BiometricNews.net, Inc. will only receive DMCA notices by mail at the addresses below:

Transcription

1 TERMS & CONDITIONS Grant. You are granted a non-exclusive, non-transferrable, revocable, limited license to access and use this Website on any single computer for personal, non-commercial use. BiometricNews.net, Inc. may terminate this license without notice at any time and for any reason. Limitations. You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy content on this Website by using any robot, bot, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other hidden text utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity. Intellectual Property Rights. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You acknowledge that this Website is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Registration. Certain sections of this Website require registration to access and use information and services. If you elect to register, you agree to provide BiometricNews.net, Inc. with accurate, complete registration information. You will inform BiometricNews.net, Inc. of any changes to registration information. You warrant that registration is for a single person only, and that you will not permit anyone other than yourself to access and use sections of this Website requiring registration using your name and password. You are responsible for all access to and use of this Website through your name and password, including access of any services the use of which results in monetary charges to you, whether or not you have knowledge of or authorizes such access and use. You will notify BiometricNews.net, Inc. immediately of any unauthorized use of your name and password, or if you suspect the privacy of your name and password has been jeopardized. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any BiometricNews.net, Inc. server, or the network(s) connected to any BiometricNews.net, Inc. server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any

2 BiometricNews.net, Inc. server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. Linked Third Party Sites. Links to other websites operated by third parties, including BiometricNews.net, Inc. s suppliers and vendors, do not constitute sponsorship, endorsement, or approval by BiometricNews.net, Inc. of the content, policies, or practices of such linked sites. Linked websites are not operated, controlled, or maintained by BiometricNews.net, Inc., and BiometricNews.net, Inc. is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices. Links to other websites are provided for your convenience only, and you access them at your own risk. Force Majeure. BiometricNews.net, Inc. or its suppliers performance under these Terms and Conditions of use are subject to interruption and delay due to causes beyond their reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. Procedure for Alleging Copyright Infringement. BiometricNews.net, Inc. will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ( DMCA ), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: (i) a legend or subject line that says: DMCA Copyright Infringement Notice ; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the site and a description of where the material that you claim is infringing is located on that site; (iv) your address, telephone number, and address; (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (vii) your electronic or physical signature. BiometricNews.net, Inc. will only receive DMCA notices by mail at the addresses below: BiometricNews.net, Inc. c/o Rathje & Woodward, LLC 300 E. Roosevelt Road Suite 300 Wheaton, IL 60187

3 Attention: Kevin M. Carrara, Esq. BiometricNews.net, Inc. may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and BiometricNews.net, Inc. may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone BiometricNews.net, Inc. at Indemnity. You agree to indemnify, defend, and hold harmless BiometricNews.net, Inc. (which includes BiometricNews.net, Inc. s affiliates, subsidiaries, vendors and suppliers) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys fees, expert witness fees, stenographer/deposition fees and court costs) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website. The foregoing indemnification obligation shall survive termination of these Terms and Conditions and the Website. Operation of Website. BiometricNews.net, Inc. shall also have the right without notice and at any time, for any reason, to discontinue operation of the Website or any portion thereof, or any products or services offered through the Website, or to terminate your right to access or use the Website or any portion thereof or your account, including for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or BiometricNews.net, Inc. or its suppliers. Revisions to this Website and this User Agreement. BiometricNews.net, Inc. may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any content, any activities available on this Website, and any products or services offered through this Website. BiometricNews.net, Inc. may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes. Operation of Website; Availability of Products and Services. BiometricNews.net, Inc. controls and operates this Website from its headquarters in Wheaton, Illinois in the United States of America, and BiometricNews.net, Inc. makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although BiometricNews.net, Inc. products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. Jurisdiction, Venue, and Alternative Dispute Resolution. Any controversy or claim relating to this Website, the content, or this User Agreement not otherwise resolved between you and BiometricNews.net, Inc. will be settled solely by binding arbitration in

4 accordance with the Commercial Arbitration Rules of the American Arbitration Association ( AAA ), administered in accordance with the AAA s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Wheaton, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the content, or these Terms and Conditions must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by BiometricNews.net Inc. relating to your access to, or use of, this Website or any content in accordance with this paragraph shall be instituted in state or federal court in DuPage County, Illinois. Accordingly, you consent to the personal jurisdiction and exclusive venue of the courts in DuPage County, Illinois with respect to all matters relating to your access to or use of this Website and the content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by BiometricNews.net, Inc. to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any content, BiometricNews.net, Inc s operations, and/or BiometricNews.net, Inc. s products or services caused by your act or failure to act. Severability. If any provision of these terms and conditions are deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these terms and conditions and will not affect the validity or enforceability of the remainder of these terms and conditions. Copyright Notice. All of the content you see and hear on this Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by BiometricNews.net, Inc., one of its affiliates or by third parties who have licensed their materials to BiometricNews.net, Inc. The entire content of this website is copyrighted as a collective work under U.S. copyright laws, and BiometricNews.net, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the content. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from BiometricNews.net, Inc. No right, title or interest in any downloaded materials is transferred to you as a result of any downloading. BiometricNews.net, Inc. reserves complete title and full intellectual property rights in any content you download from this website. Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss. The information on this Website may contain typographical errors or inaccuracies and

5 may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from BiometricNews.net, Inc. pass to the purchaser upon our delivery to the carrier. DISCLAIMERS GENERAL BIOMETRICNEWS.NET, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, BIOMETRICNEWS.NET, INC. DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM, IF ANY. WITHOUT LIMITING THE FOREGOING, BIOMETRICNEWS.NET, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, BIOMETRICNEWS.NET, INC. DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM. BIOMETRICNEWS.NET, INC. DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. BIOMETRICNEWS.NET, INC. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR

6 APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. BIOMETRICNEWS.NET, INC. ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, SHALL BIOMETRICNEWS.NET, INC. OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIOMETRICNEWS.NET, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BIOMETRICNEWS.NET, INC. UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). ENFORCEMENT OF TERMS AND CONDITIONS BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES OF AMERICA.