The ONLINE GOSTAR DATABASE may include links that will take you to other Online Products outside of the Product (“Linked Online Products”). The Linked Online Products are provided by EXCELRA to you as a convenience and the inclusion of the links do not imply any endorsement by EXCELRA of any Linked Online Product. EXCELRA has no control of the Linked Online Products and you therefore acknowledge and agree that EXCELRA is not responsible for the contents of any Linked Online Product, any link contained in a Linked Online Product or any changes or updates to a Linked Online Product. You further acknowledge and agree that EXCELRA is not responsible for any form of transmission (e.g. webcasting) received from any Linked Online Product.
In the event of your or others’ access to or use of the ONLINE GOSTAR DATABASE in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that EXCELRA would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that EXCELRA is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). EXCELRA may without restriction block, filter or delete unsolicited e-mail.
EXCELRA may run advertisements and promotions from third parties via the ONLINE GOSTAR DATABASE in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the ONLINE GOSTAR DATABASE including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that EXCELRA is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-EXCELRA advertisers on the ONLINE GOSTAR DATABASE or in connection therewith.
You agree that EXCELRA may audit your use of The ONLINE GOSTAR DATABASE for compliance with these terms at any time, with or without notice. In the event that such audit reveals any use of The ONLINE GOSTAR DATABASE by you other than in full compliance with the terms of this Agreement, you shall reimburse EXCELRA for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
You agree to indemnify and hold EXCELRA and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the ONLINE GOSTAR DATABASE (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of the ONLINE GOSTAR DATABASE, (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the ONLINE GOSTAR DATABASE); (c) your connection to the ONLINE GOSTAR DATABASE; (d) your violation of the Terms of Use; (e) the actions of any member of your Work Group; (f) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the ONLINE GOSTAR DATABASE; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the ONLINE GOSTAR DATABASE.