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Terms of Use
This web site (the “Site”) is provided as
a service to our customers. Please note that your use of this
Site constitutes your unconditional agreement to follow and be
bound by these Terms of Use. We reserve the right to modify these
Terms of Use at any time without prior notice.
All materials, including but not limited to images, illustrations,
text, data and data base, pricing information, format, layouts,
designs, icons, programs, source code (including HTML and JavaScriptT),
media downloads, and written and other materials that are part
of this Site (collectively the “Content”) are provided solely
for the personal, non-commercial use of our customers. Accessing
this Site for anything other than personal, non-commercial
use is strictly prohibited. Downloading or accessing any of
the Content on this Site does not entitle you to any right
or interest in the Content. You may not reproduce, publish,
transmit, distribute, display, modify, create derivative works
from, sell or participate in any sale of or exploit in any
way, in whole or in part, any of the Content, the Site or any
related software.
You are prohibited from violating or attempting to violate
the security of the Site, including, without limitation, (a)
accessing data not intended for your use or logging onto a
server or an account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere
with service to any user, host or network, including without
limitation, via means of submitting a virus to the Site, overloading,
“flooding,” “spamming,” “mailbombing” or “crashing;” or (d)
sending unsolicited email, including promotions and/or advertising
of products or services. Violations of system or network security
may result in civil or criminal liability.
You agree not to use any device, technique, software, system
or routine to interfere or attempt to interfere with, or to
otherwise circumvent the proper working of this Site or any
activity being conducted on this Site. You agree, further,
not to use or attempt to use any engine, device, technique,
software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, scrapers, avatars
or intelligent agents) to navigate, access or search this Site,
other than generally available third party web browsers such
as Microsoft Internet Explorer™, Netscape Navigator™, Safari™
and Mozilla Firefox™. Additionally, you agree that you will
not take any action that imposes or may impose (in our sole
discretion) an unreasonable or disproportionately large load
on our infrastructure, or bypass other measures we may use
to prevent or restrict access.
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled
or licensed by us, our affiliates or by third parties who have
licensed their materials to us and are protected by U.S. and
international copyright laws. We and our suppliers and licensors
expressly reserve all intellectual property rights in all Content,
products, processes, technology
and other materials which appear on this Site.
You agree to defend, indemnify and hold harmless us and our
affiliates from and against any and all claims, damages, costs
and expenses, including attorneys’ fees, arising from or related
to your use of the Site.
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE”
BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS
SITE . TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY
MERCHANDISE OFFERED ON THIS SITE . SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL
WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THIS SITE , INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA , WORK STOPPAGE, ACCURACY OF CONTENTS OR RESULTS,
OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING
THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM
AROSE.
These Terms of Use represent the complete agreement between
you and us and supersedes all prior Terms of Use agreements
and representations between you and us. Our failure to act
with respect to a breach of these Terms of Use by you or others
does not constitute a waiver and shall not limit our rights
with respect to such breach or any subsequent breaches. |