Before seeking further recourse regarding any concerns or complaints regarding your
collected data, you should try to have us resolve it for you informally. This should be faster
and easier for all involved. If you are not satisfied with the resolution we propose informally,
you have the right to pursue further recourse via the independent recourse mechanism that we
have made available to investigate unresolved complaints in accordance with the Privacy
Australian Exchange has provided, at no charge to you, the option for you to seek recourse
through an independent third-party alternative dispute resolution provider, who will arbitrate
any unresolved disputes that we cannot work out together. Australian Exchange has named
JAMS ADR as its independent recourse mechanism and is committed to submitting any
remaining unresolved disputes to JAMS ADR for resolution according to their rules. You
may learn more about JAMS or ADR at https://www.jamsadr.com/eu-us-privacy-shield. To
file a claim you can use this link: https://www.jamsadr.com/file-an-eu-us-privacy-shield-orsafe-
Note: If you are reading this notice, this information here is still applicable and the recourse
described above is still available to you. If at any time we stop participating in the Privacy
Shield program we will remove all references to Privacy Shield.
EUROPEAN UNION Users: The GDPR
On or before September 2021, Australian Exchange will be a fully compliant Processor of
Personal Data under the GDPR. If you have any questions about your ability to use our
software platforms in the EU or with regard to your EU customer’s data, to discuss, or
request a copy of our Data Processing Addendum to our EULA. You can also see our general
statements regarding the GDPR and our compliance online.
discretion. Please check this page periodically for changes. Any such changes to the Privacy
The policy will be available on this page. If the policy has been changed in a material way, a
continued use of our site following the posting of changes to these terms will mean you
accept the changes. Information collected prior to the time any change is posted will be used
according to the rules and laws that applied at the time the information was collected.
for your review.
LAST UPDATED: Rev. 1.3.2
Notice of Compliance to California Residents – Your California Privacy Rights Under The
California Online Privacy Protection Act and the California Business and Professions Code
company collects through our website or online services about individual consumers who use
or visit Australian Exchange’s commercial websites or online services in connection with
EverWebinar, and WebinarJam (including but not limited to everwebinar.com and
webinarjam.com) (collectively “the Sites”) and the categories of third-party persons or
entities with whom our company may share that personally identifiable information.
Australian Exchange does not maintain an online process for an individual consumers who
uses or visits our commercial website or online service to review and request changes to any
of his or her personally identifiable information that is collected through our website or
by which our company notifies consumers who use or visit our commercial website or online
heading, “Last Updated.”
For the purposes of this policy and California compliance the following definitions apply:
Depending on your activity on our website or online service, the following “personally
identifiable information” may be collected, in addition to what is in prior sections of this
document. The term “personally identifiable information” means individually identifiable
information about an individual consumer is collected online via the Sites from an individual
and maintained by us in an accessible form and may include any of the following:
A first and last name;
A home or other physical address, including street name and name of a city or town;
An e-mail address;
A telephone number;
Any other identifier that permits the physical or online contacting of a specific individual;
Information concerning a user that the Sites collect online, from the user, and which is
maintained in personally identifiable form, in combination with an identifier described within
receive, once a year, information about third parties with whom they have shared information
about you or your family for their marketing purposes during the previous calendar year, and
a description of the categories of personal information shared. To make such a request, please
send an email to and please include the phrase “California Privacy Request” in the subject
line, the domain name of the website you are inquiring about, along with your name, address, and e-mail address. We will respond to you within thirty (30) days of receiving such a request.
“Cookies” and How We Use Them
A “cookie” is a small data file that can be placed on your hard drive when you visit certain
purposes stated earlier as well as for statistical purposes to improve the products and services
purposes of personalizing your experience on the Sites, or for providing online behavioral
advertising such as retargeting or remarketing. These uses provide you with additional
opportunities to take advantage of our services or products and provide us with additional
opportunities to reach you with personalized offers more tailored to your interests.
Advertisers and partners may also use their own cookies (e.g. on their own sites). Australian
Exchange does not control any third party’s use of such cookies and we expressly disclaim
responsibility for information collected by or through them.
Public Areas & Social Media:
Any information you disclose in any public areas of our website or the Internet, including via
social media becomes public information. You should exercise caution when deciding to
disclose personal information in these public areas.
Australian Exchange or any other party and is not intended to create any such rights.
Notice of Disclaimer:
Australian Exchange websites provide no warranty expressed or implied regarding any of the
Company’s, products, or services at such sites. Every effort has been taken to ensure the
accuracy and reliability of our partners, products, and services; however you are using these
services at your own discretion. We will not now or in the future reimburse you for any
reason for any money or time lost when using any Australian Exchange website or the
Company’s products and services.
No Income Guarantee:
Australian Exchange makes no claim regarding income guarantees or results from using its
services or any partner services. You are joining the Australian Exchange website as a
member on your own free will.
EARNINGS & INCOME DISCLAIMERS
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME
EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN.
THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR
FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED AND ATTRIBUTED TO AN
INDIVIDUALS OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED
THAT AMOUNT. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY
UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON
THIS WEB SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST
RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF
YOUR FUTURE SUCCESS OR RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE
NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU,
YOUR BACKGROUND, YOUR WORK ETHIC, YOUR BUSINESS SKILLS OR
PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL
GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE
IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES;
YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
INTERNET BUSINESSES AND EARNINGS DERIVED THEREFROM, HAVE
UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE.
MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR
PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE
KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE
NO MONEY AT ALL.
ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL
AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE
OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER
OR PROFESSIONAL ADVISER, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEBSITE ARE ADVISED TO DO
THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS
DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE
BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN
QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES
THIS WEBSITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED,
BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR
FAILURE OF YOUR BUSINESS OR PERSONAL DECISIONS RELATING TO ANY
INFORMATION PRESENTED BY OUR COMPANY, OR OUR COMPANY PRODUCTS
THIS WEB SITE IS A PRODUCTION OF Australian Exchange Platform AND ALL THE
FOREGOING DISCLAIMERS AND NO INCOME GUARANTEE APPLY TO THE
PARENT COMPANY AND ALL OF ITS SUBSIDIARIES AS WELL.
Page updated September 2021
Terms of Service
Welcome to this (or any other Australian Exchange website redirected to this) website owned
by Australian Exchange Platform, (hereinafter the “COMPANY” or “we”).
The goal of the Australian Exchange Platform is to create, publish and promote edifying
materials such as books, e-books, CDs and DVDs, educational and/or promotional videos,
and any other product as needed.
The information Australian Exchange provides is designed to accomplish the objectives of
this website and create an educational experience for its participants.
Australian Exchange requires that all persons or entities visiting this Website or any other
Australian Exchange Website agrees to the following terms and conditions. Please read our
Website or becoming a Member/Customer of the Website. The Agreement and/or Terms shall
govern the use of the Website and apply to all Internet traffic visiting the Website. If you do
not agree to any of these terms, then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THIS
DOMAIN NAME, THE “WEBSITE”), YOU (“User,” “YOU” OR “YOUR”) SIGNIFY
PUBLISHED AT AUSTRALIANEXCHANGE.com AND THE GOODS/SERVICES YOU
OBTAIN FROM THE UTILIZATION OF THE WEBSITE’S SERVICES AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO
REVIEW THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND
INCORPORATED AGREEMENTS ARE UNACCEPTABLE, YOU MUST IMMEDIATELY
LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND THE
WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT
YOU ARE AT LEAST 18 YEARS OLD AND YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT, IF NOT, YOUR PARENTS ARE WILLING TO
ENTER INTO THIS AGREEMENT FOR YOU.
A. Australian Exchange reserves the right to update the TOU at any time without notice to
B. The right to use Australian Exchange’s websites is personal to the User and is not transferable
to any other person or entity. User is responsible for all use of User’s Account (under any
screen name or password) and for ensuring that all use of User’s Account complies fully with
the provisions of this Agreement. The user shall be responsible for protecting the confidentiality
of the User’s password(s) if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect or feature
of this website, including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. CHANGED TERMS
hypertext link located or published at the bottom of our Web pages. Australian Exchange
shall have the right at any time to change or modify the terms and conditions applicable to
User’s use of this website, or any part thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such changes, modifications, additions, or
deletions shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on this Australian Exchange website, by electronic or
conventional mail, or by any other means by which User obtains notice thereof. Any use of
this or any other Australian Exchange website by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications, or additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, Australian Exchange provides Users with access
to a variety of resources, including download areas, software, communication forums and
product information (collectively “Services”). Protected Materials are all materials or other
intellectual property rights, or which may be construed as proprietary information including,
but not limited to, any and all technical and non-technical information that is valuable to
Australian Exchange such as subscription programs, audio/visual programs, coaching
programs, teleseminars, tele-coaching, flip charts, audio/video products, books, training
routines, training processes, course material, literature, pamphlets, processes, procedures,
patents, trademarks, service marks, products, copyrights, trade secrets, techniques, sketches,
drawings, models, inventions, know-how, and equipment related to current and contemplated
products and services, inventions, manufacturing, purchasing, accounting, engineering,
marketing, merchandising, and sales, to the extent necessary and as may be reasonably
required during the relationship will be considered protected material. The Services,
including any updates, enhancements, new features, and/or the addition of any new Protected
The user shall be responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of Australian Exchange products
/services and all charges related thereto.
5. USER CONDUCT
A. User shall use this Australian Exchange website for lawful purposes only. User shall not
post or transmit through the Australian Exchange website any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise
objectionable, which encourages conduct that would constitute a criminal offense, giving rise to
civil liability or otherwise violate any law, or which, without Australian Exchange’s express
prior approval contains advertising or any solicitation with respect to products or services.
Any conduct by the User that at Australian Exchange’s discretion restricts or inhibits any other
Users from using or enjoying the Australian Exchange website will not be permitted. User shall
not use the Australian Exchange website to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers of other on-line
information services competitive with the Australian Exchange
B. Australian Exchange website contains copyrighted material, trademarks, and other
proprietary information, including, but not limited to, text, software, photos, video, graphics,
music, and sound, and the entire contents of the Australian Exchange website are copyrighted as
a collective work under the United States copyright laws. Australian Exchange owns a
copyright in the selection, coordination, arrangement, and enhancement of such content, as
well as in the content original to it. Users 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. User may download copyrighted material for User’s personal use only. Except as
otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication, or commercial exploitation of downloaded material will be
permitted without the express permission of the Australian Exchange and the copyright owner. In
the event of any permitted copying, redistribution, or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright notice shall be
made. The user acknowledges that it does not acquire any ownership rights by downloading
C. User shall not upload, post, or otherwise make available on this Australian Exchange web
site any material protected by copyright, trademark, or other proprietary rights without the
express permission of the owner of the copyright, trademark, or other proprietary right and the
the burden of determining that any material is not protected by copyright rests with the User. User
shall be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By submitting
material to any public area of this Australian Exchange website, the User automatically grants,
or warrants that the owner of such material has expressly granted Australian Exchange the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or hereafter
developed for the full term of any copyright that may exist in such material. User also permits
any other User to access, view, store, or reproduce the material for that User’s personal use.
User hereby grants Australian Exchange the right to edit, copy, publish and distribute any
material made available on this Australian Exchange website by User.
D. The foregoing provisions of Section 5 are for the benefit of the Australian Exchange, its
subsidiaries, affiliates, and its third-party content providers and licensors and each shall have
the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other
message or communication facilities designed to enable Users to communicate with others
(each a “Communication Service” and collectively “Communication Services”). User agrees
to use the Communication Services only to post, send and receive messages and material that
are proper and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, the User agrees that when using the Communication Services,
Users will not:
” Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial
” Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
” Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent, or unlawful topic, name, material or information.
” Upload, or otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of example, and not
as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User
own or control the rights thereto or have received all necessary consent to do the same.
” Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary rights of any party.
” Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation of another’s
computer or property of another.
” Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
” Download any file posted by another user of a Communication Service that User know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
” Falsify or delete any copyright management information, such as author attributions, legal
or other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
” Restrict or inhibit any other user from using and enjoying the Communication Services.
” Violate any code of conduct or other guidelines which may be applicable for any particular
” Harvest or otherwise collect information about others, including email addresses.
” Violate any applicable laws or regulations.
” Create a false identity for the purpose of misleading others.
” Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity
any directory of users of the Services or other user or usage information or any portion
B. Australian Exchange has no obligation to monitor the Communication Services. However,
Australian Exchange reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Australian Exchange reserves the
right to terminate the User’s access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever. Australian Exchange reserves the right at all times
to disclose any information as it deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post, or to remove any information
or materials, in whole or in part, in Australian Exchange's sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction, and/or dissemination; the User is responsible for adhering to such limitations
if the User downloads the materials.
D. Always use caution when giving out any personally identifiable information in any
Communication Services. Australian Exchange does not control or endorse the content,
messages or information found in any Communication Services and, therefore, Australian
Exchange specifically disclaims any liability with regard to the Communication Services and
any actions resulting from the User’s participation in any Communication Services. Managers
and hosts have not authorized Australian Exchange spokespersons, and their views do not
necessarily reflect those of the Australian Exchange.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires the User to open an account, the User must complete the registration
process by providing Australian Exchange with current, complete, and accurate information as
prompted by the applicable registration form. Users also will choose a password and a user
name. The user is entirely responsible for maintaining the confidentiality of the User’s password and
account. Furthermore, the User is entirely responsible for any and all activities that occur under
User’s account. User agrees to notify Australian Exchange immediately of any unauthorized
use of User’s account or any other breach of security. Australian Exchange will not be liable
for any loss that User may incur as a result of someone else using User’s password or
account, either with or without User’s knowledge. However, the User could be held liable for
losses incurred by Australian Exchange or another party due to someone else using the User’s
account or password. Users may not use anyone else’s account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services (“Software”) is the
copyrighted work of the Australian Exchange and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any, which accompanies or is
included with the Software (“License Agreement”). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name used. Domains need to be fully
owned by the User. Users can buy as many licenses as they need for as many domains that
the User owns.
C. The Software is made available for download solely for use or personal use by end users
according to the License Agreement. Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited by law and may result in
severe civil and criminal penalties. The Software is made available for download solely for
use or personal use by end users according to the License Agreement. Violators will have
their licenses revoked if they do not follow these terms and will be prosecuted to the
maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Australian
Exchange HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, Australian Exchange MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. Australian Exchange DOES NOT MAKE
ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets, and FAQs)
from the Services is granted, provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast in any media, and (3)
no modifications of any Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose is expressly prohibited by law
and may result in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Australian Exchange AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Australian
Exchange AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Australian
Exchange AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE
ON THIS SITE
IN NO EVENT SHALL Australian Exchange AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF, OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Australian Exchange OR POSTED AT ANY OF ITS
A. Australian Exchange does not claim ownership of the materials User provides to
Australian Exchange (including feedback and suggestions) or post, upload, input or submit to
any Services or its associated services for review by the general public, or by the members of
any public or private community, (each a “Submission” and collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting (“Posting”) User’s
Submission User is granting Australian Exchange, its affiliated companies, and necessary
sublicenses permission to use User’s Submission in connection with the operation of their
Internet businesses (including, without limitation, all Australian Exchange Services),
including, without limitation, the license rights to copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish
User’s name in connection with User’s Submission; and the right to sublicense such rights to
any supplier of the Services. No compensation will be paid with respect to the use of User’s
Submission, as provided herein. Australian Exchange is under no obligation to post or use
any Submission User may provide and Australian Exchange may remove any Submission at
any time in its sole discretion. By Posting a Submission, User warrants and represents to own
including, without limitation, all the rights necessary for the User to provide, post, upload, input
or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures, or that are otherwise graphical in whole or in part
(“Images”), User warrants and represents that (a) User is the copyright owner of such Images,
or that the copyright owner of such Images has granted User permission to use such Images
or any content and/or images contained in such Images consistent with the manner and
The user has the rights necessary to grant the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if any, has provided consent to the use
limitation, the distribution, public display, and reproduction of such Images. By Posting
Images, User is granting (a) to all members of User’s private community (for each such
Images available to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a private community),
permission to use User’s Images in connection with the use, as permitted by these Terms of
Use, of any of the Services, (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without limitation, a nonexclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User’s Images without having
User’s name attached to such Images, and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding sentences for a Images will terminate at
the time User completely removes such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such Images prior to the
time User completely removes such Images. No compensation will be paid with respect to the
use of User’s Images.
C. Australian Exchange is a distributor (and not a publisher) of content supplied by third
parties and Users. Accordingly, Australian Exchange has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by third parties,
including information providers, Users or any other user of this Australian Exchange web
site, are those of the respective author(s) or distributor(s) and not of Australian Exchange.
Neither Australian Exchange nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for
any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and to respect
the intellectual property rights of others. Your use of the Services and the Website is at all
times governed by and subject to laws regarding copyright ownership and use of the intellectual
property. You agree not to upload, download, display, perform, transmit, or otherwise
distribute any information or Materials in violation of any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property, and you shall be solely
responsible for any violations of any relevant laws and for any infringements of third-party
rights caused by any Materials you provide or transmit, or that are provided or transmitted
using your User ID. The burden of proving that any Materials do not violate any laws or third-party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THIS Australian Exchange website IS AT
USER’S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THIS Australian Exchange website WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS Australian
Exchange web site, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS
Australian Exchange website.
B. THIS Australian Exchange website IS PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
D. IN NO EVENT SHALL Australian Exchange, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Australian Exchange
RELATED PRODUCTS OR THE Australian Exchange SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS OR ANY OTHER Australian Exchange
web site. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER Australian Exchange
NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN THIS OR ANY OTHER Australian Exchange website, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY
CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO
CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO
VERIFY PRICING OR OTHER INFORMATION. Australian Exchange, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER Australian Exchange. NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,
WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE,
FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES,
POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD-PARTY SERVICE
PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL
NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM
ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE
SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE
AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
14. LINKS TO THIRD-PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE Australian Exchange’s SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF Australian Exchange AND
Australian Exchange IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. Australian Exchange IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. Australian Exchange IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE AND THE INCLUSION OF ANY LINK DO NOT IMPLY
ENDORSEMENT BY Australian Exchange OF THE SITE.
B. Australian Exchange is a distributor (and not a publisher) of content supplied by third
parties and Users. Accordingly, Australian Exchange has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by third parties,
including information providers, Users, or any other user of this or any other Australian
Exchange website, are those of the respective author(s) or distributor(s) and not of Australian
Exchange. Neither Australian Exchange nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
C. In many instances, the content available through this or another Australian Exchange web
site represents the opinions and judgments of the respective information provider, User, or
another user not under contract with Australian Exchange. Australian Exchange neither
endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement
made on this or any other Australian Exchange website by anyone other than authorized
Australian Exchange employee spokespersons while acting in their official capacities. Under
no circumstances will Australian Exchange be liable for any loss or damage caused by a
User’s reliance on information obtained through this or any other Australian Exchange web
site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of
any information, opinion, advice, or other content available through the Australian Exchange.
Please seek the advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice, or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
Australian Exchange OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT
SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN A COMPANY’S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
Australian Exchange. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
COMPANY OR ANYONE AT Australian Exchange. IF, DESPITE OUR REQUEST THAT
YOU DO NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT Australian Exchange MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
Australian Exchange respects your privacy and permits Users to control the treatment of
Australian Exchange shall have the right, but not the obligation, to monitor the content of this
or any other Australian Exchange website, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by Australian Exchange
and to satisfy any law, regulation, or authorized government request. Australian Exchange
shall have the right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on any of its websites. Without limiting the foregoing, Australian
Exchange shall have the right to remove any material that Australian Exchange, in its sole
discretion finds to be in violation of the provisions hereof or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless Australian Exchange, its affiliates and
their respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys’ fees, arising out of the use of Australian Exchange by User or
Either Australian Exchange, this, or any other Australian Exchange website or User may
terminate this Agreement at any time. Without limiting the foregoing, the Australian Exchange
shall have the right to immediately terminate the User’s Account in the event of any conduct by
User which Australian Exchange, in its sole discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications, and online media products. If you pay
a company other than us for the service, then the charges and billing terms are as stated by the
other company. Even if you do not pay for the service, you may still incur charges incidental
to using the service; for example, charges for Internet access, mobile text messaging, or other
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT
METHOD. YOU MUST BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU
AUTHORIZE US TO CHARGE YOU FOR THE SERVICE USING YOUR PAYMENT
METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR WHICH YOU
CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY
BILL YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER.
IF WE INFORMED YOU THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY
OR AUTOMATICALLY RENEWED, WE MAY AUTOMATICALLY RENEW YOUR
SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial period offer.
Unless we notify you otherwise, if you are participating in any trial period offer, you must
cancel the service by the end of the trial period to avoid incurring charges. If you do not
cancel your service, and we have informed you that the service will automatically be
converted into a paid subscription at the end of the trial period, then you authorize us to
charge your payment method for the service.
D. The price for the service excludes all taxes and phone charges unless stated otherwise.
These taxes and charges are your responsibility. Currency exchange settlements are based on
your agreement with your payment method provider. We may change the price of the service
from time to time, but we will tell you before we do.
E. If there is a specific time length and price for your service offer, then that price will remain
in force for that time. After the offer period ends, your use of the service will be charged at
the new price.
F. If you do not agree to these changes, then you must cancel and stop using the service
before the changes take place. If you cancel your service, then your service ends at the end of
your current service time length or, if we bill your account on a period basis, at the end of the
period in which you canceled.
G. We will provide you with an online billing statement accessible online through your User
Account. This is the only billing statement that we provide. If you request a paper copy, we
may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we
make an error on your bill, we will correct it promptly after you tell us and we investigate the
charge. You must tell us within 120 days after an error first appears on your bill. You release
us from all liability and claims of loss resulting from any error that you do not report to us
within 120 days after the error first appears on your online statement. If you do not tell us
within this time, we will not be required to correct the error. We can correct billing errors at
H. You may cancel the service at any time, with or without cause. Go to this Australian
Exchange web site login page and log in to obtain information on canceling your service at
the bottom links. Certain service offers may require cancellation charges, and you will pay all
cancellation charges as specified in the materials describing the offer. Cancellation of the
service by you will not alter your obligation to pay all charges made to your billing account
for which you have already used the Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee, Australian Exchange will
refund the pro-rated amount based on the number of unused days of the User Fee. Under no
circumstances will the amount of the refund exceed the amount you paid for Services.
21. ENTIRE AGREEMENT
other Australian Exchange web site established by Australian Exchange constitute the entire
agreement of the parties and supersede all previous written or oral agreements between the
Each party to this Agreement expressly agrees that all disputes, claims or controversies that
exist or may come to exist between them including, without limitation, all disputes, claims or
controversies that exist or may arise out of, under or in connection with this Agreement, first
to binding arbitration located in Ada County, State of Idaho (or any other location deemed
convenient by Australian Exchange) in accordance with the Commercial Arbitration
Procedures of the American Arbitration Association. The parties agree that judgment upon the
arbitration award will be final, binding and conclusive upon each party and may be entered
into any court having jurisdiction. In the case of action under this Section, the prevailing
party shall be entitled to recover its costs of the proceeding, including reasonable attorneys’
fees and out-of-pocket expenses.
23. CHOICE OF LAW, VENUE, AND FORUM
Australian Exchange website shall be construed in accordance with and governed by the
laws of Austalia, without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or federal courts in in all
disputes arising out of or related to the use of the Website or, without reference to their rules
regarding conflicts of law.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these
in full force and effect.
any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and
no waiver shall be effective unless made in writing and signed by an authorized
representative of the waiving party.
The section headings used herein are for convenience only and shall not be given any legal
All contents of this or any other Australian Exchange Website or Services are: © Australian
Exchange All rights reserved.
Copyright notices are displayed at the bottom of the websites.
The names of actual companies and products mentioned herein may be the trademarks of
their respective owners. The example companies, organizations, products, domain names,
email addresses, logos, people and events depicted herein are fictitious. No association with
any real company, organization, product, domain name, email address, logo, person, or event
is intended or should be inferred. Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting you a license to use any
of the trademarks, service marks, logos and the like owned by Australian Exchange or by any
Any notices to Australian Exchange shall be given by email to or by certified mail, return
receipt requested to Australian Exchange, Any notice to Users shall be sent by email to
the email address provided by the User. Email notices to a User shall be deemed delivered
twenty-four (24) hours from the time the email is sent. Notices to Australian Exchange shall
be deemed delivered five (5) calendar days after being sent by certified mail.
30. COPYRIGHT INFRINGEMENT
Australian Exchange has in place certain legally mandated procedures regarding allegations
of copyright infringement occurring on this or any other Australian Exchange Website or with
their Services. Australian Exchange has adopted a policy that provides for the immediate
suspension and/or termination of any Website or Services user who is found to have infringed
on the rights of Australian Exchange or of a third party, or otherwise violated any intellectual
property laws or regulations. Australian Exchange’s policy is to investigate any allegations of
copyright infringement brought to its attention. If you have evidence, know, or have a good
faith belief that your rights or the rights of a third party have been violated and you want
Australian Exchange to delete, edit, or disable the material in question, you must provide
Australian Exchange with all of the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single notification, a
representative list of such works; (c) identification of the material that is claimed to be
infringed or to be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit Australian Exchange
to locate the material; (d) information reasonably sufficient to permit Australian Exchange to
contact you, such as an address, telephone number, and if available, an electronic mail
address at which you may be contacted; (e) a statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and (f) a statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive
right, that is allegedly infringed. For this notification to be effective you must provide it to the
Copyright Infringement Unit, and by certified mail, return receipt requested Australian
31. INDEPENDENT PARTIES
You and Australian Exchange expressly agree that each is an independent contractor of the
other. Neither party is an agent, representative, broker, employee, partner, or joint venturer of
the other party. This Agreement shall not be interpreted or construed to create an association,
joint venture, agency, franchise, or partnership between the parties or to impose any
partnership obligation or liability upon either party
BY USING THE SERVICES OR ACCESSING THIS OR ANY OTHER Australian
Exchange WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Terms of Service Updated September 2021
PURCHASE AND LICENSE AGREEMENT AND LIMITED WARRANTY
IMPORTANT! The Australian Exchange Software, Materials, e-books, and Documentation
(the “Licensed Software” “Licensed Materials” “Licensed Documentation” and other
products) You seek to download from Australian Exchange’s web sites is licensed only on the
condition that You agree to the terms and conditions set forth below.
PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT AND LIMITED
WARRANTY (THIS “AGREEMENT” OR “LICENSE”) CAREFULLY.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THE
PUBLISHED AT THE BOTTOM OF THE WEBSITE’S PAGES, AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE PLEASE CLICK ON THE BOX ON THIS
PAGE LABELED “I ACCEPT,” AT WHICH TIME THE LICENSED MATERIALS WILL
BE DOWNLOADED TO YOUR COMPUTER.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON
THE BOX ON THIS PAGE LABELED “I DO NOT ACCEPT,” WILL RETURN
YOU TO THE PREVIOUS WEB PAGE WITHOUT DOWNLOADING THE LICENSED
The Licensed Software, Licensed Materials, Licensed Documentation, and e-books that You are
about to access were developed by Australian Exchange, a corporation (“Licensor”) to create,
publish and promote edifying materials such as books, e-books, CDs, and DVDs. This
The agreement sets forth the terms under which You, as an individual or entity authorized by
Licensor (or, for entities, any employee You authorize to use the Licensed Software, Licensed
Materials and Licensed Documentation) (“You”), may use the Licensed Materials.
Access to and use of the Licensed Software, Licensed Materials, and Licensed Documentation
is by permission of Licensor only, and only for applicants who accept this Agreement.
The licensor may grant or withhold approval at its sole discretion. If Licensor approves You for
use of the Licensed Software, Licensed Materials, and Licensed Documentation, Licensor will
issue user identification (the “User ID”) and a password (the “Password”) that will authorize
Your access to the Licensed Materials for the term of this Agreement.
Based on the foregoing and for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, You and Licensor agree as follows:
1. NATURE OF AGREEMENT
This Agreement is a legal contract made between You and Licensor. This Agreement contains
the terms and conditions that You must comply with if You wish to access and use the
Licensed Software, Licensed Materials, and Licensed Documentation.
2. OWNERSHIP OF LICENSED SOFTWARE, LICENSED MATERIALS, AND LICENSED
DOCUMENTATION AND COPIES
Subject to the rights granted to You under this Agreement, all right, title, and interest in and to
the Licensed Software, Licensed Materials, and Licensed Documentation are and shall remain
at all times the sole and exclusive property of Licensor. Licensor owns the Licensed
Software, Licensed Materials, and Licensed Documentation and all copyright and other
intellectual property rights therein, and this Agreement does not transfer to You any title to or
any proprietary or intellectual property rights in or to the Licensed Software, Licensed
Materials and Licensed Documentation, any updates or derivative works thereto, or any
copyrights, patent rights, or trademarks embodied or used in connection therewith, except for
the rights expressly granted in this Agreement. The Licensed Software, Licensed Materials
and Licensed Documentation are protected by United States laws and international treaty
The Licensor retains ownership of the Licensed Software, Licensed Materials, and Licensed
Documentation and all subsequent copies of the Licensed Software, Licensed Materials and
Licensed Documentation is provided in the Agreement, regardless of the form in which the
copies may exist. This license is not a sale of the original Licensed Software, Licensed
Materials and Licensed Documentation or any copies.
Licensor may use, sell, assign, transfer, and license copies of and rights in the Licensed
Software, Licensed Materials, and Licensed Documentation to third parties in Licensor’s
discretion free from any claim of You.
The copyright, database rights, and any other intellectual property rights in the programs and
data which constitute this Licensed Software, Licensed Materials, and Licensed
Documentation product, together with the hard media on which they were supplied to You,
are and remain the property of the Licensor.
Provided that You have paid the applicable license fee, the Licensor grants You a limited,
non-exclusive, non-assignable, non-sublicensable license for use in connection with one
domain name to:
3.1 Use and copy the Licensed Software, Licensed Materials, and Licensed Documentation
for use on any computer system owned, leased, and/or controlled by You or any member of
Your corporate group, which expression includes the Corporate Licensee, the Corporate
Licensee’s majority-owned subsidiaries, any parent company having a majority-owned
interest in the Corporate Licensee, and such parent’s majority-owned subsidiaries;
3.2 You may obtain a copy of this Licensed Software, Licensed Materials, and Licensed
Documentation either by downloading it remotely from our server or by copying it from an
authorized diskette, CD-ROM, or other media (‘hard media’).
3.3 You may make copies of the Licensed Materials for backup, archival, or other security
4. LICENSE RESTRICTIONS
4.1 You may not use, copy, modify or transfer the Licensed Software, Licensed Materials and
Licensed Documentation or any copy, in whole or in part, including any print-out of all or
part of any database, except as expressly provided for in this Agreement.
4.2 If You transfer possession of any copy of the Licensed Software, Licensed Materials and
Licensed Documentation to another party except as provided above, this Agreement is
4.3 You may not translate, reverse engineer, decompile, disassemble, enhance, modify, create
derivative works based on the Licensed Software, Licensed Materials, and Licensed
Documentation, or otherwise change or supplement the Licensed Documentation, in whole or
in part except as expressly permitted by this Agreement.
4.4 You may not vary, delete or obscure any notices of proprietary rights or any product
identification or restrictions on or in the Licensed Software, Licensed Materials, and Licensed
5. NO TRANSFER OR ASSIGNMENT
The Licensed Software, Licensed Materials, and Licensed Documentation are licensed only to
You for use with one domain name. You may not rent, lease, sub-license, sell, assign, pledge,
transfer or otherwise dispose of the Licensed Software, Licensed Materials, and Licensed
Documentation, or this Agreement in whole or in part on a temporary or permanent basis,
without the prior written consent of the Licensor. This Agreement is binding on and shall
inure to the benefit of the parties and their respective successors and permitted assigns.
You undertake to:
6.1 Ensure that, prior to use of the Licensed Software, Licensed Materials, and Licensed
Documentation by Your employees or agents, all such parties are notified of this Agreement
and the terms of this Agreement;
6.2 Reproduce and include our copyright notice (or such other party’s copyright notice as
specified on the Licensed Software, Licensed Materials and Licensed Documentation) on all
and any copies of the Licensed Software, Licensed Materials, and Licensed Documentation,
including any partial copies of the Licensed Software, Licensed Materials, and Licensed
6.3 Hold all drawings, specifications, data (including object and source codes), Licensed
Software, Licensed Materials, and Licensed Documentation listings, and all other information
relating to the Licensed Software, Licensed Materials, and Licensed Documentation
confidential and not at any time, during this Agreement or after its expiry, disclose the same,
whether directly or indirectly, to any third party without the Licensor’s consent.
7. LICENSE ACCEPTANCE PROCEDURE
By clicking on the two acceptance buttons which follow this Agreement (marked ‘do You
accept these terms and conditions?’ and ‘are You sure that You wish to accept these terms and
conditions?’), You indicate acceptance of this Agreement. Such acceptance is either on Your
own behalf or on behalf of any corporate entity which employs You or which You represent
(‘corporate licensee’). In this Agreement, ‘You’ includes both the reader and any corporate
8. LICENSE REJECTION PROCEDURE
You should read this Agreement carefully before clicking on the two acceptance buttons. If
You do not accept these terms and conditions, You should click on the ‘reject’ button.
If You have already downloaded the Licensed Software, Licensed Materials, and Licensed
Documentation, You must reject or terminate Your acceptance within 14 calendar days of
receipt. Furthermore, You must immediately delete the Licensed Software, Licensed
Materials and Licensed Documentation from Your computer and promptly return to the
Licensor or a licensed reseller:
a) The CdRom or other media;
b) Any other items provided that are part of this product, including but not limited to the
Licensed Software, Licensed Materials, and Licensed Documentation; and
c) Your dated proof of purchase. Any money You paid to the Licensor or a licensor reseller
for the Licensed Software, Licensed Materials and Licensed Documentation will be refunded,
along with all costs of postage and packing.
9.1 EXTENT OF LIABILITY. Licensor warrants that, for a period of 60 calendar days after
the date from the date of delivery to You (the “Warranty Period”), the Licensed Software and
Licensed Materials will conform to the performance standards and specifications set forth in
the Licensed Materials and Licensed Documentation if properly installed and used in the
operating environment specified in such Documentation. The Licensor does not warrant that the
functions contained in the Licensed Software, Licensed Materials, and Licensed
Documentation will meet Your requirements or will operate in the combination that You
select for use, or that the operation of the Licensed Software will be uninterrupted or error
free, or that all defects in the Licensed Software will be corrected by Licensor. Licensor’s
responsibility under this warranty shall be limited to correcting the portion of the Licensed
Software that fails to perform substantially in accordance with the said specifications or, at
Your option, refunding the applicable license fees in which event You shall return all copies of
the Licensed Software, Licensed Materials, and Licensed Documentation. Licensor shall have
no liability under the foregoing warranty if (a) You decompile, reverse engineer, or modifies
the Licensed Software without Licensor’s prior written consent, (b) You fail to give Licensor
written notice of the claimed breach of warranty, or (c) the failure to perform is caused in
whole or in part by persons other than Licensor or by-products, equipment, or computer
programs not furnished by Licensor.
9.2 VIRUSES. Licensor warrants that, to the best of its knowledge, the Licensed Software
when physically delivered under this Agreement does not contain programming code or
instruction(s) constructed with the ability to damage, interfere with, or otherwise adversely
affect computer programs, data files, or hardware (collectively “Viruses”). Licensor also
warrants that it has exercised its best efforts to assure that Viruses have not been introduced
into the Licensed Software while the Licensed Software was in its possession. Further,
Licensor warrants that the Licensed Software shall not contain any disabling code that will
activate on a predetermined date or that can be remotely activated by Licensor without Your
prior written consent. In the event that it is determined that such a Virus or disabling code
exists, Licensor shall, at Your option, immediately replace any portion(s) of the Licensed
Software or Licensed Documentation that cannot be corrected or cured within a reasonable
period of time or shall immediately reestablish the affected portion(s) of the Licensed
Software or Licensed Documentation to be functionally equivalent to their performance prior
to the introduction of the Virus or disabling code. Licensor shall further ensure that all
Customers promptly obtain copies of any updated materials provided under Section 6.2.
If neither of the foregoing alternatives is reasonably available to Licensor, then You may
terminate this Agreement immediately on written notice to Licensor, and Licensor shall
refund to You any License Fees paid for the Licensed Software, Licensed Materials and
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION LICENSOR
MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
The Licensor’s entire liability and Your exclusive remedy shall be:
10.1 The replacement of any diskette not meeting the Licensor’s Warranty and which is
returned to the Licensor together with dated proof of purchase; or
10.2 If, during the Warranty Period, the Licensor is unable to deliver a replacement diskette
which is free of material defects, You may terminate this Agreement by returning the
Licensed Software, Licensed Materials, and Licensed Documentation to the Licensor and any
money You paid to the Licensor for the Licensed Software, Licensed Materials, and Licensed
Documentation will be refunded, along with the cost of postage and packing.
11.1 INTELLECTUAL PROPERTY INDEMNITY. In the event that an action is filed in a
court of competent jurisdiction alleging that Licensed Software, Licensed Materials and
Licensed Documentation used within the scope of the License granted hereunder infringes
any copyright, patent, trade secret, or similar proprietary right of any third party
(“Infringement Action”), Licensor shall indemnify, defend, and hold You harmless from and
against such Infringement Action and any and all costs, damages, penalties, and expenses,
including reasonable attorney fees, finally awarded in actions attributable to such claim,
provided that (a) You notify Licensor in writing of the existence of such Infringement Action
within 10 days after You receive notice thereof, (b) Licensor has sole control of the defense of
such Infringement Action and all related settlement negotiations, and (c) You provide all
reasonable assistance and cooperation in such defense. Notwithstanding the foregoing,
Licensor shall have no liability on account of any Infringement Action based on (1) the
combination, operation, or use of the Licensed Software, Licensed Materials, and Licensed
Documentation with equipment, data, or programming not supplied by Licensor or (2) the use
of Licensed Software, Licensed Materials, and Licensed Documentation that has been
modified or altered without the prior written consent of the Licensor. Should the Licensed Software,
Licensed Materials and Licensed Documentation become, or in Licensor’s opinion be likely
to become, the subject of a claim of infringement, Licensor either shall (at Licensor’s
election) procure for You and its Customers the right to continue to use the Licensed
Software, Licensed Materials, and Licensed Documentation, or replace, or otherwise modify,
the Licensed Software to make it non-infringing, provided that there is no material change in
the functionality of the Licensed Software, Licensed Materials, and Licensed Documentation.
The indemnification provided in this Section shall constitute the entire liability of the Licensor
with respect to an Infringement Action.
11.2 LICENSOR INDEMNIFICATION. You shall indemnify, defend, and hold Licensor
harmless from and against any and all demands, claims, or suits by any third party and any
and all costs, damages, penalties, and expenses, including reasonable attorney fees, arising
out of or in connection with the use of the Licensed Software, Licensed Materials and
Licensed Documentation by You, its employees, agents, or invitees, except to the extent any
such demand, claim, or suit arises out of or in connection with the Licensor’s breach of its
11.3 CROSS INDEMNITY. In the event of any negligent act or omission of a party or its
employees, agents, or representatives causes or results in loss or damage to or destruction of
property of, the other party or third parties, or death or injury to any persons, then such party
shall indemnify, defend, and hold the other party harmless from and against any and all
claims, actions, damages, demands, liabilities, costs, and expenses, including reasonable
attorney fees, resulting therefrom.
11.4 LIMITATION OF LIABILITY. In no event shall Licensor be liable to You or any third
party, under this Agreement or through the use of the Licensed Software, Licensed Materials
and Licensed Documentation, for any amounts representing a loss of profits, loss of data, loss
of business, or indirect, consequential, or punitive damages of You or such third party. Except
as set forth in Section 9.
11.5 Licensor’s liability in contract, tort, or otherwise for direct damages to You or any third
party arising from this Agreement or the use of the Licensed Software, Licensed Materials
and Licensed Documentation shall be limited to credit for the amount of the applicable fees
and royalties payable to Licensor under this Agreement.
11.6 SURVIVAL. The provisions of this Section shall survive the expiration or earlier
termination of this Agreement.
All taxes and charges of any kind imposed by any national, federal, state, or local government
with respect to the products, services, or other items covered by this Agreement, shall be
collected and paid by You. The provisions of this Section shall survive the expiration or
the earlier termination of this Agreement.
13. YOUR STATUTORY RIGHTS
This license gives You specific legal rights and You may also have other rights that vary from
country to country. Some jurisdictions do not allow the exclusion of implied warranties or
certain kinds of limitations or exclusions of liability, so the above limitations and exclusions
may not apply to You. Other jurisdictions allow limitations and exclusions subject to certain
conditions. In such a case the above limitations and exclusions shall apply to the fullest extent
permitted by the laws of such applicable jurisdictions. If any part of the above limitations or
exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from
this Agreement and the remainder of the limitation or exclusion shall continue in full force
and effect. Any rights that You may have as a consumer (ie a purchaser for private as opposed
to business, academic or government use) are not affected.
14. TERM AND TERMINATION
14.1 The license is effective until terminated. The term of this Agreement and the license
grant herein shall commence on the date You agree to this Agreement and download the
Licensed Software, Licensed Materials, and Licensed Documentation.
14.2 You may terminate this Agreement at any time by promptly destroying all printed copies
and delete all electronic copies of any documentation that You have downloaded, printed, or
created relating to the Licensed Software, Licensed Materials, and Licensed Documentation,
and to ensure that no copies of any of the Licensed Software, Licensed Materials and
Licensed Documentation screens, data, or other content remain archived or otherwise stored
on Your computers.
14.3 This Agreement will also terminate automatically upon conditions set out elsewhere in
this Agreement, upon the Licensor’s termination of this Agreement, or if You fail to comply
with any term or condition of this Agreement or if You voluntarily return the Licensed
Software, Licensed Materials, and Licensed Documentation to us. You agree upon such
termination to promptly destroy all printed copies and delete all electronic copies of any
documentation that You have downloaded, printed or created relating to the Licensed
Software, Licensed Materials, and Licensed Documentation, and to ensure that no copies of
any of the Licensed Software, Licensed Materials, and Licensed Documentation screens, data,
or other content remain archived or otherwise stored on Your computers.
14.4 Notwithstanding termination, the provisions of Sections 8, 9, 10, 11 and 13 of this
The agreement shall survive and continue to apply.
15. COMPLIANCE WITH LAWS
You agree to comply with all applicable federal, state, and local statutes, ordinances, rules,
and regulations, including, without limitation, the rules and regulations under the U.S. Export
Administration Act and the U.S. Foreign Corrupt Trade Practices Act, as the same may be
amended from time to time. Without in any way limiting the foregoing, (a) You shall not
export or otherwise remove any Licensed Software, Licensed Materials, and Licensed
Documentation from the United States, either directly or indirectly, without the consent of
Licensor and without first obtaining any licenses or approvals as may be required from the
U.S. Department of Commerce and any other applicable agency or department of the United
States Government and (b) You agree that neither it, nor any officer, director, employee, or
agent of it (1) shall pay or be instructed to pay or give anything of value, either directly or
indirectly, to an official of any foreign government or any foreign political party for the
purpose of influencing an act or decision in such person’s official capacity, or inducing such
person to use such person’s influence with the foreign government in order to assist You in
obtaining or retaining business for or with, or directing business to, any person, or (2) are at
present or shall at any time during the term of this Agreement become an official, officer, or
representative of a foreign country.
16.1 ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive
statement of the Agreement between the Licensor and You with respect to the subject matter
of this Agreement and supersedes all proposals, representations, understandings, and prior
agreements, whether oral or written and all other communications between us relating to that
subject matter. Except as specifically provided for herein, this Agreement may not be altered,
amended, or modified except by an instrument in writing signed by a duly authorized
representative of each party.
16.2 SEVERABILITY. If any provision of this Agreement is declared or found to be illegal,
unenforceable, or void by a court of competent jurisdiction, then both parties shall be relieved
of all obligations arising under such provision, but only to the extent that such provision is
illegal, unenforceable, or void, it is the intent and agreement of the parties that this
The agreement shall be deemed amended by modifying such provision to the extent necessary to
make it legal and enforceable while preserving its intent or, if that is not possible, by
substituting therefore another provision that is legal and enforceable and achieves the same
objective. If the remainder of this Agreement shall not be affected by such declaration or
finding and is capable of substantial performance, then, each provision not so affected shall
be enforced to the extent permitted by law.
16.3 WAIVER. The waiver, modification, or failure to insist by You on any of the provisions
of this Agreement shall not void, waive, nor modify any of the other provisions nor be
construed as a waiver or relinquishment of You’s right to performance in the future of any
16.4 HEADINGS. Headings used herein are for reference purposes only and neither limits
nor amplifies the terms and conditions herein.
16.5 AUTHORITY. You represent and warrant that You have the full power and authority to
enter into and perform this Agreement. You also represent and warrant that the person signing
this Agreement on its behalf has been properly authorized and empowered to do so.
16.6 NOTICES. All notices under this Agreement shall be given in writing by delivery by a
published at the bottom of the website’s pages. Either party may from time to time change its
address for notification purposes by giving the other prior written notice of the new address
and the date upon which it shall become effective.
16.7 CHOICE OF LAW, VENUE, AND FORUM. This Agreement, the TOU, the privacy
policy and any operating rules for Australian Exchange websites shall be construed in
accordance with and governed by the laws of the United States and the State of Idaho,
without reference to their rules regarding conflicts of law. You hereby irrevocably consent to
the exclusive jurisdiction of the state or federal courts in Boise, Idaho, the United States in all
disputes arising out of or related to the use of the Website, Services, or this Agreement.
16.8 FORCE MAJEURE. If the performance of Licensor under this Agreement is prevented,
hindered, or otherwise made impractical by reason of flood, strike, war, acts of government,
or any other casualty or cause beyond the control of Licensor, then Licensor shall be excused
from its performance to the extent and so long as it is prevented, hindered, or delayed by such
17. ACKNOWLEDGEMENT AND EXCLUSIVITY
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND LICENSOR, AND THAT IT SUPERSEDES ANY
PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATION BETWEEN YOU AND THE LICENSOR RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT
BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE
Should You have any questions concerning this Agreement You may contact us via