As of January1, 2008
This Subscriber Agreement applies to Anderson Business Advisors, PLLC ("Anderson") subscription website (the "Anderson Subscription Site"), www.andersonadvisors.com.
REGISTRATION: Welcome! To ensure that you enjoy the highest standards of quality and service during your visits to the Anderson Subscription Site, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which you are expected to adhere.
1.1 This "Subscriber Agreement" constitutes your agreement with Anderson with respect to your use of the Anderson Subscription Site. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized subscriber of the Anderson Subscription Site.
1.2 To indicate agreement with the terms and conditions of this Subscriber Agreement, you must click the "Click Here to Join" button at the end of this Subscriber Agreement. You will not be allowed to register before clicking that button. Feel free to read and reread this Subscriber Agreement as often as you want before clicking the "Click Here to Join" button. If you do not wish to agree to these terms and conditions, do not click the "Click Here to Join" button (you understand that you will not be subscribed to the Anderson Subscription Site and will have no right to access such Anderson Subscription Site unless you agree with the terms of this Subscriber Agreement). Anderson reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Occasionally Anderson may ask you to accept the terms of such changes to continue using the Anderson Subscription Site.
1.3 IF THIS SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION BY REQUESTING AN ORDER CANCELLATION BY CALLING ANDERSON BUSINESS ADVISORS AT 1-800-706-4741 (SEE SECTION 9 REGARDING ANDERSONADVISORS.COM TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE ANDERSON SUBSCRIPTION SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 Anderson may change, suspend or discontinue any aspect of the Anderson Subscription Site at any time, including the availability of any feature, database or content. Playboy may also impose limits on certain features and services or restrict your access to parts or all of the Anderson Subscription Site without notice or liability.
2.1 The contents of the Anderson Subscription Site are intended for the personal, noncommercial use of its registered subscribers. All materials published on the Anderson Subscription Site (including, but not limited to news articles, forms, agreements, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and other intellectual property laws, and are owned, or controlled by, or licensed to Anderson or the party credited as the provider of the Content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Anderson Subscription Site.
2.2 The Anderson Subscription Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Anderson Subscription Site in whole or in part.
2.3 Copying or storing of any Content for any purpose other than personal, noncommercial use is expressly prohibited without the prior written permission from Anderson, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
2.4 If you believe that any Content appearing on the Anderson Subscription Site has been used on such Anderson Subscription Site in a manner that constitutes copyright infringement, please provide Anderson with a written notice (email is sufficient) that includes the following information:
Our office for notice of claims of copyright infringement on the Anderson Subscription Site is: By postal mail: Anderson Business Advisors 20819 72nd Ave. S. #110 Kent, WA 98032. By telephone: (800) 706-4741. By fax: (253) 253-0003.
3.1 You shall not upload to, or distribute or otherwise publish through the Anderson Subscription Site any Content that is libelous, defamatory, obscene or otherwise violates any law or the rights of third parties. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within the Anderson Subscription Site, where provided, are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Anderson does not endorse the opinions placed on these bulletin boards. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Anderson.
3.2 The Forums shall be used by you solely in a noncommercial manner. You shall not, without the express approval of Anderson distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services on the Anderson Subscription Site.
3.3 While Anderson does not and cannot review every message posted by subscribers in the Forums and is not responsible for any content of these messages, Anderson reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of their messages.
4.1 The Anderson Subscription Site contains links to other related World Wide Web Internet sites, resources and sponsors of Anderson. Selection of an ad banner or link will redirect you off of the Anderson Subscription Site to a third party website. Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of Anderson. Because Anderson is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your subscriber account or Anderson's use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold Anderson, its affiliates and the officers, directors, owners, agents, employees, shareholders, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Anderson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5.2 Anderson neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Anderson Subscription Site by any subscriber, information provider or any other person or entity. THE ANDERSON SUBSCRIPTION SITE, THE ACCESS SOFTWARE, IF ANY, (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY ANDERSON OR THIRD PARTIES THROUGH THE ANDERSON SUBSCRIPTION SITE ARE PROVIDED "AS IS." ANDERSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE ANDERSON SUBSCRIPTION SITE. ANDERSON SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE ANDERSON SUBSCRIPTION SITE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY ANDERSON OR THIRD PARTIES THROUGH THE ANDERSON SUBSCRIPTION SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANDERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 You hereby acknowledge that your use of the Anderson Subscription Site is at your sole risk.
6.1 As part of the registration process, you will select a password and user name ("Anderson ID"). You shall provide Anderson with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Subscriber Agreement, which may result in immediate termination of your account. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than yourself without authorization; or (iii) use a screen name that Anderson, in its sole discretion, deems offensive.
6.2 (a) You shall notify Anderson of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. (b) You shall be solely responsible for maintaining the confidentiality of your password.
6.3 You must be 18 years or older to subscribe to the Anderson Subscription Site.
6.4 You are responsible for all usage or activity on your account to the Anderson Subscription Site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Anderson's sole discretion, and you may be referred to appropriate law enforcement agencies.
7.1 Anderson reserves the right at any time to charge fees or change the price for access to the Anderson Subscription Site. In the event that Anderson so elects, it shall post notice in the Legal Area. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Anderson Subscription Site by Anderson or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by Anderson. Subscription fees are not refundable in whole or in part, even in the event your account is terminated. In the event of termination, your account will remain active through the end of the subscription term. You shall pay all applicable taxes relating to use of the Anderson Subscription Site through your account. Your right to use the Anderson Subscription Site is subject to any limits established by Anderson in its sole discretion.
7.2 You understand that, unless otherwise specifically noted on the registration page at the time of your registration to the Anderson Subscription Site, your subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 9. Termination).
8.1 If any proprietary software and related documentation, or any enhancements or modifications thereto, are provided to you for access to the Anderson Subscription Site ("Access Software"), you shall have no rights to the provided Access Software. You may not sublicense, assign or transfer any licenses granted by Anderson and any attempt at such sublicense, assignment or transfer is void. You may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
9.1 You may terminate your account at any time by requesting a cancellation by calling Anderson at 1-800-706-4741. You will retain access through the duration of their subscription term. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you.
9.2 Anderson may, in its sole discretion, terminate or suspend your access to the Anderson Subscription Site for any reason, including, without limitation, any breach by you of this Subscriber Agreement, or assignment of this Subscriber Agreement by you.
9.3 You acknowledge that site administrators have the right to terminate your membership without notice for any user who restricts, inhibits or disrupts the Anderson Subscription Site event or attempts to alter or improperly access any feature or function of the Anderson Subscription Site. Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Anderson Subscription Site or Anderson employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of Anderson activities; post unsolicited advertising; or impersonate a Anderson employee or other individual.
10.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Washington law. Any action to enforce or in connection with this Subscriber Agreement shall be brought in the federal or state courts located in the Western District of Washington.
10.2 Official correspondence must be sent via postal mail to:
Anderson Business Advisors, PLLC
Attention: Anderson Site Manager
20819 72nd Ave. S. #110
Kent, WA 98032
10.3 You consent to the personal jurisdiction of Washington State and Federal Courts.
11.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.