| EOAT.COM
Forum
Terms of Use
Agreement
Updated: June
16, 2009
Updates marked in
red.
The EOAT.COM Forum is an
information portal and social networking service owned
and operated by >SAS< Automation, LLC in Xenia, OH. The
service allows registered users to create unique
personal profiles online and publish content in
discussion forums in order to find and communicate with
other Registered Users.
While EOAT.COM Forum is intended for the U.S. market, it
may be used by users from other locations through out
the world who are interested in this community. The
services offered by EOAT.COM Forum (">SAS< Automation,
LLC" or "we") include the EOAT.COM website (a ">SAS<
Automation, LLC Website"), the EOAT.COM Forum discussion
forum(s) (">SAS< Automation, LLC owned Forums"), and any
other features, content, or applications offered from
time to time by EOAT.COM Forum in connection with >SAS<
Automation, LLC Websites (collectively, the ">SAS<
Automation, LLC Website Network"). The >SAS< Automation,
LLC Website Network is hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the
legally binding terms for your use of the >SAS<
Automation, LLC Website Network. By using the >SAS<
Automation, LLC Website Network, you agree to be bound
by this Agreement, whether you are a "Visiting User"
(which means that you simply browse the >SAS<
Automation, LLC Websites) or you are a "Registered User"
(which means that you have registered with EOAT.COM
Forum). The term "User" refers to a Visiting User or a
Registered User.
You are only authorized to use the >SAS< Automation, LLC
Website Network (regardless of whether your access or
use is intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you
should leave the >SAS< Automation, LLC Websites and
discontinue use of the >SAS< Automation, LLC Website
Network immediately. If you wish to become a Registered
User, communicate with other Registered Users and make
use of the >SAS< Automation, LLC Website Network, you
must read this Agreement and indicate your acceptance
during the Registration process.
This Agreement includes EOAT.COM Forum's policy for
acceptable use of the >SAS< Automation, LLC Website
Network and Content posted on the >SAS< Automation, LLC
Websites, your rights, obligations and restrictions
regarding your use of the >SAS< Automation, LLC Website
Network and EOAT.COM Forum's Privacy Policy. In order to
participate in certain >SAS< Automation, LLC Website
Network, you may be notified that you are required to
download software or content and/or agree to additional
terms of condition. Unless otherwise provided by the
additional terms and conditions applicable to the >SAS<
Automation, LLC Website Network in which you choose to
participate, those additional terms are hereby
incorporated into this Agreement.
EOAT.COM Forum may modify this Agreement from time to
time and such modification shall be effective upon
posting by EOAT.COM Forum on the >SAS< Automation, LLC
Website (EOAT.COM). You agree to be bound to any changes
to this Agreement when you use the >SAS< Automation, LLC
Website Network after any such modification is posted.
It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on
EOAT.COM Forum and that you provide to other Users. Your
EOAT.COM Forum user profile may not include the
following items: telephone numbers, street addresses,
any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this
prohibition, information provided by other EOAT.COM
Forum Registered Users (for instance, in their Profile)
may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and
EOAT.COM Forum assumes no responsibility or liability
for this material. If you become aware of misuse of the
>SAS< Automation, LLC Website Network by any person,
please contact >SAS< Automation, LLC or click on the
"Report Inappropriate Content" link at the bottom of any
EOAT.COM Forum page.
EOAT.COM Forum reserves the right, in its sole
discretion, to reject, refuse to post or remove any
posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or
any part of the >SAS< Automation, LLC Website Network at
any time, for any or no reason, with or without prior
notice, and without liability. >SAS< Automation, LLC
expressly reserves the right to remove your profile
and/or restrict, suspend, or terminate your access to
any part of >SAS< Automation, LLC Website Network for
any reason.
If
you have any questions about the Terms of Use agreement
or the Privacy Policy, please submit your question here.
Information Request Form.
1. Your relationship with >SAS< Automation, LLC
1.1 Your use of the
EOAT.COM Forum and web sites (referred to collectively
as the “>SAS< Automation, LLC Website Network”) in
this document is subject to the terms of a legal
agreement between you and >SAS< Automation, LLC. >SAS<
Automation, LLC's principal place of business is in
Xenia, OH, United States, with a mailing address of
1200 South Patton Street Xenia, OH 45385 USA.
This document explains how the agreement is made up,
and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with >SAS<
Automation, LLC, your agreement with >SAS< Automation,
LLC will always include, at a minimum, the terms and
conditions set out in this document.
2. Accepting the Terms
2.1 In order to use the
Services, you must first agree to the Terms. You may
not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking AGREE
to accept or agree to the Terms, where this option is
made available to you by >SAS< Automation, LLC in the
user interface for user registration; or
(B) by actually using the Services. In this case, you
understand and agree that >SAS< Automation, LLC will
treat your use of the Services as acceptance of the
Terms from that point onwards.
2.3 You may not use the Services and may not accept
the Terms if you are a person barred from receiving
the Services under the laws of the United States or
other countries including the country in which you are
resident or from which you use the Services.
2.4 Before you continue, you should print off or save
a local copy of this Agreement for your records.
3. Provision of the
Services by >SAS< Automation, LLC
3.1 While >SAS<
Automation, LLC makes reasonable efforts to ensure >SAS<
Automation, LLC Website Network is compatible for your
Web browser, >SAS< Automation, LLC can not guarantee >SAS<
Automation, LLC Website Network will work with the
browser you use.
3.2 >SAS< Automation, LLC is constantly innovating in
order to provide the best possible experience for the
Users. You acknowledge and agree that the form and
nature of the Services which >SAS< Automation, LLC
provides may change from time to time without prior
notice to you.
3.3 You acknowledge and agree that >SAS< Automation,
LLC may stop (permanently or temporarily) providing
the Services (or any features within the Services) to
you or to users generally at >SAS< Automation, LLC’s
sole discretion, without prior notice to you. This can
include your ability to access content that you
posted, as well as the ability to post future
content.
3.4 You may stop using the Services at any time. You
do not need to specifically inform >SAS< Automation,
LLC when you stop using the Services.
3.5 You acknowledge and agree that if >SAS<
Automation, LLC disables access to your account, you
may be prevented from accessing the Services, your
account details or any files or other content which is
contained in your account.
3.6 You acknowledge and agree to a fixed upper limit
on the number of forum topics and replies you can post
during a particular period of time (determined by >SAS<
Automation, LLC), and that such fixed upper limits may
be enforced by manual or automatic controls set by >SAS<
Automation, LLC. You also agree that the fixed upper
limits may be changed with out notice at >SAS<
Automation, LLC’s discretion.
4. Use of the Services by
you
4.1 In order to access
certain Services, you may be required to provide
information about yourself (such as identification or
contact details) as part of the registration process
for the Service, or as part of your continued use of
the Services. You agree that any registration
information you give to >SAS< Automation, LLC will
always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes
that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or
software to and from the United States or other
relevant countries).
4.3 You agree not to access (or attempt to access) any
of the Services by any means other than through the
interface that is provided by >SAS< Automation, LLC,
unless you have been specifically allowed to do so in
a separate agreement with >SAS< Automation, LLC. You
specifically agree not to access (or attempt to
access) any of the Services through any automated
means (including use of scripts or web crawlers), html
frames, anonymous proxie services, and shall ensure
that you comply with the instructions set out in any
robots.txt file present on the >SAS< Automation, LLC
Website Network.
4.4 You agree that you will not engage in any activity
that interferes with or disrupts the Services (or the
servers and networks which are connected to the
Services).
4.5 Unless you have been specifically permitted to do
so in a separate agreement with >SAS< Automation, LLC,
you agree that you will not reproduce, duplicate,
copy, sell, trade or resell the Services for any
purpose.
4.6 You agree that you are solely responsible for (and
that >SAS< Automation, LLC has no responsibility to
you or to any third party for) any breach of your
obligations under the Terms and for the consequences
(including any loss or damage which >SAS< Automation,
LLC may suffer) of any such breach.
5. Your passwords and
account security
5.1 You agree and
understand that you are responsible for maintaining
the confidentiality of passwords associated with any
account you use to access the Services.
5.2 Accordingly, you agree that you will be solely
responsible to >SAS< Automation, LLC for all
activities that occur under your account.
5.3 If you become aware of any unauthorized use of
your password or of your account, you agree to notify
>SAS< Automation, LLC immediately at
http://www.>SAS< Automation,
LLC.com/forms/unauthorized.htm.
6. Privacy and your
personal information
6.1 For information
about >SAS< Automation, LLC’s data protection
practices, please read >SAS< Automation, LLC’s privacy
policy at
http://www.>SAS< Automation, LLC.com/privacy.htm.
This policy explains how >SAS< Automation, LLC treats
your personal information, and protects your privacy,
when you use the Services.
6.2 You agree to the use of your data in accordance
with >SAS< Automation, LLC’s privacy policies.
7. Content in the
Services
7.1 You understand that
all information (such as data files, written text,
links to sources outside of >SAS< Automation, LLC,
computer software, music, audio files or other sounds,
photographs, videos or other images) which you may
have access to as part of, or through your use of, the
Services are the sole responsibility of the users from
which such content originated. All such information is
referred to below as the “Content”.
7.2 You should be aware that Content presented to you
as part of the Services, including but not limited to
advertisements in the Services and sponsored Content
within the Services may be protected by intellectual
property rights which are owned by the sponsors or
advertisers who provide that Content to >SAS<
Automation, LLC (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan,
sell, distribute or create derivative works based on
this Content (either in whole or in part) unless you
have been specifically told that you may do so by >SAS<
Automation, LLC or by the owners of that Content, in a
separate agreement.
7.3 >SAS< Automation, LLC reserves the right (but
shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all Content
from any Service. For some of the Services, >SAS<
Automation, LLC may (but not obligated to) provide
tools to filter out explicit content including, but
not limited to, sexual, hate, anti-semitic,
derrogatory, etc. content. These tools may include
automated filtering that may alter your content during
and after submission to a forum.
7.4 You understand that by using the Services you may
be exposed to Content that you may find offensive,
indecent or objectionable and that, in this respect,
you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and
that >SAS< Automation, LLC has no responsibility to
you or to any third party for) any Content that you
create, transmit or display while using the Services
and for the consequences of your actions (including
any loss or damage which >SAS< Automation, LLC may
suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and
agree that while the furum services are based on the
SNITZ Forums 2000 platform licensed under a GNU
General Public License, >SAS< Automation, LLC owns all
legal right, title and interest in and to the
Services, including any intellectual property rights
which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the
world those rights may exist). You further acknowledge
that the Services may contain information which is
designated confidential by >SAS< Automation, LLC and
that you shall not disclose such information without >SAS<
Automation, LLC’s prior written consent.
8.2 Unless you have agreed otherwise in writing with >SAS<
Automation, LLC, nothing in the Terms gives you a
right to use any of >SAS< Automation, LLC’s trade
names, trade marks, service marks, logos, domain
names, and other distinctive brand features.
8.3 If you have been given an explicit right to use
any of these brand features in a separate written
agreement with >SAS< Automation, LLC, then you agree
that your use of such features shall be in compliance
with that agreement, any applicable provisions of the
Terms, and >SAS< Automation, LLC's brand feature use
guidelines as updated from time to time. These
guidelines can be viewed online at
http://www.>SAS< Automation, LLC.com/guidelines.htm
(or such other URL as >SAS< Automation, LLC may
provide for this purpose from time to time).
8.4 Other than the limited license set forth in
Section 10, >SAS< Automation, LLC acknowledges and
agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or
to any Content that you submit, post, transmit or
display on, or through, the Services, including any
intellectual property rights which subsist in that
Content (whether those rights happen to be registered
or not, and wherever in the world those rights may
exist). Unless you have agreed otherwise in writing
with >SAS< Automation, LLC, you agree that you are
responsible for protecting and enforcing those rights
and that >SAS< Automation, LLC has no obligation to do
so on your behalf.
8.5 You agree that you shall not remove, obscure, or
alter any proprietary rights notices (including
copyright and trade mark notices) which may be affixed
to or contained within the Services.
8.6 Unless you have been expressly
authorized to do so in
writing by >SAS< Automation, LLC, you agree that in
using the Services, you will not use any trade mark,
service mark, trade name, logo of any company or
organization in a way
that is likely or intended to cause confusion about
the owner or authorized
user of such marks, names or logos.
9. License from >SAS<
Automation, LLC
9.1 >SAS< Automation,
LLC gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the
software provided to you by >SAS< Automation, LLC as
part of the Services as provided to you by >SAS<
Automation, LLC (referred to as the “Software” below).
This license is for the sole purpose of enabling you
to use and enjoy the benefit of the Services as
provided by >SAS< Automation, LLC, in the manner
permitted by the Terms.
9.2 You may not (and you may not permit anyone else
to) copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract
the source code of the Software or any part thereof,
unless this is expressly permitted or required by law,
or unless you have been specifically told that you may
do so by >SAS< Automation, LLC, in writing.
9.3 Unless >SAS< Automation, LLC has given you
specific written permission to do so, you may not
assign (or grant a sub-license
of) your rights to use the Software, grant a security
interest in or over your rights to use the Software,
or otherwise transfer any part of your rights to use
the Software.
10. Content
license from you
10.1 You retain
copyright and any other rights you already hold in
Content which you submit, post or display on or
through, the Services. By submitting, posting or
displaying the content you give >SAS< Automation, LLC
a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to
reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content
which you submit, post or display on or through, the
Services. This license is
for the sole purpose of enabling >SAS< Automation, LLC
to display, distribute and promote the Services and
may be revoked for certain Services as defined in the
Additional Terms of those Services.
10.2 You agree that this license includes a right for
>SAS< Automation, LLC to make such Content available
to other companies, organizations or individuals with
whom >SAS< Automation, LLC has relationships for the
provision of syndicated services, and to use such
Content in connection with the provision of those
services.
10.3 You understand that >SAS< Automation, LLC, in
performing the required technical steps to provide the
Services to our users, may (a) transmit or distribute
your Content over various public networks and in
various media; and (b) make such changes to your
Content as are necessary to conform and adapt that
Content to the technical requirements of connecting
networks, devices, services or media. You agree that
this license shall permit
>SAS< Automation, LLC to take these actions.
10.4 You confirm and warrant to >SAS< Automation, LLC
that you have all the rights, power and authority
necessary to grant the above
license.
11. Software updates
11.1 The Software which
you use may automatically download and install updates
from time to time from >SAS< Automation, LLC. These
updates are designed to improve, enhance and further
develop the Services and may take the form of bug
fixes, enhanced functions, new software modules and
completely new versions. You agree to receive such
updates (and permit >SAS< Automation, LLC to deliver
these to you) as part of your use of the Services.
12. Ending your
relationship with >SAS< Automation, LLC
12.1 The Terms will
continue to apply until terminated by either you or >SAS<
Automation, LLC as set out below.
12.2 If you want to terminate your legal agreement
with >SAS< Automation, LLC, you may do so by
(A) notifying >SAS<
Automation, LLC at any time and
(B) closing your
accounts for all of the Services which you use,
where >SAS< Automation, LLC has made this option
available to you. Your notice should be sent, in
writing, to >SAS< Automation, LLC’s address which is
set out at the beginning of these Terms.
12.3 >SAS< Automation,
LLC may at any time, terminate its legal agreement
with you if:
(A) you have breached
any provision of the Terms (or have acted in manner
which clearly shows that you do not intend to, or
are unable to comply with the provisions of the
Terms); or
(B) >SAS< Automation, LLC is required to do so by
law (for example, where the provision of the
Services to you is, or becomes, unlawful); or
(C) the partner with whom >SAS< Automation, LLC
offered the Services to you has terminated its
relationship with >SAS< Automation, LLC or ceased to
offer the Services to you; or
(D) >SAS< Automation, LLC is transitioning to no
longer providing the Services to users in the
country in which you are resident or from which you
use the service; or
(E) the provision of the Services to you by >SAS<
Automation, LLC is, in >SAS< Automation, LLC’s
opinion, no longer commercially viable.
12.4 Nothing in this
Section shall affect >SAS< Automation, LLC’s rights
regarding provision of Services under Section 4 of the
Terms.
12.5 When these Terms come to an end, all of the legal
rights, obligations and liabilities that you and >SAS<
Automation, LLC have benefited from, been subject to
(or which have accrued over time whilst the Terms have
been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation,
and the provisions of paragraph 20.7 shall continue to
apply to such rights, obligations and liabilities
indefinitely.
13. EXCLUSION OF
WARRANTIES
13.1 NOTHING IN THESE
TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR
LIMIT >SAS< AUTOAMTION’S WARRANTY OR LIABILITY FOR
LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED
BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR
BREACH OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE
SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
13.3 IN PARTICULAR, >SAS< Automation, LLC, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT
REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE
SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF
YOUR USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY
OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM >SAS< Automation, LLC OR
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
13.6 >SAS< Automation, LLC FURTHER EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF
LIABILITY
14.1 SUBJECT TO OVERALL
PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT >SAS< Automation, LLC, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL
NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY..
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS
OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY
LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE
LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR
DAMAGES AS A RESULT OF:
(I) ANY RELIANCE
PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF
ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH >SAS< Automation, LLC MAY
MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE
TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS
DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR
USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE >SAS< Automation, LLC
WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT
DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON
>SAS< Automation, LLC’S LIABILITY TO YOU IN PARAGRAPH
15.1 ABOVE SHALL APPLY WHETHER OR NOT >SAS<
Automation, LLC HAS BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
ARISING.
15. Advertisements
15.1 >SAS< Automation,
LLC Website Network may be supported by advertising
revenue and may display advertisements and promotions.
These advertisements may be targeted to the content of
information stored on the Services, queries made
through the Services or other information.
15.2 The manner, mode and extent of advertising by >SAS<
Automation, LLC on the Services are subject to change
without specific notice to you.
15.3 In consideration for >SAS< Automation, LLC
granting you access to and use of the Services, you
agree that >SAS< Automation, LLC may place such
advertising on the Services.
16. Other content
16.1 The Services may
include hyperlinks to other web sites or content or
resources. >SAS< Automation, LLC may have no control
over any web sites or resources which are provided by
companies or persons other than >SAS< Automation, LLC.
16.2 You acknowledge and agree that >SAS< Automation,
LLC is not responsible for the availability of any
such external sites or resources, and does not endorse
any advertising, products or other materials on or
available from such web sites or resources.
16.3 You acknowledge and agree that >SAS< Automation,
LLC is not liable for any loss or damage which may be
incurred by you as a result of the availability of
those external sites or resources, or as a result of
any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or
other materials on, or available from, such web sites
or resources.
17. Changes to the Terms
of Use Agreement
17.1 >SAS< Automation,
LLC may make changes to the Terms of Use Agreement or
Additional
Terms from time to time. When these changes are made,
>SAS< Automation, LLC will make a new copy of the
Terms available at
http://www.>SAS< Automation,
LLC.com/terms_conditions.htm and any new
Additional Terms will be made available to you from
within, or through, the affected Services.
17.2 You understand and agree that if you use the
Services after the date on which the Terms of Use
Agreement or Additional Terms have changed, >SAS<
Automation, LLC will treat your use as acceptance of
the updated Terms of Use Agreement or Additional
Terms.
18. General legal terms
18.1 Sometimes when you
use the Services, you may (as a result of, or through
your use of the Services) use a service or download a
piece of software, or purchase goods, which are
provided by another person or company. Your use of
these other services, software or goods may be subject
to separate terms between you and the company or
person concerned. If so, the Terms do not affect your
legal relationship with these other companies or
individuals.
18.2 The Terms of Use Agreement constitutes the whole
legal agreement between you and >SAS< Automation, LLC
and govern your use of the Services (but excluding any
services which >SAS< Automation, LLC may provide to
you under a separate written agreement), and
completely replace any prior agreements between you
and >SAS< Automation, LLC in relation to the Services.
18.3 You agree that >SAS< Automation, LLC may provide
you with notices, including those regarding changes to
the Terms, by email, regular mail, or postings on the
Services.
18.4 You agree that if >SAS< Automation, LLC does not
exercise or enforce any legal right or remedy which is
contained in the Terms (or which >SAS< Automation, LLC
has the benefit of under any applicable law), this
will not be taken to be a formal waiver of >SAS<
Automation, LLC’s rights and that those rights or
remedies will still be available to >SAS< Automation,
LLC.
18.5 If any court of law, having the jurisdiction to
decide on this matter, rules that any provision of
these Terms is invalid, then that provision will be
removed from the Terms of Use Agreement without
affecting the rest of the Terms. The remaining
provisions of the Terms will continue to be valid and
enforceable.
18.6 You acknowledge and agree that each member of the
group of companies of which >SAS< Automation, LLC is
the parent shall be third party beneficiaries to the
Terms and that such other companies shall be entitled
to directly enforce, and rely upon, any provision of
the Terms which confers a benefit on (or rights in
favor of) them. Other than this, no other person or
company shall be third party beneficiaries to the
Terms.
18.7 The Terms, and your relationship with >SAS<
Automation, LLC under the Terms, shall be governed by
the laws of the State of Ohio without regard to its
conflict of laws provisions. You and >SAS< Automation,
LLC agree to submit to the exclusive jurisdiction of
the courts located within the county of Montgomery,
Ohio to resolve any legal matter arising from the
Terms. Notwithstanding this, you agree that >SAS<
Automation, LLC shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent
legal relief) in any jurisdiction.
June 16, 2009
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