services or other user or usage information or any
portion thereof. |
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Use any Avaren domain
name as a pseudonymous return email address for any
communications that you transmit from another location
or through another service. |
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Transmit unsolicited or
bulk communications to any Avaren account holder or
to any Avaren.com or affiliated email address
(regardless of whether you use the website to transmit
any such communication). |
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Disrupt the normal flow of
dialogue, cause a screen to "scroll" faster
than other users of the website are able to type, or
otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges. |
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Avaren has no obligation to monitor the Communication
Services. However, Avaren reserves the right to review
materials posted to the Communication Services and to remove
and/or edit any materials in its sole discretion. Avaren
reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any
reason whatsoever.
Avaren reserves the right at all times to disclose any
information as Avaren 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 Avaren's sole
discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any
Communication Services. Avaren does not control or endorse
the content, messages or information found in any Communication
Services and, therefore, Avaren 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 Avaren
spokespersons, and their views do not necessarily reflect those
of Avaren.
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| Avaren OR ANY OF
ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN Avaren's PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Avaren. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO Avaren OR ANYONE AT
Avaren. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR
IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
Avaren MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. |
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| You agree that
Avaren would be irreparably harmed by the use, by you or
others, of the website or facilities in connection with the
transmission of spam newsgroup postings or unsolicited e-mail in
violation of these Terms of Use, and that Avaren is entitled
to obtain injunctive relief against any such transmission (in
addition to all other remedies available at law or in equity).
Avaren reserves the right to block, filter or delete
unsolicited e-mail. |
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| You agree to
indemnify, defend and hold Avaren, and its subsidiaries,
affiliates, officers, agents, co-branders, partners, and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of your Submissions, your use of the website,
including any use by your employees, your connection to the
website, your violation of the Terms of Use, or your violation
of any rights of another. |
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| Avaren may run
advertisements and promotions from third parties on the website.
The manner, mode and extent of advertising by Avaren is
subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers other than
Avaren found on or through the website, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. Avaren
is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of
the presence of such non-Avaren advertisers on the website. |
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COPYRIGHT NOTICE: Copyright © 2002 Avaren, P.O. Box 155181
Ft. Worth, TX 76155 USA. All Rights
Reserved. Use, duplication, or disclosure by the United States
Government is subject to the restrictions set forth in DFARS
252.227-7013(c)(1)(ii) and FAR 52.227-19.
The names of actual
companies and products mentioned herein and/or third party
trademarks, trade names and logos contained herein may be the
trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos,
people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name,
e-mail address, logo, person, or event is intended or should be
inferred. Any rights not expressly granted herein are reserved.
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The Terms of Use constitute the entire agreement between you
and Avaren and govern your use of the website, superseding
any prior agreements between you and Avaren on the subject
matter (including, but not limited to, any prior versions of the
Terms of Use). Notwithstanding the prior provision, to the
extent, and only to the extent, that any terms set forth in this
Terms of Use expressly contradicts any terms of a prior written
agreement between you and Avaren in effect as of the date of
your use of the website and specifically regarding your use of
the website ("Executed Agreement"), such contradictory
terms set forth in the Executed Agreement shall govern. You also
may be subject to additional terms and conditions that may apply
when you use other Avaren services, third-party content or
third-party software. You must not assign or otherwise transfer
the Terms of Use nor any right granted hereunder.
Texas law and controlling U.S. federal law govern any
action related to the Terms of Use, without regard to the
principles of choice of law. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale of
Goods.
Avaren controls and operates this website from its
headquarters in the United States of
America and makes no representation that this website is
appropriate or available for use in other locations. If you use
this website from other locations, you are responsible for
compliance with applicable local laws including but not limited
to the export and import regulations of other countries.
You acknowledge and agree that material on this website is
subject to the U.S. Export Administration Laws and Regulations.
Diversion of such material contrary to U.S. law is prohibited.
You agree that none of the material on this website, nor any
direct product there from, is being or will be acquired for,
shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, nor be
used for nuclear activities, chemical biological weapons, or
missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export
Administration Regulations. Countries subject to U.S. embargo
are: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria,
Serbia and Sudan. This list is subject to change without further
notice from Avaren, and you must comply with the list as it
exists in fact. You certify that you are not on the U.S.
Department of Commerce's Denied Persons List or affiliated lists
or on the U.S. Department of Treasury's Specially Designated
Nationals List. You agree to comply strictly with all U.S.
export laws and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
The failure of Avaren to exercise or enforce any right or
provision of the Terms of Use does not constitute a waiver of
such right or provision. If a court of competent jurisdiction
finds any provision of the Terms of Use to be invalid, the
parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms of Use remain
in full force and effect. Regardless of any statute or law to
the contrary, any claim or cause of action arising out of or
related to use of the website or the Terms of Use must be filed
within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the Terms of Use are
for convenience only and have no legal or contractual effect.
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