Secure Access and Passwords
Some services or areas of the Site may require you to enter a username and password. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Archive Management Systems of any unauthorized use of your password. Archive Management Systems reserve the right to refuse providing Services or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
Your Use of the Content
Archive Management Systems Property
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions or suggestions, such communications or materials are, and will be treated as, non-confidential and non-propriety. You will not claim that any use of such communications or materials by Archive Management Systems violates your rights, including moral rights, privacy rights, proprietary or other property right. Any materials submitted by you to the Site may be adapted, broadcast, changed, copies, disclosed, licensed, performed, posted, published or sold by Archive Management Systems. Archive Management Systems may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send or feedback you provide to Archive Management Systems.
You agree not to do any of the following while using the Site, Content or Services:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
Access, tamper with, or use non-public areas of the Site, Archive Management Systems’s computer systems, or the technical delivery systems of Archive Management Systems’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Archive Management Systems or other generally available third party web browsers;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services; or Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.
You agree to defend and hold Archive Management Systems and its directors, officers, employees, consultants or agents (“Affiliates”) harmless from and against any and all claims, judgements, damages, losses, costs, expenses, obligations, liabilities (including reasonable legal fees and costs) resulting from any breach of this Agreement.
Limitation of Liability
IN NO EVENT SHALL ARCHIVE MANAGEMENT SYSTEMS BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (i) THE DEFICIENCY OR INADEQUACY OF THE TRADEMARKS OR ARCHIVE MANAGEMENT SYSTEMS SERVICES FOR ANY PURPOSE WHETHER OR NOT KNOWN OR DISCLOSED TO YOU; (ii) USE OF THE TRADEMARKS OR THE AVAILABILITY OF THE ARCHIVE MANAGEMENT SYSTEMS SERVICES; OR (iii) THE ACCURACY OF THE TRADEMARKS OR ERROR-FREE OPERATION OF THE ARCHIVE MANAGEMENT SYSTEMS SERVICES. ARCHIVE MANAGEMENT SYSTEMS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IRRESPECTIVE OF WHETHER ARCHIVE MANAGEMENT SYSTEMS HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. ARCHIVE MANAGEMENT SYSTEMS’S LIABILITY FOR CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE USER TO ARCHIVE MANAGEMENT SYSTEMS IN THE PAST 12 MONTHS.
In the event that any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, that provision shall be construed so as to give closest effect to the intent of the parties, and the remaining portions of this Agreement shall remain in full force and effect.
The failure by Archive Management Systems to enforce any section of this Agreement shall not be construed as a waiver of such provisions or of the right to enforce that, or any other, provision of this Agreement. No waiver will be construed as a continuing waiver.
Applicable Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of England.
This Agreement represents the sole and exclusive Agreement between you and Archive Management Systems regarding the subject matter of this Agreement. The parties may amend this Agreement at any time via a written instrument signed by both of them.