Copyright
The submission of information to, and use of, the information ("Services") available through the American National web site is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user Member ("Member") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and American National, LLC ("ANS" or the "Company").
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Financial Officer, American National, LLC 3465 S. Arlington Rd. Suite E#183. American National may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the American National website.
MEMBERSHIP PRIVILEGES
Membership privileges are granted by American National to individuals exclusively and are granted specifically to the registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of American National. American National requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the American National system. Members are not permitted to share their individual logon information with others. American National has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the American National service.
American National utilizes email as a vital and primary communication channel with Members. As a registered user, Members hereby acknowledge and grant American National the permission to communicate with Members via email (as well as other communication channel such as phone, fax, and mail) for any purposes American National determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. American National will use best efforts to honor Members request to opt out of project and marketing messages, but under no circumstances will American National have any liability for sending any email to its registered users/Members.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Member agrees not to utilize any property or client information, descriptions, photographs, documents, contact or other information contained in each projects data to American National unless the Member has received all necessary rights and authorizations from American National. The Company may, in its sole discretion but without any obligation to search for such, remove members that are alleged to have been in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have violated the provisions of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates this Agreement.
USE OF INFORMATION
Member agrees to treat all information and Listings obtained from the Service as proprietary to ANS. Member agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of ANS. ANS does not ensure the accuracy of, endorse or recommend any Listings and Member uses such Listings at the Member's own risk. Member may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Member shall limit access to and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Member shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device. Members violating these specific terms, specifically those Members searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed for legal recourse.
USE OF INFORMATION
Member agrees to treat all information and Listings obtained from the Service as proprietary to ANS. Member agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of ANS. ANS does not ensure the accuracy of, endorse or recommend any Listings and Member uses such Listings at the Member's own risk. Member may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Member shall limit access to and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Member shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device. Members violating these specific terms, specifically those Members searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed for legal recourse.
PAYMENT TERMS
Member agrees to accept payment for all services provided to American National or via the Client Services following the closing of the transaction and payment to American National. Fees owed depend on the specific type and quantity of American National products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables and closing of the transaction.
UNSOLICITED COMMERCIAL EMAIL (SPAM)
The use of our system or its tools is prohibited to generate or send unsolicited commercial email (spam). Members may not use any portion of our service or other email services that American National offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. American National has the right to revoke the privileges of any Member or company that breaches these terms.
OWNERSHIP AND LICENSE GRANT
American National retains all rights (including intellectual property rights), title and interest in the American National Web site, all project specific documents, technology and brochures, databases, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Member will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of American National's technology or delete or alter author attributes or copyright notices. Member shall use the American National system solely for their own use and shall not allow others to use the American National system under or through that Member's login ID/email and password.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL American National BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Member's exclusive remedy, and American National's entire liability under this Agreement shall be to revoke Member accounts. American National (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Member's use of the Deliverables, and Member shall indemnify American National (and American National's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Member arising from Member's use or application of the Services or the Deliverables.
WARRANTY DISCLAIMERS
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ANS SPECIFIOHLLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOOHL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
OTHER RIGHTS OF ANS
Member agrees that ANS shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by American National Members and partners. ANS shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. ANS shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. ANS reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on American National's corporate web site.
MISCELLANEOUS
The Deliverables provided by American National shall be governed by the laws of the state of Ohio and the Unite States of America, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Summit County, Ohio. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Member without the prior written consent of American National, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at American National.