 Terms
& Conditions |
These
govern your use of the Web site. These Terms and Conditions, however,
DO NOT APPLY to the products or services, which
are the subject of separate agreements. |
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Website Term & Conditions
- Permitted Use
You have a nonexclusive, nontransferable,
limited, revocable right to use the Web site solely for Your informational
use in evaluating the Company and its products and services. You may not
use the Web site for any other purpose without the Company's express prior
written consent, including, without limitation, any commercial purpose.
You may not take any
action that violates our Acceptable
Use Policy.
- Proprietary Information
You will not reproduce, transmit, publish
or distribute sublicense or otherwise transfer or make available to others,
or edit, modify or create any derivative works of all or any part of the
Web site or the Content, without the express written consent of the Company,
other than limited printed copies of materials that you may need for Your
own use and that contains all of the Company's copyright and other notices.
- Disclaimer
You will have access to a variety of third
party sources of content through the use of the Web site and the Internet.
The Company has made no effort to verify the accuracy or suitability of
any information contained in any such sources, including, without limitation,
any other website that you can link to from the Web site. Accordingly,
the Company has no liability or responsibility whatsoever for any content
provided by any other Person contained on or obtained through the Web site.
You acknowledge and agree that any access, use or reliance on any such
third party content is at Your own risk. You understand that, except for
information, products or services clearly identified as being supplied
by the Company, the Company does not operate, control or endorse any information,
products or services of any other Person on the Web site or the Internet
in any way. You also understand and agree that the Company does not guarantee
or warrant that files available for downloading from the Web site or through
the Internet will be free of infection or viruses, worms, Trojan horses
or other malicious code that may adversely effect You, Your computer or
computer systems or Your data or files. In addition, You are responsible
for implementing sufficient procedures and checkpoints to satisfy Your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction of any
lost data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED
THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT
TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING,
USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
- Privacy Policy
See Privacy
Policy page.
- Limitation on Liability
THE COMPANY, ITS LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS,
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES,
EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS
TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID
TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS
FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
- Indemnity
You will indemnify and hold
the Company, its licensors, content providers, service providers, employees,
agents, officers, directors and contractors (the "Indemnified Parties" )
harmless from Your breach of any of these Terms And Conditions or any other
terms, conditions, policies or procedures contained on the Web site, including,
without limitation, any use of Content other than as expressly authorized
in these Terms and Conditions. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorized use,
and You agree to indemnify and hold harmless the Indemnified Parties from
any and all resulting loss, damages, judgments, awards, costs, expenses,
and attorneys' fees in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any claims brought
by third parties arising out of Your use of the information accessed from
the Web site.
- Trademarks
All trademarks, service marks and logos are
the property of either the Company, its content providers or other third
parties. The Company, its content providers and such third parties retain
all rights with respect to any of their respective trademarks, service
marks or logos.
- Miscellaneous
- Entire Agreement; Amendments
These Terms and Conditions, together
with the Acceptable Use Policy and the Privacy Policy, supersede
any prior discussions, negotiations and agreements between the parties
with respect to the subject matter hereof, and these Terms and Conditions,
together with the Acceptable Use Policy and the Privacy Policy, constitute
the sole and entire agreement between the parties with respect to
the matters covered hereby.
- Severability
The provisions of these Terms and Conditions may
be exercised and are applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render these Terms
and Conditions illegal, invalid or unenforceable. If any provision
or portion of any provision of these Terms and Conditions are held
to be illegal, invalid or unenforceable by a court of competent jurisdiction,
the remaining provisions or portions thereof shall apply with respect
to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
- Waiver
No failure or delay on the part of the Company to exercise
any right or remedy hereunder is a waiver thereof. No express waiver or assent
by the Company to any breach of or default in any of these Terms
and Conditions shall constitute a waiver of or an assent to any succeeding
breach of or default in the same or any other term or condition hereof.
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