24 July 2006

Web site Legal Notices and Terms of Use

Welcome to the Viamericas Web site (“the Site”). This site is owned by Viamericas Corporation. For your protection and ours, we provide the following notices and rules for using the Site (“Terms of Use”). By accessing the Site, you acknowledge these notices and agree to follow these rules. Please review these notices periodically as they may change.

Privacy. We have taken steps to protect your privacy in using the Site and in using the services of Viamericas. Visit our Privacy page to learn about our privacy policy and practices and to indicate your privacy preferences.
Please remember when you link to Web sites operated by other parties that they may have different privacy policies and different methods for registering your privacy preferences. Viamericas is not responsible for the privacy practices of other Web site operators and service providers.

Customer Agreement. Services ordered from Viamericas are subject to our Customer Agreement.

Lawful Use. You must not violate any applicable federal, state, or local laws of the United States or of other countries when you access or use this Site or the services of Viamericas. We will take appropriate steps to prevent unlawful activities and to cooperate with law enforcement or regulatory authorities.

Copyright, Trademarks, and Other Intellectual Property. The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of Viamericas or other parties. You must have their permission in writing to copy any of the Marks or use them for any purpose, including reproducing the Marks on other Web sites or in metatags or World Wide Web domain names. All of the information and software published, accessed, or used on the Site (“Content”) is protected by copyright. You may not copy, modify, publish, distribute, or transmit Content for commercial or public purposes without written permission from Viamericas (or from a third-party copyright holder, where applicable. You also may not sell or license Content to others, or use Content to create derivative works, without such written permission.

Digital Millennium Copyright Act. Our General Counsel is registered as our agent with the United States Copyright Office under the Digital Millennium Copyright Act (“DMCA”). Viamericas claims the protections afforded under the DMCA and reserves the right to remove any Content that allegedly infringes the copyright of a third party. Notices to Viamericas concerning any alleged copyright infringement on the Site should be e-mailed to counsel@viamericas.com or mailed to the following address:

Viamericas Corporation
Attn: General Counsel
4641 Montgomery Avenue Suite 400
Bethesda, MD 20814-33415

NO WARRANTIES. Except where the Site expressly says otherwise, and to the extent permitted by law, the following applies:

VIAMERICAS PROVIDES ALL CONTENT AND SERVICES ON THE SITE, AND ANY CONTENT OR SERVICES LINKED FROM THE SITE, "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR RELIABILITY.

Viamericas does not endorse and is not responsible for the accuracy of any statement, opinion, or advice given by anyone other than Viamericas.

Viamericas does not endorse and is not responsible for the reliability of any product or service offered by anyone other than Viamericas.

LIMITATION OF LIABILITY. Except as provided in the Customer Agreement, and to the extent permitted by law, the following applies:

VIAMERICAS DISCLAIMS ANY LIABILITY FOR LOSSES ARISING FROM INACCURACIES OR ERRORS IN THE CONTENT OR SERVICES PROVIDED OR LINKED THROUGH THE SITE.

VIAMERICAS DISCLAIMS ANY LIABILITY FOR PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES AND ADVERTISED ON OR LINKED FROM THE SITE.
YOU AGREE THAT VIAMERICAS, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE ON ANY LEGAL OR EQUITABLE GROUNDS FOR INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM THE CONTENT OR SERVICES PROVIDED THROUGH THE SITE OR ANY LINKED SITE; ANY LOSSES ARISING FROM A DELAY OR INTERRUPTION IN THE PROVISION OF CONTENT OR SERVICES THROUGH THE SITE OR ANY LINKED SITES; INADVERTENT OR NEGLIGENT HARM TO YOU OR YOUR ELECTRONIC SERVICES OR DEVICES (INCLUDING, WITHOUT LIMITATION, THE TRANSMISSION OF COMPUTER VIRUSES AND UNAUTHORIZED ACCESS BY THIRD PARTIES);FAILURE TO ENSURE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE; THE PUBLICATION OR USE OF PERSONAL\ INFORMATION PROVIDED BY OR ABOUT YOU TO A THIRD PARTY, INCLUDING WITHOUT LIMITATION INFORMATION THAT YOU PROVIDE TO A LINKED SITE, CHAT ROOM, DISCUSSION GROUP, OR BULLETIN BOARD.

Indemnity You agree to indemnify, defend and hold harmless Viamericas, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs, including without limitation attorneys fees, arising from: (i) your violation of this Agreement; (ii) your use of the site; and (iii) any intentional wrongdoing. Viamericas reserves the right, at our expense, to participate in the defense or settlement process. Viamericas also reserves the right to report any wrongdoing that we become aware of to the appropriate public authority.

“Cookie” Files. Viamericas reserves the right to store information on your computer or other electronic device in the form of a "cookie" or similar file. We use such files to present the Site to you more quickly and in a way that is tailored to your pattern of use and stated preferences. We may also use cookies to aid in fraud prevention and security. You may delete or disable our cookie file after each visit to our Site, but this will slow your access to the Site on the next visit. (See our Privacy page for further information.)

Changes to the Terms of Use. Viamericas may change the Terms of Use at any time, by posting a revised version on the Site. By using the Site thereafter, you agree to abide by the revised Terms of Use.

Violations of the Terms of Use. Viamericas reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address or service provider to the Site.

Governing Law and Forum. Any disputes arising from or in connection with these Terms of Use shall be governed by the laws of the State of Maryland, USA, or by applicable US federal law, without regard to their provisions with respect to conflicts of law. Any disputes shall be submitted to the court of competent jurisdiction in Montgomery County, Maryland or to the US Federal District Court for the District of Maryland.