ACCEPTANCE OF TERMS
American Achievement Corporation makes available for your use on this Web
site (the "Site") information, documents, software and products
(collectively, the "Materials") and various services (the "Services"),
subject to the terms and conditions set forth in this document (the "Terms
of Use"). By accessing this Site, you agree to the Terms of Use. American
Achievement Corporation reserves the right to change the Terms of Use from
time to time at its sole discretion. Your use of the Site will be subject
to the most current version of the Terms of Use posted on the Site at the
time of such use. In addition, when using, accessing, or retrieving particular
Materials or Services on this Site, you shall be subject to any posted guidelines
or rules applicable to such Materials or Services that may contain terms
and conditions in addition to those in the Terms of Use. All such guidelines
or rules are hereby incorporated by reference into the Terms of Use. If
you breach any of the Terms of Use, your authorization to use this Site
automatically terminates and you must immediately destroy any Materials
or Services downloaded, cached, retrieved, printed, or stored from the Site.
INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
The Materials and Services on this Site are protected by patent law, copyright
law, publicity rights law, moral rights law, trade secret law, trade dress
law, trademark law, unfair competition law, and/or other similar protections
(hereafter referred to as "Intellectual Property Rights") and
any unauthorized use of the Materials or Services at this Site may violate
such laws. Except as expressly provided herein, American Achievement Corporation
and its suppliers do not grant any express or implied right to you under
any Intellectual Property Rights with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information
or documents on this Site may be reproduced in any form or by any means
without the prior written permission of American Achievement Corporation.
Use of Software. The software and accompanying documentation that are
made available to download, retrieve, access, store or print from this
Site are the copyrighted works of American Achievement Corporation and/or
its suppliers. Use of the software is governed by the terms of the end
user license agreement that accompanies or is included with such software.
You will not be able to download or install any software that is accompanied
by or includes an end user license agreement unless you agree to the terms
of such end user license agreement. If you do not agree to such terms,
you will not be able to use the software. You may not decompile, decrypt,
decipher, disassemble, reverse engineer or otherwise attempt to discover
the source code of the software available on the Site.
Use of Site Information. Except as otherwise indicated elsewhere on this
Site, you may view, download, retrieve, access, store and print the documents
and information available on this Site subject to the following conditions:
1. The documents and information may be used solely for personal, informational,
educational, non-commercial purposes.
2. The documents and information may not be modified or altered in any
way.
3. You may not remove any copyright or other proprietary notices contained
in the documents and information.
4. American Achievement Corporation reserves the right to revoke the
authorization to view, download, retrieve, access, store and print the
documents and information available on this Site at any time, and any
such use shall be discontinued immediately upon written notice from American
Achievement Corporation.
5. The rights granted to you constitute a license and not a transfer
of title.
6. You may not sell or resell Materials and Services.
7. You may not modify, reproduce, display, publicly perform or otherwise
use the Materials and Services in any way not expressly authorized under
the Terms of Use.
8. You may not use the Materials and Services on any other web site or
in any other networked computer environment for any purpose.
9. You shall not copy or adapt the HTML or other code that American Achievement
Corporation creates to generate pages on the Site.
10. The pages and elements on this Site are protected by Intellectual
Property Rights, owned by American Achievement Corporation, and are not
licensed hereby. You may not copy or imitate, in whole or in part, the
pages and elements on this Site. The rights specified above to view, download,
retrieve, access, store and print the documents and information available
on this Site are not applicable to the design or layout of this Site.
Cookies. You acknowledge that the Site uses cookies on certain pages
and that many features and services on the Site may be available only
through the use of a cookie. You expressly authorize American Achievement
Corporation to generate and utilize cookies that shall be stored on the
hard drive of the computer used to access the Site. You are free to decline
cookies if your browser permits, but some loss of the features, Materials
and Services offered via the Site may occur as a result.
No Exclusive Rights. No exclusive right of any kind is granted to you
under the Terms of Use.
Derivative Works. You are prohibited from creating derivative works or
other modifications of any of the Materials and Services or of any portion
of the Site. If you create derivative works of the Materials and Services
or of any portion of the Site through the written permission of the Site
or otherwise, you hereby assign, transfer and set overall worldwide rights,
title and interest, including all Intellectual Property Rights, to any
and all portions of such derivative works, unless otherwise specified
in writing. You agree to execute all necessary documents and cooperate
fully with American Achievement Corporation in order to perfect any assignments
required by the Terms of Use.
Redistribution. You are prohibited from redistributing any of the materials
provided over the Site in any form of printed or electronic communication
including expressly, but not limited to, magnetic media, the Internet
or photocopies.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account
number and/or password, if applicable. You are responsible for all uses
of your account, whether or not actually or expressly authorized by you.
User Authentication and Disputes. You acknowledge that, because user
authentication on the Internet is difficult, the Site cannot and does
not confirm that each user is who they claim to be. Because American Achievement
Corporation is not and cannot be involved in user-to-user dealings or
control the behavior of participants on the Site, in the event that you
have a dispute with one or more users, you hereby release American Achievement
Corporation (and its agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
CONFIDENTIAL INFORMATION; PRIVACY
Please note that, with the exception of credit card numbers, American
Achievement Corporation does not want to receive confidential or proprietary
information from you through our Site. Any non-personal information or
material sent to American Achievement Corporation will be deemed NOT to
be confidential. By sending American Achievement Corporation any non-personal
information or material, you grant American Achievement Corporation an
unrestricted, irrevocable license to use, reproduce, display, perform,
modify, transmit and distribute non-personal materials or information,
and you also agree that American Achievement Corporation is free to use
any ideas, concepts, know-how or techniques that you send us for any purpose.
However, we will not release your name or otherwise publicize the fact
that you submitted materials or other information to us unless: (i) you
grant us permission to do so; (ii) we first notify you that the materials
or other information you submit to a particular part of the Site will
be published or otherwise used with your name on it; or (iii) we are required
to do so by law.
Security. You expressly acknowledge that security risks are an inherent
risk of doing business on the Internet. In particular, you acknowledge
that third parties may unlawfully intercept or access transmissions or
private communications of yours. Although American Achievement Corporation
intends to use industry standard practices for securing the Site, you
acknowledge that American Achievement Corporation does not warrant or
represent that information communicated to or from the Site will be free
from tampering or interception by third parties. In particular, and not
withstanding any other provision in the Terms of Use, American Achievement
Corporation does not warrant that information communicated to or from
the Site shall not be disclosed to third parties or otherwise remain private.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND AMERICAN ACHIEVEMENT CORPORATION, ALL MATERIALS AND SERVICES ON
THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AMERICAN
ACHIEVEMENT CORPORATION MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS,
(v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED,
AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS MATERIALS AND SERVICES
WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO NINETY (90) DAYS FROM THE DATE YOU FIRST VIEW, DOWNLOAD, RETRIEVE,
ACCESS OR PRINT THE MATERIALS OR SERVICES.
THIS SITE COULD INCLUDE TECHNICAL MISTAKES, INACCURACIES, TYPOGRAPHICAL
ERRORS OR OTHER MISTAKES. AMERICAN ACHIEVEMENT CORP. MAY MAKE CHANGES
TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS
OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND AMERICAN ACHIEVEMENT
CORPORATION MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES OR
THAT OUT-OF-DATE MATERIALS OR SERVICES WILL OPERATE PROPERLY OR IN AN
ERROR-FREE MANNER. THE USE OF THE SITE AND THE MATERIALS AND SERVICES
IS AT YOUR OWN RISK.
AMERICAN ACHIEVEMENT CORPORATION ASSUMES NO RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR
SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO
OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL AMERICAN ACHIEVEMENT CORP. OR ITS SUPPLIERS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT AMERICAN
ACHIEVEMENT CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
ANY MATERIALS AND SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
AMERICAN ACHIEVEMENT CORPORATION OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Third-Party Web Sites. This Site contains links to third-party Web sites
that are not under the control of American Achievement Corporation. American
Achievement Corporation makes no representations whatsoever about any
other Web site to which you may have access through this Site. When you
access a non-American Achievement Corporation Web site, you do so at your
own risk and American Achievement Corporation is not responsible for the
accuracy or reliability of any information, data, opinions, advice, or
statements made on these sites or for the quality of any products or services
available on such sites. American Achievement Corporation provides these
links merely as a convenience and the inclusion of such links does not
imply that American Achievement Corp. endorses or accepts any responsibility
for the content or uses of such Web sites.
International Access. This Site can be accessed from other countries
around the world and may contain references to American Achievement Corporation
products, services, and programs that have not been announced in your
country. These references do not imply that American Achievement Corporation
intends to announce such products, services or programs in your country.
USER PROVIDED MATERIALS AND SERVICES; PROHIBITED COMMUNICATIONS
AND ACTIONS
Monitoring. American Achievement Corporation may, but is not obligated
to, monitor or review (i) any areas on the Site where users transmit or
post communications or communicate solely with each other, including but
not limited to chat rooms, bulletin boards or other user forums, and (ii)
the content of any such communications. American Achievement Corporation,
however, will have no liability related to the content of any such communications,
whether or not arising under the laws of copyright, libel, privacy, obscenity,
or otherwise.
Removal. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene, pornographic
or other material that would violate any law. American Achievement Corporation
may, but is not required to, remove or delete any Materials or Services
you have transmitted or posted to the Site without notice or comment to
you. You specifically agree to allow American Achievement Corporation
to do so without any liability or consequence to American Achievement
Corporation.
Specific Use Restrictions. You shall not use the Site in order to post,
transmit, distribute, store or destroy any information: (i) in violation
of any applicable law, statute, ordinance or regulation (including, without
limitation, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising); (ii) in a manner
that will infringe the Intellectual Property Rights of others or violate
the privacy, publicity or other personal rights of others; (iii) that
is defamatory, trade libelous, obscene, threatening, abusive or hateful;
(iv) that contains any viruses, Trojan horses, worms, time bombs, cancel
bots, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (v) that includes any incomplete,
false, inaccurate, or misleading information or information; or (vi) that
advertises or promotes a franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business
opportunity which requires an up front or periodic payment, pays commissions
only (no significant salary), or requires recruitment of other members,
sub-distributors or sub-agents.
Security Breeches. You are prohibited from violating or attempting to
violate the security of the Site, including, without limitation, (i) accessing
data not intended for you or logging into a server or account which you
are not authorized to access; (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (iii) attempting to interfere with
service to any user, host or network, including, without limitation, via
means of submitting a virus to the Site, overloading, "flooding",
"spamming", "mailbombing," "crashing", denial
of service attacks and other attacks; (iv) sending unsolicited e-mail,
including promotions and/or advertising of products or services; (v) forging
any TCP/IP packet header or any part of the header information in any
posting; or (vi) deleting or revising any material posted on the Site
by any other person or entity. If you have a password allowing access
to a non-public area of the Site, you shall not disclose the password
to any third parties or use the password for any unauthorized purpose.
Interference and Use of Outside Software. You shall not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Site or any activity being conducted on this site. You
shall not take any other action that imposes an unreasonable or disproportionately
large load on the Site's infrastructure. Notwithstanding any provision
of the Terms of Use, you shall not use or attempt to use any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to monitor,
copy, navigate or search the Site other than the search engine and search
agents available from the Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of American Achievement Corporation software
products are controlled by the United States Export Administration Regulations
and such software may not be exported or re-exported to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, or Syria or any country to which the United
States embargoes goods. In addition, American Achievement Corp. software
may not be distributed to persons on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals.
By downloading an American Achievement Corporation software product you
are certifying that you are not a national of Cuba, Iran, Iraq, Libya,
North Korea, Sudan, or Syria or any country to which the United States
embargoes goods and that you are not a person on the Table of Denial Orders,
the Entity List, or the List of Specially Designated Nationals.
All American Achievement Corporation products and publications are commercial
in nature. The software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as
applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (A) only as Commercial
Items and (B) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
INDEMNITY
You agree to indemnify and hold American Achievement Corporation, and
its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any loss, liability, claim, damages, demand,
cost, expense, dispute, action or litigation, including reasonable attorneys'
fees, made by any third party due to or arising out of content, materials
and services you submit, post to, transmit or provide through the Site,
your use of the Site, your connection to the Site, your violation of the
Terms of Use, or your violation of any rights of another person or entity.
The foregoing indemnity shall survive and continue in force after the
termination of these Terms of Use without limitation. If you fail to accept
the defense of the matter as above provided, American Achievement Corporation
shall have the full right to defend against any such claim or demand,
and shall be entitled to settle or agree to pay in full such claim or
demand, in its sole discretion, and seek payment from you hereunder.
Termination by American Achievement Corporation. American Achievement
Corporation may terminate the Agreement immediately in the event of: (i)
failure by you to pay any fee or make any other payment within seven (7)
days of the due payment date; (ii) any use of the Site by you outside
the scope permitted by these Terms of Use or (iii) any other material
breach of these Terms of Use.
GOVERNING LAW AND JURISDICTION
By accessing this Site, you and American Achievement Corporation agree
that all matters relating to your access to, or use of, this Site shall
be governed by the statutes and laws of the State of Texas, without regard
to the conflicts of laws principles thereof. You and American Achievement
Corporation also agree and hereby submit to the exclusive personal jurisdiction
and venue of the State Courts of Dallas County and the United States District
Court for the Northern District of Texas with respect to such matters.
American Achievement Corp. makes no representation that materials on this
Site are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with local laws.
TRADEMARK INFORMATION
You acknowledge that trademarks, logos, service marks and other proprietary
marks ("Marks") may be displayed on this Site which are the
property of American Achievement Corporation or other third parties. You
are not permitted to use the Marks without the prior written consent of
American Achievement Corporation or such third party which may own the
Marks. American Achievement Corporation and the American Achievement Corporation
logo are trademarks of American Achievement Corporation Incorporated.
American Achievement Corporation
7211 Circle S Rd.
Austin, TX 78745