Linking Third Party Sites
You are granted a limited, non-exclusive right to create a hyperlink to this
Site provided such link does not portray First Insight, its licensors or
third party suppliers, or any of their products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not use a
First Insight logo or other proprietary graphic or trademark of First Insight
to link to this Site without the express written permission of First Insight.
This limited right may be revoked at any time.
First Insight makes no claim or representation
regarding, and accepts no responsibility for, the quality,
content, nature or reliability of Websites accessible by
hyperlink from this Site, or Websites linking to this Site.
The linked Websites are not under the control of First Insight
and First Insight is not responsible for the content of any
linked Website or any link contained in a linked Website,
or any review, changes or updates to such Websites. First
Insight is providing these links to you only as a convenience,
and the inclusion of any link does not imply affiliation,
endorsement, or adoption by First Insight of the Website
or any information, products or services contained therein.
When leaving the First Insight Site, you should be aware
that First Insight's terms and policies no longer govern,
and, therefore, you should review the applicable terms and
policies, including privacy and data gathering practices,
of that Site.
" AS IS" BASIS. THIS SITE AND THE PRODUCTS, SERVICES, CONTENT AND OTHER
MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE
OF THIS SITE, INCLUDING ALL PRODUCTS, SERVICES, THIRD PARTY CONTENT, DATA OR
OTHER MATERIAL OR CONTENT DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH
THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. FIRST INSIGHT DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE
INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON
THE SITE. FIRST INSIGHT DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. FIRST INSIGHT IS NOT RESPONSIBLE
FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT, OR PHOTOGRAPHY. WHILE FIRST INSIGHT ATTEMPTS TO ENSURE
YOUR ACCESS AND USE OF THE SITE IS SAFE, FIRST INSIGHT CANNOT
AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S)
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
First Insight reserves the right
to change any and all content contained on this Site at
any time without notice. Reference to any products, services,
processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof
by First Insight.
Limitation of Liability
IN NO EVENT SHALL FIRST INSIGHT BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS
OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH,
THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY
OF FIRST INSIGHT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
OUT OF OR RELATING TO THE USE OF FIRST INSIGHT'S SITE
EXCEED THE LESSOR OF THE COMPENSATION YOU PAID FIRST INSIGHT FOR
ACCESS TO OR USE OF THIS SITE OR $50.00.
You agree to indemnify, defend and hold First Insight harmless
from and against any claims, actions, lawsuits, damages,
proceedings or other liability ("Liabilities")
arising from or in connection with your use of the Site
in violation of these Site Terms, including without limitation
your violation of the Limitation on Site Access provisions,
the Copyright and Trademark provisions, the Third-Party
Content provisions, and the Linking provisions set forth
Notwithstanding any of these terms and conditions, First
Insight reserves the right, without notice and in its
sole discretion, to terminate your license to use the
Site, and to block or prevent future access to and use
of the Site.
If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability
of any remaining provisions.
Any refusal or failure of First Insight to enforce any
provision of these Site Terms against a person or entity
in violation of or violating a provision shall not under
any circumstances constitute consent to such violation,
a waiver of the provision or a waiver of First Insight's
right to enforce the provision against any person or
entity violating such provision at any time upon discovery
of the violation or anytime thereafter.
Applicable Law and Venue
These terms and conditions shall be governed by and construed
in accordance with the laws of the State of Oregon applicable
to agreements made and entirely to be performed within
the State of Oregon without resort to its conflict of
law provisions. You agree that any action at law or in
equity arising out of or relating to these terms and
conditions shall be filed only in State or Federal Court
located in Portland, Oregon and you hereby irrevocably
and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or
proceeding arising out of these terms and conditions.