SERVICE ACCESS AND USE LICENSE
- Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal use only, provided that You maintain and display all copyright, trademark and other notices contained therein.
- Non-Solicitation. You may not post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services.
- Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
- Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
- USER OBLIGATIONS. By downloading, accessing, or using the Service in order to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least eighteen (18) years of age; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by Asher Group; and (iii) are not using another authorized user’s account without that person’s permission.
- anything that interferes with or disrupts the Service or its operation;
- Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or false, offensive, defamatory, unlawful, threatening, abusive, harassing, or misleading;
- unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
- Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Materials that harm minors;
- Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.
- LINKS TO OTHER SERVICES. Asher Group may provide links, in its sole discretion, to other services. Asher Group is not responsible for the availability of these outside resources or their contents. Asher Group expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.
- LINKS TO THIS SERVICE. You may link to the Service provided that You do so in a way that indicates that the link is direct to an American Asher Group Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.
- WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASHER GROUP AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. ASHER GROUP DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. ASHER GROUP DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT ASHER GROUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. OTHER DISCLAIMERS. CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. ASHER GROUP DOES NOT REPRESENT OR WARRANT THAT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.
13. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Asher Group is committed to complying with copyright and related laws, and requires all users of the Service to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Asher Group to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Asher Group by the copyright owner or the copyright owner’s legal agent.
If You feel that a posted message is objectionable or infringing, Asher Group encourages You to contact Asher Group immediately. Upon Asher Group’ receipt of a proper written notice of claimed infringement under the DMCA, Asher Group will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of Asher Group (i.e., the proper party) to whom You should address such notice is listed below.
If You believe that Your work has been copied and posted using the Service in a way that constitutes copyright infringement, please provide Asher Group’ designated agent with a written communication containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located to permit Asher Group to locate the material;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf.
Asher Group’ designated agent for notice of claims of copyright infringement can be reached as follows:
email@example.com with the subject line “DMCA”
Asher Group, 3300 Monroe Ave, Suite 317, Rochester, NY 14618 Phone: 202-303-4086
14. INTERNATIONAL USERS. While all Services are controlled and operated within the United States, Services may be distributed internationally. All questions about the international availability of Services should be directed to the Asher Group. Asher Group makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If You access or use the Service from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use and U.S. export laws and regulations.
16. INDEMNIFICATION. You agree to indemnify, defend and hold Asher Group and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Service.
18. TRADEMARK INFORMATION. The Asher Group logo, Hyper-Reach logo and Hyper-Reach name are federally protected and registered marks of The Asher Group and protected under United States Code, Title 18, Section 706. All other trademarks displayed on this Service or through links to other services are the property of the respective trademark owners.
Current as of April 2019