OnePIN Security - Terms of Use

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OnePIN Security

Privacy Statement

OnePIN^® Website, OnePIN^® Number, and OnePIN^® Synchronizer
Terms of Use and Notices

Effective date: August 20, 2003. Supercedes all previous versions.

AGREEMENT BETWEEN YOU AND ONEPIN, INC.

This Terms of Use and License Agreement ("Agreement") is made between OnePIN, Inc. ("Company") and any person ("You" or "Your") who completes the appropriate registration process and uses the OnePIN Website (www.onepin.com), OnePIN Number and/or the OnePIN Synchronizer software (collectively, the "OnePIN Services").

BY ACCESSING, USING OR INSTALLING ANY PART OF THE ONEPIN SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT ACCESS, USE OR INSTALL ANY PART OF THE ONEPIN SERVICE.

This Terms of Use and Notices applies to the OnePIN Web Site and does not apply to the content of third parties.

Proprietary Information
Privacy And Protection Of Personal Information
Member Account, Password, And Security
Subscription-Based Services
Modification Of These Terms Of Use
Personal And Non-Commercial Use Limitation
Links To Third Party Sites
Use Of Services
Materials Provided To OnePIN Or Posted At OnePIN Web Site Or OnePIN Account
Software And Content Available Through The OnePIN Services
Disclaimer Of Warranties
Limitation Of Liability
Indemnification
Termination/Access Restriction
No Spam; Damages
General
Copyright And Trademark Notices

1. PROPRIETARY INFORMATION

You acknowledge and agree that the OnePIN Services are the PATENTED TECHNOLOGY AND SERVICES of the Company, and the Company retains all right, title, and interest in the OnePIN Services, including but not limited to the OnePIN website, OnePIN Number, OnePIN Synchronizer and any text, software, graphics or other material contained or maintained on the OnePIN website ("Content"). All Content (excluding content that may be made available by end-users) is owned by the Company and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Company does not claim ownership of the materials You provide to the Company (including feedback and suggestions) or post, upload, input or submit to any ONEPIN Site or its associated services for review by the general public, or by the members of any public or private community.

The Company agrees to provide You with a personal, non-exclusive, nontransferable, limited, revocable license to access and use the OnePIN Services for Your personal use, subject to the terms and limitations set forth in this Agreement. You have not been granted a license to use any source code, and may not store any copies of such in any form.

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2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at www.onepin.com/Help/Membership/PrivacyStatement.aspx for disclosures relating to the collection and use of Your personal information.

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3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

When OnePIN Service requires You to open an account, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a username. You are entirely responsible for maintaining the confidentiality of Your password. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify the Company immediately of any unauthorized use of Your account or any other breach of security. The Company will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by the Company or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

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4. SUBSCRIPTION-BASED SERVICES

Individual Subscriptions:
ONEPIN Services are offered to You conditioned on Your purchase of a subscription. If You register to subscription-based OnePIN Services, You warrant that all information that You submit is true and accurate (including without limitation Your credit card number and expiration date), and You agree to pay all subscription fees You incur plus all applicable taxes. You may cancel Your subscription to any fee-based services by signing in to Your OnePIN account and clicking the Account Management link. If You purchase a subscription from a source other than the Company, other cancellation and refund terms may apply. You will not be charged the annual subscription fee thereafter the cancellation (but there are no refunds of subscription fees previously paid and for unused remaining time period of membership). No cancellation of access to free services or to non-renewing subscriptions is required. Your subscription is personal to You, and You may not transfer or make available Your account to others. Any distribution by You of Your account may result in cancellation of Your subscription without refund and in additional charges based on unauthorized use.

Institutional Subscriptions:
OnePIN Services are also available to schools, and other organizations, conditioned on the purchase of a volume subscription and acceptance of the terms of any associated subscription agreement ("Institutional Subscribers"). In addition, subject to purchase of a subscription and payment of any associated fees, the Company grants such Institutional Subscribers the non-assignable, terminable, non-exclusive right to access and use, and the right to authorize Institutional Subscriber's Authorized Users to access and use subscription-based services in accordance with the terms and conditions set forth herein. For purposes of this Agreement, "Authorized Users" may include students, teachers, faculty members, and/or other employees or users of an Institutional Subscriber for whom the Institutional Subscriber has paid a fee to permit use of OnePIN Services. Institutional Subscriber shall use reasonable care to prevent unauthorized use of subscription-based services, and shall be solely responsible for all access to and use of the subscription-based services, whether or not Institutional Subscriber has knowledge of or authorizes such access and use. The Company retains the right to audit Institutional Subscriber monthly. Institutional Subscriber shall promptly notify the Company of any infringements of copyrights on the subscription-based services or any unauthorized use of the subscription-based services of which they become aware. Institutional Subscriber shall cooperate with the Company in any investigation of such infringements or unauthorized uses. The Company shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses; provided that the Company will not bring an action against any Authorized User without first consulting with Institutional Subscriber. Institutional Subscriber shall cooperate with the Company in any such action, in such manner as The Company may reasonably request and at The Company's expense. In the event of any infringement or unauthorized use by an Authorized User, Institutional Subscriber shall take all reasonable steps to cause such Authorized User to cease such activity and to prevent any recurrence thereof. The Company reserves the right to immediately terminate this Agreement and/or access to OnePIN Services by Institutional Subscriber or by Authorized User(s) for violation of the terms and conditions of this Agreement.

To Unsubscribe from OnePIN
Go to www.onepin.com, and sign in. You can delete your account by signing into your account, clicking on the “Account Management” link on the left hand side, selecting “Cancel Account” and following the online instructions.

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5. MODIFICATION OF THESE TERMS OF USE

The Company reserves the right to change the terms, conditions, and notices under which the OnePIN Services are offered, including but not limited to the charges associated with the use of the OnePIN Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. OnePIN will post updated versions of the Terms and Use of Notices on the website at www.onepin.com.Your continued use of the OnePIN Services constitutes Your agreement to all such terms, conditions, and notices.

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6. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the OnePIN Services are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the OnePIN Services (including but not limited to contact lists and mailing lists).

Without the advance express written permission of the Company, You may not ‘meta-search’ the OnePIN Services, send, or cause to be sent, any automated queries of any sort to the OnePIN Services, or use the OnePIN Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any OnePIN Services to determine how a web site “ranks” on any OnePIN Services.

You will not use the OnePIN Service for any illegal purposes or for the transmission of any material that is unlawful, invasive of another's privacy, or otherwise objectionable, or that infringes or may infringe the intellectual property rights or other rights of another.

You will not use the OnePIN Service for junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and You will not create or keep a list of OnePIN Service subscribers (specifically but not limited to OnePIN Numbers and any other contact data) for commercial use or sale or transfer to third parties.

You will not modify, translate, reverse engineer, de-compile, disassemble, create derivative works based on, or copy any feature of the OnePIN Services.

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7. LINKS TO THIRD PARTY SITES

The OnePIN Services and member accounts may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site nor is the Company responsible if the Linked Site is not working appropriately. The Company is providing a platform for the users to share these links as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties included within the OnePIN Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.

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8. USE OF SERVICES

As a condition of Your use of the OnePIN Services, You will not use the OnePIN Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the OnePIN Service(s) in any manner that could damage, disable, overburden, or impair any OnePIN Service(s) (or the network(s) connected to any OnePIN Service(s)) or interfere with any other party's use of any OnePIN Service(s). You may not attempt to gain unauthorized access to any OnePIN Service, other accounts, computer systems or networks connected to any OnePIN Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the OnePIN Services.

You represent and warrant that you are at least 16 years of age and that you possess the legal right to use OnePIN Services in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access OnePIN Services.

By way of example, and not as a limitation, You agree that when using a OnePIN Services, You will not:

Use the OnePIN Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through the OnePIN Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Use meta tag searches on the web sites.
Restrict or inhibit any other user from using the OnePIN Services.
Violate any code of conduct or other guidelines, which may be applicable for any particular OnePIN Services.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an OnePIN Service(s) or OnePIN Numbers, or other user or usage information or any portion thereof.

The Company has no obligation to monitor the OnePIN Services. However, the Company reserves the right to review materials posted to the OnePIN Services and to remove any materials in its sole discretion. The Company reserves the right to terminate Your access to any or all of the OnePIN Services at any time, without notice, for any reason whatsoever.

The Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifiable information about Yourself or Your children in any OnePIN Services. The Company does not control or endorse the content, messages or information found in any OnePIN Services and, therefore, The Company specifically disclaims any liability with regard to the OnePIN Services and any actions resulting from Your participation in any OnePIN Services.

Materials uploaded to a OnePIN Services may be subject to posted limitations on usage, reproduction and/or dissemination, You are responsible for adhering to such limitations if You download the materials.

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9. MATERIALS PROVIDED TO ONEPIN OR POSTED AT ANY ONEPIN WEB SITE OR ONEPIN ACCOUNT

The Company does not claim ownership of the materials You provide to OnePIN Services (including feedback and suggestions) or post, upload, input or submit to any OnePIN Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") Your Submission You are granting the Company, its affiliated companies and necessary sub licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all OnePIN Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission (at the access level you have designated); to publish Your name in connection with Your Submission; and the right to sublicense such rights to any supplier of a OnePIN Service.

No compensation will be paid with respect to the use of Your Submission, as provided herein. The Company is under no obligation to post or use any Submission You may provide and the Company may remove any Submission at any time in its sole discretion.

By Posting a Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

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10. SOFTWARE AND CONTENT AVAILABLE THROUGH THE ONEPIN SERVICES

All content, OnePIN Number and software that is made available to view and/or download in connection with the OnePIN Services, excluding content and/or software that may be made available by end-users through a OnePIN Services, ("Software") is owned by and is the Patented technology of the Company and is the copyrighted work of the Company is protected by patent and copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, the Company hereby grants to You, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular OnePIN Service in accordance with these Terms of Use, and for no other purpose provided that You keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

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11. DISCLAIMER OF WARRANTIES

You expressly agree that use of the OnePIN Services is at Your sole risk. The OnePIN Services are provided on an "as is" and "as available" basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company makes no warranty that the OnePIN Services will meet Your requirements, or that the OnePIN Services will be uninterrupted, timely, secure, error free, that defects will be corrected, or that the Company's site or the server that makes it available are free from viruses or other harmful components. Furthermore, the Company makes no warranty as to the results that may be obtained from the use of the OnePIN Services or as to the accuracy or reliability of any information obtained through the OnePIN Services.

You understand and agree that any material downloaded or otherwise obtained through the use of the OnePIN Services is done at Your own discretion and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material.

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12. LIMITATION OF LIABILITY

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ONEPIN SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN ONEPIN SERVICE. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ONEPIN SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ONEPIN SERVICES, WITH THE DELAY OR INABILITY TO USE THE ONEPIN SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE ONEPIN SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ONEPIN SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONEPIN SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONEPIN SERVICES.

FOR PURPOSES OF THIS SECTION, THE “COMPANY” SHALL INCLUDE ONEPIN, INC., ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, AND THEIR SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS.

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13. INDEMNIFICATION

You agree to indemnify, hold harmless and defend the Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, demand or liability, including reasonable costs and attorney's fees, asserted by any third party, arising out of or relating to this Agreement, Your use of the OnePIN Service, or the infringement by You (or other user of the OnePIN Service using Your computer), of any intellectual property or other right of any person or entity.

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14. TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate Your access to any or all OnePIN Services and the related services or any portion thereof at any time, without notice.

The Company may also terminate or suspend Your access to OnePIN Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by the Company. The amount of time that the Company currently considers as an "extended" period is 12 (twelve) months. Upon termination of the OnePIN Service, Your right to use the OnePIN Service immediately ceases.

The Company shall have no obligation to maintain any content or to forward any content to You or any third party.

All provisions in this Agreement which operate to protect the proprietary rights of the Company and the confidentiality of the information entered into and accessed through the OnePIN Service will survive the termination of this Agreement.

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15. NO SPAM; DAMAGES

The Company will immediately terminate any account which it believes, in its sole discretion, is transmitting or is collecting OnePIN Numbers for spamming purposes, is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then You agree to pay the Company liquidated damages of $15 for each OnePIN Number used for spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay the Company's actual damages, to the extent such actual damages can be reasonably calculated.

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16. GENERAL

This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provision. You and the Company agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and waive Your right to venue outside of this jurisdiction.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The Company's failure or delay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed by the Company in writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of this agreement or use of the ONEPIN Services.

You agree to indemnify and hold The Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of Your use of or conduct on the OnePIN Services.

The Company reserves the right to disclose any personal information about You or Your use of the OnePIN Services, including its contents, without Your prior permission if The Company has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Company or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.

The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Company's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the OnePIN Services or information provided to or gathered by The Company with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Company with respect to the OnePIN Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the OnePIN Services.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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17. COPYRIGHT AND TRADEMARK NOTICES

All contents of the OnePIN Web Sites are:

Any rights not expressly granted herein are reserved.

For information regarding the OnePIN Privacy Statement click here.

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