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Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Foreword

THESE TERMS OF USE (THE "TERMS") DESCRIBE THE BASIS ON WHICH SYGMA CORPORATION AND ITS AFFILIATES ("SYGMA" or "we") OFFERS ACCESS TO PAGES OF SYGMA'S WEB SITE (currently located at www.sygmanetwork.com) (the "Site") TO PERSONS WHO VISIT THE SITE ("you") BY ACCESSING THE SITE AT ANY TIME FOR ANY REASON, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY EACH OF THE PROVISIONS BELOW. If you do not agree to them, do not use the Site or download any Materials from it.

Materials and License; Third Party Content

The materials (including all content, information, SYGMA's domain name, the SYGMA logo, any marks appearing on the Site, and configurations, displays, screens appearing on or displayed in connection with the Site) (the "Materials") are provided by SYGMA as a service to its customers and may be used for informational purposes only. The Materials on this Site are copyrighted and/or are protected by trademark and other laws. Any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. SYGMA may make changes to these Materials, or to the products described therein, at any time without notice. SYGMA makes no commitment to update the Materials. The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of SYGMA's proprietary rights in them.

To the maximum extent legally possible, you agree that you will not directly or indirectly copy, publish, reproduce, distribute, display or transfer any or all of the Materials, whether electronically, mechanically, or otherwise, in any form (including the copying of presentation style, content, or content organization) without the prior written permission from SYGMA; provided, however, that you may download one copy of the Materials found on the Site on a single computer for your internal use only unless specifically licensed to do otherwise by SYGMA. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person; (d) except as specifically provided above, copy, reproduce, modify, publish, upload, post, transmit, or distribute any of the Materials in any way, without SYGMA's prior written permission. You agree that you will not frame or link to the Site without our express prior approval. Except as expressly provided herein, SYGMA and its suppliers do not grant any express or implied right to you under any intellectual property or information rights. SYGMA may terminate this license at any time. Upon termination, you must immediately destroy the Materials.

You acknowledge that a portion of the Materials constitutes content and substantive information, including news articles, industry, or other information, data, text, graphics, messages, communications, photographs, images, illustrations, audio clips, and/or video clips (collectively, the "Content"). You understand that to the extent that SYGMA did not originate or create such Content, the Content provided is not the responsibility of SYGMA, but rather of the person from which such Content originated or which created the Content. ALL CONTENT, WHETHER ORIGINATING WITH OR CREATED BY SYGMA OR OTHERWISE, IS PROVIDED "AS IS" AND WITH ALL FAULTS AND SYGMA SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREOF. Without limiting the foregoing, SYGMA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. Under no circumstances will SYGMA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. Certain Content is furnished by various news organizations or news publishers; neither SYGMA nor any such organizations or publishers will be liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Moreover, SYGMA or another third party may edit, alter, or summarize certain Content provided by others; SYGMA is not liable for the completeness of any Content provided to you, regardless of whether SYGMA has edited, altered, or summarized such Content.

You acknowledge that SYGMA and/or third-party content providers remain the owners of the Materials on this Site, and that you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the Site. In addition, other trademarks appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. Customer agrees to respect, and not in any way to violate, such third party rights. SYGMA's trademarks may be used publicly only with permission from SYGMA. Fair use of SYGMA's trademarks in advertising and promotion of SYGMA products requires proper acknowledgement.

Termination

SYGMA may terminate these Terms as to your use at any time with or without cause, and may refuse to provide you or any other customer with access to the Site at any time, at its sole discretion. Any such termination shall end the license described above. However, in the case of any termination, you agree to continue to abide by these Terms, which shall remain in full force and effect after such termination, except that your right to use the Site shall be terminated.

Exculpation; Limitation of Liability

YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS) IS ACCURATE OR COMPLETE. ACCORDINGLY, YOU ACKNOWLEDGE FURTHER THAT YOU DO NOT OR WILL NOT RELY ON ANY INFORMATION CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS). ALL INFORMATION CONTAINED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE MATERIALS PROVIDED THEREON (REGARDLESS OF WHETHER SUCH MATERIALS ARE CREATED BY SYGMA OR A THIRD PARTY CONTENT PROVIDER) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND OR RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBLITILTY AS TO, OF, OR FOR: (a) TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE; (b) INFORMATION, INFORMATIONAL CONTENT, OR COMPLETNESS OR INFORMATIONAL ACCURACY, WHETHER RELATING TO THE PRODUCTS ON THE SITE OR OTHERWISE; (c)THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SITE; (d) UNINTERRUPTED ACCESS; OR (e) ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR ANY INFORMATION RELATING THERETO. NEITHER SYGMA NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE, EVEN IF SYGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Submission of Information; No Improper Use; Indemnity

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). SYGMA will have no obligations with respect to the Communications. SYGMA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree that you will not, directly or indirectly, through the use of a machine or otherwise, introduce any information on or through the Site or the servers supporting the Site that (a) is false, misleading, fraudulent, fictitious, counterfeit or stolen; (b) violates any law, statute, ordinance, or regulation, whether international, federal, state or local; or (c) is or contains any viruses, trojan horses, worms, time bombs, cancelbots, sniffers, backdoors, false postings or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, disable, alter or expropriate any system, data, personal information, or facilities or functions of our Site (including, without limitation, e-mail and other communication services). In addition, you indemnify SYGMA and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss, liability, judgment, settlement, fine, tax, encumbrance, penalty, claim, suit, cost or expense (including, without limitation, attorney's fees and costs of court) incurred or sustained by reason of, in any way relating to, or arising out of your use of the Site and your violation of these Terms.

Links to Other Sites

SYGMA has provided links to certain non-SYGMA sites for your convenience. Some of these sites may have certain marks of or other references to SYGMA. However, please be aware that the information, products or services available on these sites is being provided by third parties over which SYGMA has no control. SYGMA provides no guaranty or warranty as to any of such information, products or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to SYGMA do not imply any sponsorship or endorsement of the third party or any information, products or services appearing on such site. SYGMA reserves the right to terminate any link or linking program at any time.

Site Location; Applicable Law; Jurisdiction

This Site is controlled by SYGMA from within the United States of America. SYGMA makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. ANY CLAIM RELATING TO THE MATERIALS OR THIS SITE SHALL BE (A) GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF OHIO, AND NOT BY THE APPLICATION OF CHOICE OF LAWS THE LAWS OF ANY OTHER JURISDICTION AND (B) TO THE MAXIMUM EXTENT PROVIDED BY LAW, BE BROUGHT SOLELY IN THE STATE DISTRICT COURTS OF FRANKLIN COUNTY, OHIO.

Revisions

SYGMA may revise these Terms at any time by posting updates. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Copyright © 2004 The SYGMA Network, Inc. All rights reserved. The SYGMA Network, Inc. 5550 Blazer Pkwy, Dublin, OH 43017

 
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