DIGITIZE IT NOW, INC TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. Digitize It Now, Inc. may revise and update these Terms and Conditions at any time. Your continued usage of the DigitizeItNow.com Web site ( “DigitizeItNow.com Site,” or the “Site,” ) will mean you accept those changes.
INDEX
USE OF CONTENT
LIABILITY OF DIGITIZE IT NOW, INC AND ITS LICENSORS
USER SUBMISSIONS
ADVERTISEMENTS AND LINKS TO OTHER SITES
INDEMNITY
GENERAL
JURISDICTION
COMPLETE AGREEMENT
USE OF CONTENT
DigitizeItNow.com authorizes you to view or download a single copy of the material on the DigitizeItNow.com Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2008, Digitize It Now, Inc. All rights reserved” and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the ItNow.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Digitize It Now, Inc. or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of DigitizeItNow.com. All rights not expressly granted herein are reserved to DigitizeItNow.com and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF DIGITIZE IT NOW, INC AND ITS LICENSORS
The use of the DigitizeItNow.com Site and the Content is at your own risk.
When using the DigitizeItNow.com Site, information will be transmitted over a medium which is beyond the control and jurisdiction of DigitizeItNow.com and its suppliers. Accordingly, DigitizeItNow.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the DigitizeItNow.com Site.
The DigitizeItNow.com Site and the content are provided on an “as is” basis. DigitizeItNow.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, DigitizeItNow.com, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the ItNow.com Site.
The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the DigitizeItNow.com Site.
In no event shall Digitize It Now, Inc., its licensors, its suppliers, or any third parties mentioned on the DigitizeItNow.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the DigitizeItNow.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DigitizeItNow.com is advised of the possibility of such damages. Digitize It Now, Inc. shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. DigitizeItNow.com is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Area (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted–DigitizeItNow.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. DigitizeItNow.com may sublicense its rights through multiple tiers of sublicenses.
ADVERTISEMENTS AND LINKS TO OTHER SITES
DigitizeItNow.com does not endorse the content on any third-party websites. DigitizeItNow.com is not responsible for the content of linked third-party sites, sites framed within the DigitizeItNow.com Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. DigitizeItNow.com does not endorse any product advertised on the DigitizeItNow.com Site.
INDEMNITY
You agree to defend, indemnify, and hold Digitize It Now, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Digitize It Now, Inc. is based in Knoxville, Tennessee, in the United States of America. DigitizeItNow.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the DigitizeItNow.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Digitize It Now, Inc., or in any way relating to your use of the DigitizeItNow.com Site, resides in the courts of the State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee in connection with any such dispute including any claim involving Digitize It Now, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Tennessee without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice” on the DigitizeItNow.com Site, these Terms and Conditions constitute the entire agreement between you and DigitizeItNow.com with respect to the use of the DigitizeItNow.com Site, and Content. Your use of the DigitizeItNow.com Site is also subject to the DigitizeItNow.com Privacy Policy.
Thank you for your cooperation. We hope you find the DigitizeItNow.com Site helpful and convenient to use. Questions or comments regarding this website should be directed by electronic mail to or via U.S. mail to Digitize It Now, Inc at 12752 Kingston Pike, Suite 103, Farragut, TN 37934.
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