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AGREEMENT BETWEEN USER
AND
Renaissance Technologies, Inc.
The TrafAlert Web Site is comprised of various Web pages
operated by Renaissance Technologies, Inc..
The TrafAlert Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the TrafAlert Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
Renaissance Technologies, Inc. reserves the right to change
the terms, conditions, and notices under which the TrafAlert
Web Site is offered, including but not limited to the charges
associated with the use of the TrafAlert Web Site.
LINKS TO THIRD PARTY SITES
The TrafAlert Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the
control of Renaissance Technologies, Inc. and Renaissance Technologies, Inc.
is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Renaissance Technologies, Inc.
is not responsible for webcasting or any other form of
transmission received from any Linked Site. Renaissance Technologies, Inc.
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Renaissance Technologies, Inc.
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TrafAlert Web Site, you
warrant to Renaissance Technologies, Inc. that you will not
use the TrafAlert Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may
not use the TrafAlert Web Site in any manner which could
damage, disable, overburden, or impair the TrafAlert Web Site
or interfere with any other party's use and enjoyment of the TrafAlert
Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally
made available or provided for through the TrafAlert Web
Sites.
USE OF COMMUNICATION SERVICES
The TrafAlert Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the
public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and receive messages
and material that are proper and related to the particular
Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service,
you will not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
-
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
-
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain
letters.
-
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner.
-
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the
Communication Services.
-
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
-
Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
-
Violate any applicable laws or regulations.
Renaissance Technologies, Inc. has no obligation to monitor the
Communication Services. However, Renaissance Technologies, Inc. reserves the
right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Renaissance Technologies, Inc. reserves the
right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
Renaissance Technologies, Inc. reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Renaissance Technologies,
Inc.'s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Renaissance
Technologies, Inc. does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Renaissance
Technologies, Inc. specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Renaissance
Technologies, Inc. spokespersons, and their views do not necessarily reflect
those of Renaissance Technologies, Inc..
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Renaissance Technologies, Inc.
OR POSTED AT ANY Renaissance Technologies, Inc.
WEB SITE
Renaissance Technologies, Inc. does not claim ownership of the
materials you provide to Renaissance Technologies, Inc.
(including feedback and suggestions) or post, upload, input or
submit to any TrafAlert Web Site or its associated services
(collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission
you are granting Renaissance Technologies, Inc., its affiliated
companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Renaissance Technologies, Inc.
is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Renaissance Technologies, Inc.'s
sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE TrafAlert WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Renaissance Technologies, Inc.
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
TrafAlert WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TrafAlert
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Renaissance Technologies, Inc. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE TrafAlert WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Renaissance Technologies, Inc.
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Renaissance Technologies, Inc. AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE TrafAlert WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE TrafAlert WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE TrafAlert WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE TrafAlert WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Renaissance Technologies, Inc. OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE TrafAlert WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE TrafAlert WEB SITE.
SERVICE CONTACT : admin@rticams.net
TERMINATION/ACCESS RESTRICTION
Renaissance Technologies, Inc. reserves the right, in its sole
discretion, to terminate your access to the TrafAlert Web Site
and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law,
this agreement is governed by the laws of the Commonwealth of
Pennsylvania, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in Dauphin County,
Pennsylvania, U.S.A. in all disputes arising out of or relating
to the use of the TrafAlert Web Site. Use of the TrafAlert Web
Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship
exists between you and Renaissance Technologies, Inc. as a
result of this agreement or use of the TrafAlert Web Site. Renaissance Technologies, Inc.'s
performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in
derogation of Renaissance Technologies, Inc.'s right to comply
with governmental, court and law enforcement requests or
requirements relating to your use of the TrafAlert Web Site or
information provided to or gathered by Renaissance Technologies, Inc.
with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Renaissance Technologies, Inc.
with respect to the TrafAlert Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Renaissance Technologies, Inc.
with respect to the TrafAlert Web Site. A printed version of
this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TrafAlert Web Site are: Copyright (c) 2005
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The TrafAlert name
and mark are registered trademarks of Renaissance Technologies,
Inc.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any
real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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