Table of Contents

Agreement to Terms of Use

The following are terms of a legal agreement between you and AJP Services ("AJP"). These Terms and Conditions of Use (the "Terms of Use") apply to the AJP Services Web site and all sites similarly owned and operated by AJP or its subdivisions, and all computer systems, network components, hardware or software, used in the operation of said sites (collectively, the "Site"). The Site is the property of AJP. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site.

Ownership of Site

AJP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, AJP grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site and the services available therefrom.

Electronic Communications

When you visit the Site or send Email to AJP, you are communicating with AJP electronically. You consent to receive all communications from AJP electronically. AJP will communicate with you via Email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that AJP provides to you electronically satisfy any legal requirement that such communications be in writing.

Site Access

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AJP server, or to any of the services offered on or through the Site, by "cracking", password "mining" or any other illegitimate or illegal means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AJP's systems or networks, or any systems or networks connected to the Site or to AJP.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of AJP or of others.

The Site is owned and operated by AJP Services and is protected by United States of America and international copyright and trademark laws. Except where explicitly noted herein or on the Site, the Site's contents, including but not limited to the text, images, style sheets and the code developed by AJP for use on the Site, are licensed under a Creative Commons Attribution-ShareAlike 2.5 License and its terms are made a part of these Terms of Use by this reference. Unauthorized use of any portion of the Site beyond those contained herein may violate copyright, trademark and other laws.

Customer Rights and Responsibilities

Customers submitting material to AJP, or any of its subsidiaries or divisions, for service retain copyright in such material, and AJP requires no acknowledgement or compensation for work completed other than the fee(s) detailed in the final invoice provided by AJP for said service. AJP does not claim any rights to said material by virtue of supplying its services, and will not use or disclose for any reason other than providing our services. You represent and warrant that you own or otherwise control all of the rights to the material that you submit for service; that the material is accurate; that use of the material you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AJP and/or its affiliates, subsidiaries and divisions for any and all claims resulting from material you supply or the use thereof. AJP retains the right but not the obligation to monitor and refuse any activity or content. AJP takes no responsibility and assumes no liability for any material submitted by you or any third party on your behalf.

AJP and/or its affiliates, subsidiaries and divisions may provide advice on changes to your work which you or your representatives may accept, reject or further amend at your sole discretion. AJP's work on any project does not imply any endorsement of its content. AJP explicitly allows, but does not require, the association of AJP, and/or its affiliates, subsidiaries and divisions, and any AJP trademark, with any finished project we have worked on, including by way of acknowledgement, without prior written consent. Comments provided to you by AJP and/or its affiliates, subsidiaries and divisions are confidential and are provided for your personal use only.

The copyright of custom works made by AJP or any of its subsidiaries or divisions is owned solely by AJP unless agreed otherwise and addressed in the contractual agreement between you and AJP at the time of contracting.

Purchase Terms

Additional terms and conditions, to be found on relevant areas of the Site, may apply to purchases of goods or services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

AJP's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such agreements.

AJP may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice to you.

Privacy

AJP's Privacy Policy, hereafter referred to as "Privacy Policy", available on the Web at http://www.ajp-services.net/privacy.html applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that there is a possibility that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

The disposition of any feedback you provide to AJP via the Site or Email or any other means is covered under the terms of the Privacy Policy.

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under AJP's ownership or control, and AJP is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on said Linked Sites.

Indemnity

You agree to indemnify and hold AJP, its subsidiaries or divisions, predecessors, successors in interest, employees, agents,and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against AJP by any third party due to or arising out of or in connection with your use of the Site or services.

Limitation of Liability

Except where prohibited by law, in no event will AJP be liable to you for any direct or indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if AJP has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, AJP is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or services, AJP's liability shall in no event exceed the actual purchase price you paid for the service. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Limitation on Warranties

All materials on the Site are provided "as is." AJP makes no representations or warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. As to documents and graphics published on this site, AJP makes no representation or warranty that the contents of such document or graphics are free from error or suitable for any purpose; nor that implementation of such contents will not infringe any third party patents, copyrights, trademarks or other rights.

Violation of These Terms of Use

The terms of the Privacy Policy notwithstanding, AJP may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) AJP's rights, liberties, or property, or the rights, liberties, or property of visitors to or users of the Site, including AJP's customers. AJP reserves the right at all times to disclose any information that AJP deems necessary or is required to comply with any applicable law, regulation, legal process or governmental request. AJP also may disclose your information when AJP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that AJP may preserve any transmittal or communication by you with AJP through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or AJP determines that such preservation or disclosure is reasonably necessary to:

  1. comply with legal process,
  2. enforce these Terms of Use,
  3. respond to claims that any such data violates the rights of others,
  4. protect the rights, property or personal safety of AJP, its employees, users of or visitors to the Site, and the public.

You agree that AJP may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. These remedies are in addition to any other remedies AJP may have at law or in equity.

You agree that AJP may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to:

  1. requests by law enforcement or other government agencies,
  2. a request by you (self-initiated account deletions),
  3. discontinuance or material modification of the Site or any service offered on or through the Site,
  4. unexpected technical issues or problems.

If AJP does take any legal action against you as a result of your violation of these Terms of Use, AJP will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to AJP. You agree that AJP will not be liable to you or to any third party for termination of your access to the Site.

Dispute Resolution

You agree that all matters relating to your access to or use of the Site or services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New Haven County, Connecticut, United States of America, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than actual out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.

In the event of any controversy or dispute between AJP and you arising out of or in connection with your use of the Site or services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. To begin this process you must contact our Policy Department at policy@ajp-services.net. AJP Services is committed to resolving disputes under this policy in a timely fashion (usually one week). If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

AJP administers and operates the Site from its location in Waterbury, Connecticut, United States of America. Any offer for any feature, product or service made on the Site is void where prohibited. If you access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with any and all applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and AJP with regard to your use of the Site and services, and any and all other written or oral agreements or understandings previously existing between you and AJP with respect to such use are hereby superseded and cancelled. AJP's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by AJP of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between AJP and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright Notice

Copyright © 2005 AJP Services, 22 Elmwood Avenue, Waterbury, Connecticut 06710, U.S.A. Some rights reserved.

Any rights not expressly granted herein are reserved.