Terms of Use
Independent Alpha Developers Network, LLC (“IADN”) - Website Agreement
Terms
Members: Individuals who have registered for an account on the IADN website, some who have indicated they are qualified to render professional software development services.Developer Profiles: An online description of a Member’s stated qualifications, work examples, bio and other professional details.Prospective Clients: Members and other visitors to the website generally looking for software development services, and may ocassionally contact a listed Member through our website.Service or Services: Refers to any resource or information provided on this website, including Member information contained in Developer Profiles.“Users”, “You” and “Your” refer to both members and prospects.
Terms and Conditions for using this website
This Website (the "Site") is an online educational resource for software developers using Alpha Five. It also provides a list of Members who have indicated they are qualified and prepared to render software development services to Prospective Clients.Your use of the Site and the Service it provides is governed by and subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. IADN MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Project Submissions.
MATERIAL CREATED BY IADN.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are IADN, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
MATERIAL SUBMITTED BY MEMBERS.
When You register to become a member You agree to provide accurate and complete information as requested in the registration process. Your registration information will be maintained and allow You to update the information at any time. Upon completion of the registration process, You agree that the registration information is accurate and complete. You acknowledge that We reserve the right to terminate Your membership at any time if You provide false, inaccurate, incomplete information. Please keep Your information current and as accurate as possible at all times.
You acknowledge that our Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. Except for material in the public domain (“Public Areas”), all content is copyrighted under U.S. copyright laws. All trademarks appearing on the Site are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part.
2. Use of the Site.
The Site exists in order to help Professional Developers (“Members”) find customers, and to help customers (“Prospects”) obtain professional software development services. IADN is neither the agent nor employer of the Members or Prospects who use the Site.Information listed or provided by the Site is considered reliable, but IADN does not guarantee its accuracy or completeness. IADN assumes no responsibility for any Professional identified as interested in your particular project. IADN does not recommend or endorse any specific Professional, or provide advice on which Professional to choose. It is the responsibility of the Prospect to be sure they are hiring a competent and reliable Professional. Other than requesting that listed Professionals meet the criteria listed on our Sign Up page, IADN does not screen Professionals for their qualifications. In like manner, IADN does not screen or pre-qualify Prospects. IADN does not recommend or endorse specific Prospects to its Members, nor is IADN responsible for the payment of fees earned by its Members from Prospects obtained through the Site.You understand that, except for information, products or services clearly identified as being supplied by IADN, IADN does not operate, control or endorse any information, products or services on the Internet in any way. Except for IADN-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with IADN.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. IADN PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND IADN SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
LIMITATION OF LIABILITY
IN NO EVENT WILL IADN BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF IADN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, IADN LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.IADN makes no representations whatsoever about any other web site which you may access through the Site. When you access a non-IADN web site, please understand that it is independent from IADN, and that IADN has no control over the content on that web site. In addition, a link to a IADN web site does not mean that IADN endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless IADN, its officers, directors, employees, and agents from and against all losses, expenses, damages, claims and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of IADN and its officers, directors, employees, agents, licensors, suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.5.Term; Termination.IADN reserves the right to cease operations or withdraw the Site from the Internet at any time for any reason and without prior notice to Members or Prospects.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between IADN and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ISDN's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. IADN may assign its rights and duties under this Agreement to any party at any time without notice to you.Any rights not expressly granted herein are reserved.