August 28, 2018
Allegiant International, LLC Resource Portal
Terms of Service
Last Updated: May 25, 2017
These Terms of Service (“Terms”) govern your access and use of the Resource Portal made available to you by Allegiant International, LLC (“Allegiant”) at a designated web address (that portal and its contents, together, “Service”).
Allegiant reserves the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service.
2. License. Provided you comply with these Terms, Allegiant grants you a limited, revocable, nontransferable, nonassignable, nonexclusive license to access the Service solely to identify possible resources to engage, through Allegiant, for the provision of professional services. These Terms commence upon your first access to or use of the Service and will continue in effect until terminated in accordance with these Terms.
3. Resource Availability and Engagement. The availability of the individuals identified in the Service (“Resources”) and the information pertaining to Resources (e.g., “eCards,” Resource qualifications, and biographies) may change at any time without notice to you. Availability of Resources may be limited and may not be available in certain areas. Any engagement of a Resource will be subject to additional terms.
4. Access to the Portal. You will be given a password to access the Service. As more fully explained in the written agreement between you and Allegiant, you are responsible for maintaining the confidentiality of all information related to the Service, including any password Allegiant provides to you.
5. Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Allegiant or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Allegiant or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly set forth in these Terms, no licenses or other rights, express or implied, are granted by Allegiant to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Allegiant.
Copyright © 2017 Allegiant International, LLC. All rights reserved.
6. Use of the Service; Compliance with Laws.
a. You may not copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without the prior written consent of Allegiant. You may not use the Service for unlawful purposes. You may not access, use, or copy any portion of the Service or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Service or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Allegiant.
b. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Service.
7. Termination. Allegiant may terminate your access to the Service and these Terms without notice or liability if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination of these Terms you must promptly cease accessing and using the Service.
8. NO WARRANTY. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER ALLEGIANT NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE SERVICE. ALLEGIANT MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SERVICE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. ALLEGIANT DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE. ALLEGIANT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ALLEGIANT IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLEGIANT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. ALLEGIANT HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. ALLEGIANT MAKES NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLEGIANT OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
9. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALLEGIANT, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF ALLEGIANT HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ALLEGIANT’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification. You will indemnify and hold harmless Allegiant, its affiliates, and its and their respective directors, officers, employees, attorneys, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your engagement of Resources, your violation of applicable laws or regulations, or your violation of these Terms. If Allegiant demands indemnity under this section, Allegiant has the right to select legal counsel of its own choosing to represent Allegiant, and you agree to pay the reasonable costs and attorneys’ fees incurred by such legal counsel.
12. Feedback. Allegiant welcomes comments regarding the Service. If you submit comments or feedback to Allegiant regarding the Service, they will not be considered or treated as confidential. Allegiant may use any comments and feedback that you send Allegiant in its discretion and without attribution or compensation to you.
13. Disputes. These Terms are governed by the laws of the state of Indiana, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Marion County, Indiana, with respect to any dispute arising under these Terms unless otherwise determined by Allegiant in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts. In the event you breach any provision of these Terms, you agree to pay Allegiant’s costs and expenses, including reasonable attorneys’ fees incurred as a result of such breach The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Service must be commenced within one year after the cause of action or claim arises.
14. Assignment. Allegiant may assign its rights and delegate its duties under these Terms at any time to any party without notice to you. You may not assign these Terms without Allegiant’s prior written consent.
15. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification and limitation of Allegiant’s liability) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
17. Contact Us. Please direct any questions and concerns regarding these Terms or the Service to Allegiant at 1-866-841-3671