Ansir.com - Terms Of Service

Acceptance of Terms of Use

These website services are provided to you by ANSIR® Communications, Inc. ("ANSIR") under these Terms of Service. Although portions of ANSIR may be viewed simply by visiting the Site, access to personalized or business software services from ANSIR is by means of subscription or licensing. BY SIGNING ON TO ANSIR, COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of ANSIR online facilities. ANSIR shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter ANSIR. The Terms of Service for your continued use of ANSIR will be available throughout ANSIR. Please check these areas before using ANSIR to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with ANSIR immediately (i) by notifying us of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of ANSIR. Your continued use of ANSIR will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time ANSIR may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on ANSIR to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

Registration Information/Privacy Policy

When you register for ANSIR, you will be required to provide ANSIR with the following information: your first name, email address, gender, age, occupation, marital status, zip code, member name and password. In addition, upon completion of the 3 Sides of You® Profiler™, you will be given an ANSIR Thinking/Working/Emoting profile plus profile Boss. This will follow you throughout your ANSIR experience. You may alter your record at any time during the term of your subscription.

ANSIR will not sell to any third party your name, email address or member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. ANSIR allows access to database information by third parties providing technical services, but only to the extent necessary to provide you with those services. In those instances, the third party is bound by these terms. Your informed consent shall be in the form of an "opt in" or similar policy. You understand and agree that, with your informed consent, ANSIR may create a personalized shopping service, personalized advertising or personalized consumer research involving the ANSIR personality styles. You will always have the option to "opt out" by accessing your changeable ANSIR account information in the database. In addition, you agree that ANSIR may assign, sell, license, or otherwise transfer to a third party, your name, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of ANSIR or its affiliated entities. ANSIR reserves the right to offer you third party services and products based on your personality Style; such offers may be provided to you by ANSIR.

Termination

ANSIR reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access ANSIR and/or any other service provided to you by ANSIR upon any breach by you of the Terms of Service.

You agree that any termination of your access to the services may occur without refund and without prior notice to you. You also acknowledge that ANSIR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or services. Further, you agree that ANSIR shall not be liable to you or any third-party for any termination of your access to services.

Modifications of these Terms of Service

ANSIR may modify these Terms of Service from time to time in its sole discretion. Each time you log on to ANSIR, you will be deemed to have accepted any such changes.

Modifications of the ANSIR Web site

ANSIR may modify or discontinue ANSIR with or without notice to you and without liability to you or any third party.

Third Party Services

You may order services or merchandise through ANSIR from other persons not affiliated with ANSIR ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. ANSIR makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider ANSIR nor will ANSIR be construed as a party to such transactions, whether or not ANSIR may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

ANSIR may include special routing icons which may be located within ANSIR, the activation of which will allow you to access and learn more about ANSIR and other services provided by ANSIR or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

Registration and Password

You are responsible for maintaining the confidentiality of your account information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ANSIR of any unauthorized use of your registration or password.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ANSIR IS AT YOUR SOLE RISK. ANSIR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANSIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ANSIR MAKES NO WARRANTY THAT ANSIR WILL MEET YOUR REQUIREMENTS, OR THAT ANSIR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ANSIR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANSIR. ANSIR WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ANSIR.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANSIR IS AT YOUR OWN DISCRETION AND RISK 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 AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT ANSIR DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ANSIR. ANSIR IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT ANSIR IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ANSIR ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

ANSIR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANY FORUM OF ANSIR. YOUR PARTICIPATION IN ANSIR IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANSIR OR THROUGH ANSIR SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ANSIR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANSIR OR ANY TRANSACTIONS ENTERED INTO THROUGH ANSIR.

ANSIR IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE the ANSIR' Websites. As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against ANSIR with respect to such sites.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, ANSIR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. ANSIR specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting an advertisement on ANSIR, you are promising that the content of your advertisement is true and that you will indemnify ANSIR against any claims which may arise from your advertisements. By responding to an advertisement on ANSIR, you waive any claims against ANSIR for damages arising from such advertisement or your reliance upon statements in such advertisement.

Limitation of Liability

ANSIR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ANSIR OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ANSIR OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ANSIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold each of ANSIR, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ANSIR, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of laws provisions.

Remedies for Breach of these Terms by You

In the event that ANSIR determines, at its sole discretion, that you have breached any portion of these Terms of Service ANSIR reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to ANSIR, (iii) delete all content provided by you to ANSIR, (iv) discontinue your registration with ANSIR (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which ANSIR deems to be appropriate.

Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

Any dispute, controversy or claim of any kind or nature between the parties arising out of or relating to this Agreement shall at the request of either party be determined by arbitration. THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE UNITED STATES ARBITRATION ACT (TITLE 9, U.S. CODE). NOTWITHSTANDING ANY CHOICE OF LAW PROVISION IN THIS AGREEMENT, AND UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA RULES"). The arbitrator(s) shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The arbitration shall be held in Huntsville, Alabama. Notwithstanding a contrary rule of law or rule of the AAA Rules: (i) the arbitrator(s) shall not access punitive or exemplary damages against any party; and (ii) each party shall pay its own costs and expenses including all attorney's fees relating to such arbitration. The arbitrator shall determine which portion of the fees and expenses charged by the arbitrator shall be paid by each of the parties.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

ANSIR may assign its rights and obligations under these Terms of Service and upon such assignment ANSIR may be relieved of any further obligation hereunder.

You represent to ANSIR that you have the authority to register with ANSIR according to these Terms of Service.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on ANSIR by ANSIR) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of ANSIR, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

ANSIR reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice on the Website.

ANSIR® TERMS OF USE