Terms & Conditions
Last Updated: September 17, 2019
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR
USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND
GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in
any way the terms or conditions of any other agreement you may have with Ansira Partners, Inc. ("Ansira") and/or its client
("Client") or their respective parent companies, subsidiaries or affiliates. By using this Site, you represent and warrant
that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any
entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and
that such entity agrees to indemnify Ansira and Client for violations of these Site Terms.
Maintenance Schedule
The up-to-date maintenance schedule indicating scheduled outages for the Site can be viewed here:
Maintenance and Patching
Schedule
Ownership of the Site and its Contents
This Site is owned and operated by Ansira. Unless otherwise indicated, all of
the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images,
moving images, sound, illustrations, software, and the selection and arrangement thereof, is owned by Ansira, its affiliated
companies, its clients, its licensors, or its third-party image partners.
All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to
the protection of intellectual property.
This Site and its content are intended for facilitating the marketing and advertising of Client products. You may not
use this Site or its content for any purpose not related to your business with Client. You are specifically prohibited
from:
a.
using any data mining, robots or similar data gathering or extraction methods;
b.
manipulating or otherwise displaying the Site or its content by using framing or similar navigational technology;
c.
registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Ansira or
Client product or service if you are not expressly authorized by such party to do so; and
d.
using the Site or its content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and
trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including,
without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported
from the United States or the country in which you reside.
Use of the Site
You are responsible for making sure individual ads adhere to all Client Advertising Guidelines. You are
strongly encouraged to submit all advertising materials, including customizable templates, to the Advertising Consulting
Center for pre-approval. Current guidelines can be downloaded from the Client Toolbox website.
Links
Neither Ansira nor Client make any claim or representation regarding, and accept no responsibility for,
directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the
Site, or websites linking to the Site. Such sites are not under the control of Ansira or Client and neither Ansira nor Client
is responsible for the contents of any linked third party site or any link contained in a linked site, or any review, changes
or updates to such third party sites. Ansira and Client provide these links to you only as a convenience, and the inclusion
of any link does not imply affiliation, endorsement or adoption by Ansira or Client of any site or any information contained
therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the
Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding
the 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 third party. You agree that neither Ansira nor Client shall be
responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat
rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third
parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas").
You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive
Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the
following:
a.
Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that
is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate any local, state, national or international law, including,
without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such
as the New York Stock Exchange, or the NASDAQ;
c.
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract
right of any party;
d.
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e.
Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or
solicitations;
f.
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social
security numbers and credit card numbers;
g.
Viruses, corrupted data or other harmful, disruptive or destructive files; and
h.
User Content that, in the sole judgment of Ansira or Client, is objectionable or which restricts or inhibits any other person
from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to
other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or
which may expose Ansira or Client or its users to any harm or liability of any type. Further, you agree not to delete or
revise any User Content posted by any third party. Ansira and Client take no responsibility and assume no liability for any
User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Ansira or Client
liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may
encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, neither Ansira nor
Client are liable for any statements, representations or User Content provided by its users in any public forum, personal
home page or other Interactive Area. Although Ansira and Client have no obligation to screen, edit or monitor any of the User
Content posted in any Interactive Area, Ansira and Client reserve the right, and have absolute discretion, to remove, screen
or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely
responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and
expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site
Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the
Site. You acknowledge and agree that Ansira and Client may access, use or disclose any information about you or your use of
this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the
rights or property of Ansira and Client; or to protect the safety of our company, employees, customers or the public.
By posting any User Content, you represent and warrant that you have the lawful right to transmit,
distribute and reproduce such User Content If you post User Content to the Site, unless we indicate otherwise, you grant
Ansira and Client and their respective affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such User Content throughout the world in any media. You grant Ansira and Client and their respective affiliates
and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and
warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to
post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User
Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or
entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to:
a.
provide accurate, current and complete information about you as may be prompted by any registration forms on the Site
("Registration Data");
b.
maintain and promptly update the Registration Data, and any other information you provide to Ansira, to keep it accurate,
current and complete;
c.
maintain the security of your password and identification;
d.
notify Ansira immediately of any unauthorized use of your account or other breach of security;
e.
accept all responsibility for any and all activities that occur under your account; and
f.
accept all risks of unauthorized access to the Registration Data and any other information you provide to Ansira.
Indemnification
You agree to defend, indemnify and hold harmless Ansira and Client, and their respective subsidiaries,
parent companies, affiliates, licensors, employees, agents, third party information providers and independent contractors
against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees)
arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your
conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or
warranty contained herein, your unauthorized use of the content, or your violation of any rights of another.
Disclaimer
This site and its content are provided "as is" and both Ansira and Client and their respective
directors, employees, clients, content providers, agents and affiliates exclude, to the fullest extent permitted by
applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability,
satisfactory quality, or fitness for a particular purpose. Ansira and Client will not be liable for any damages of any kind
arising from the use of this Site or its content, or unavailability of the same, including, but not limited to, lost profits,
and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this
Site are not warranted to be uninterrupted or without error. You assume the entire cost of all necessary servicing, repair or
correction due to your use of this Site or its content. We make no warranty that the Site or its content is free from
infection by viruses or anything else that has contaminating or destructive properties. Ansira uses reasonable efforts to
ensure the accuracy, correctness and reliability of the Site content, but we make no representations or warranties as to the
content's accuracy, correctness or reliability. Ansira offers a search feature within the Site. Ansira and Client explicitly
disclaim any responsibility for the content or availability of information contained in our search index or directory. Ansira
also disclaims any responsibility for the completeness or accuracy of any directory or search result. Some US states and
foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of
damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded
by state or national provisions.
Limitation of Liability
In no event shall Ansira or Client or their respective parent companies, subsidiaries, or affiliates, or
their respective directors, members, employees or agents be liable for any direct, special, indirect or consequential
damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data,
whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way
connected with the use of the Site, the services, the content, or the materials contained in or accessed through the Site,
including without limitation any damages caused by or resulting from reliance by user on any information obtained from Ansira
or Client, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses,
delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications
failure, theft, destruction or unauthorized access to Ansira or Client records, programs or services. In no event shall the
aggregate liability of Ansira or Client, whether in contract, warranty, tort (including negligence, whether active, passive
or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed
any compensation you pay, if any, to Ansira or Client for access to or use of this Site or its content.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or its content shall be submitted to
confidential arbitration in Missouri, except that, to the extent you have in any manner violated or threatened to violate
Ansira or Client intellectual property rights, Ansira and/or Client may seek injunctive or other appropriate relief in any
state or federal court in the State of Missouri, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American
Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Termination
Notwithstanding any of these Site Terms, Ansira and Client reserve the right, without notice and in its
sole discretion, to terminate your account and/or to block your use of the Site.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Ansira
and Client. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other
clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Ansira and Client reserve the right to change any of the terms and conditions contained in the Site
Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise
the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site.
Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage
you to review the Site Terms whenever you visit one of our websites.