| 1. |
INFORMATION AND USE. |
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| 1.1 |
Internal Business Use Only. Unless otherwise specified, the Web Site and Information are for
User’s personal and internal business use only. User may not modify,
distribute, transmit, publish, license, create derivative works from, transfer,
or sell any Information obtained from the Web Site.User shall not use the Information or Web Site to conduct any
business or activity, or solicit the performance of any activity, that is
prohibited by or would violate any applicable law, rule, regulation, agreement
or legal obligation, nor to solicit or encourage others to subscribe to or use
information services, facilities, goods or services competitive with those of MAXIMUS. |
| 1.2 |
Ownership of Information. The Information is copyrighted and is protected by worldwide
copyright laws and treaty provisions. Except as expressly provided herein,
MAXIMUS does not grant any express or implied right to User under any patents,
copyrights, trademarks or trade secret information. |
| 1.3 |
Prohibitions. User may not rent, sell, distribute or transfer the information, or any part
thereof. User may not modify, adapt, enhance or otherwise create derivative
works of the Information. |
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| 2. |
DISCLAIMER OF WARRANTIES. |
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| 2.1 |
General. MAXIMUS
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS, SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEB SITE OR THE
INFORMATION FOR ANY PURPOSE. THE WEB SITE, INCLUDING THE DATABASE AND ALL
CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS
PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AT USER’S SOLE RISK. MAXIMUS
MAKES AND USER RECEIVES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER.
MAXIMU EXPRESSLY DISCLAIMS ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. MAXIMUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE WEB SITE OR ANY MATERIALS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXIMUS SHALL NOT
BE LIABLE FOR THE USE OF THE WEB SITE OR DATABASE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. |
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| 3. |
LIMITATION OF LIABILITY AND REMEDIES.
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| 3.1 |
Exclusion. NOTWITHSTANDING ANY DAMAGES THAT USER MIGHT
INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), USER EXPRESSLY UNDERSTANDS
AND AGREES THAT MAXIMUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND
AUTHORIZED AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,
EVEN IF MAXIMUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE AND DATABASE. IF USER IS
DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR THE INFORMATION, OR WITH ANY
OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE WEB SITE AND THE INFORMATION. |
| 3.2 |
Indemnification. User agrees to defend, indemnify and hold MAXIMUS harmless from and against
any and all claims, liabilities, demands, penalties, forfeitures, suits,
judgments and the associated costs and expenses (including attorney’s fees),
which MAXIMUS may hereafter incur, become responsible for or pay out arising
out of User’s use of the Information or User’s breach of any term or provision
of this Agreement. |
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| 4. |
GENERAL TERMS. |
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| 4.1 |
Modification MAXIMUS reserves the right at any time and at its sole discretion to change
the terms, conditions, and notices under which the Web Site and the Information
are offered, including but not limited to the charges associated with the use
of the Web Site and Information. MAXIMUS may revise this Agreement at any time
by updating this posting. User should visit this page from time to time to
review the then-current terms because they are binding on User. Certain
provisions of this Agreement may be superseded by expressly designated legal
notices given to the User or terms located on particular pages at the Web Site. |
| 4.2 |
Jurisdiction. This
Agreement shall be governed by and interpreted according to the laws of the
State of Ohio, without regard to conflicts of law principles. MAXIMUS and
User agree that all disputes and litigation regarding this Agreement and
matters connected with its performance or relating to the use of the Web Site
and Information shall be subject to, and they each consent to jurisdiction and
venue in, the state and federal courts in Ohio. Use of the Web Site is
unauthorized in any jurisdiction that does not give effect to all provision of
these terms and conditions, including without limitation this section. |