(B) Changes to Terms of Service. ACA may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of azcommerce.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. ACA may change or discontinue any aspect, service or feature of azcommerce.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Azcommerce.com may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of azcommerce.com are copyrighted as a collective work under the United States copyright laws. ACA owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ACA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
THIRD PARTY CONTENT.
ACA may distribute content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of azcommerce.com, are those of the respective author(s) or distributor(s) and not of ACA. Neither ACA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 5 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In some instances, the content available through azcommerce.com may represent the opinions and judgments of the respective user or information provider not under contract with ACA. ACA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on azcommerce.com by any third party. Under no circumstances will ACA be liable for any loss or damage caused by your use or reliance on information obtained through azcommerce.com. ACA is not responsible for any actions or inaction on your part based on the information that is presented on azcommerce.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through azcommerce.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
ADVERTISEMENTS AND PROMOTIONS
ACA may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ACA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ACA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) YOU EXPRESSLY AGREE THAT USE OF AZCOMMERCE.COM IS AT YOUR SOLE RISK. NEITHER ACA, ITS BOARD MEMBERS, OFFICERS, OR EMPLOYEES, NOR THE STATE OF ARIZIONA, WARRANT THAT AZCOMMERCE.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF AZCOMMERCE.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH AZCOMMERCE.COM.
(B) AZCOMMERCE.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) NEITHER ACA, ITS BOARD MEMBERS, OFFICERS, OR EMPLOYEES, NOR THE STATE OF ARIZIONA, IS 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.
(D) IN NO EVENT WILL ACA, ITS BOARD MEMBERS, OFFICERS, OR EMPLOYEES, OR THE STATE OF ARIZIONA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AZCOMMERCE.COM OR THE AZCOMMERCE.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AZCOMMERCE.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ACA, ITS BOARD MEMBERS, OFFICERS, OR EMPLOYEES, NOR THE STATE OF ARIZIONA, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN AZCOMMERCE.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ACA, ITS BOARD MEMBERS, OFFICERS, OR EMPLOYEES, NOR THE STATE OF ARIZIONA, GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) ACA disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing azcommerce.com, you acknowledge and agree to ACA’s disclaimer of any such liability. If you do not agree, you should not access or use azcommerce.com.
You agree to defend, indemnify and hold harmless ACA, its board members, officers, and employees, and the state of Arizona, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of azcommerce.com by you or your Account.
ACA may terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, ACA shall have the right to immediately terminate your Account in the event of any conduct by you which ACA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.
ACA owns all rights to its logos and trademarks used in connection with the Site. All other logos and trademarks appearing on azcommerce.com are the property of their respective owners.
These Terms of Service and any operating rules for azcommerce.com established by ACA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of ACA, the State of Arizona, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
COPYRIGHTS AND COPYRIGHT AGENT.
ACA respects the rights of all copyright holders and in this regard. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ACA’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Arizona Commerce Authority
100 N. 7th Avenue
Phoenix, Arizona 85007