"ncr-rea.org" is the site operated by NCR REA, Inc. ("NCR REA") on the World Wide Web of the Internet, consisting of information services and content provided by NCR REA, affiliates of NCR REA and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of ncr-rea.org.
(A) This Agreement, which incorporates by reference other provisions applicable to use of ncr-rea.org, sets forth the terms and conditions that apply to use of ncr-rea.org by Subscriber. By using ncr-rea.org (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use ncr-rea.org is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) NCR REA shall have the right at any time to change or discontinue any aspect or feature of ncr- rea.org, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
NCR REA shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of ncr-rea.org, or any part thereof, or to impose new conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ncr-rea.org, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of ncr-rea.org by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of ncr-rea.org and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use ncr-rea.org for lawful purposes only. Subscriber shall not post or transmit through ncr-rea.org any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NCR REA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that, in NCR REA's discretion, restricts or inhibits any other Subscriber from using or enjoying ncr-rea.org will not be permitted. Subscriber shall not use ncr-rea.org to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ncr-rea.org.
(B) ncr-rea.org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ncr-rea.org are copyrighted as a collective work under the United States copyright laws. NCR REA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NCR REA and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post, or otherwise make available on ncr-rea.org any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ncr-rea.org, Subscriber automatically grants, or warrants that the owner of such material has expressly granted NCR REA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store, or reproduce the material for that Subscriber's personal use. Subscriber hereby grants NCR REA the right to edit, copy, publish, and distribute any material made available on ncr-rea.org by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of NCR REA, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF ncr-rea.org IS AT SUBSCRIBER'S SOLE RISK. NEITHER NCR REA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT ncr-rea.org WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ncr-rea.org, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ncr-rea.org.
(B) ncr-rea.org IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT NCR REA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL NCR REA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ncr-rea.org BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ncr-rea.org. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ncr-rea.org.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, NCR REA, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ncr- rea.org, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, OR CONSEQUENTIAL DAMAGES. NEITHER, NCR REA, NOR ITS AFFILIATES, INFORMATION PROVIDERS, NOR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
NCR REA shall have the right, but not the obligation, to monitor the content of ncr-rea.org to determine compliance with this Agreement and any operating rules established by NCR REA and to satisfy any law, regulation, or authorized government request. NCR REA shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on ncr-rea.org. Without limiting the foregoing, NCR REA shall have the right to remove any material that NCR REA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify, and hold harmless NCR REA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ncr-rea.org by Subscriber or Subscriber's Account.
Either NCR REA or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, NCR REA shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which NCR REA, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
NCR REA, ncr-rea.org, and NCR REA Newsletter and each of their logos are trademarks of NCR REA, Inc. All rights reserved. All other trademarks appearing on ncr-rea.org are the property of their respective owners.
11. Third Party Content.
NCR REA is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, NCR RE A has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers, or any other user of ncr-rea.org, are those of the respective author(s) or distributor(s) and not of NCR REA. Neither NCR REA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through ncr-rea.org represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with NCR REA. NCR REA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ncr-rea.org by anyone other than authorized NCR REA spokespersons while acting in their official capacities. Under no circumstances will NCR REA be liable for any loss or damage caused by a Subscriber's reliance on information obtained through ncr-rea.org. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through ncr-rea.org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
This Agreement and any operating rules for ncr-rea.org established by NCR REA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
NCR REA respects the rights of all copyright holders and in this regard, NCR REA has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NCR REA