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TERMS OF USE |
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By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, please
discontinue your access.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties, and understandings with respect to
the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior
to using the Site.
2. Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion,
and other matters related to the Site are protected under
applicable copyrights, trademarks, and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4,
is strictly prohibited. You do not acquire ownership rights to
any content, document, or other materials viewed through the
Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and
materials.
3. Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form, or document from the
Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works, or other use. No part of any
content, form, or document may be reproduced in any form or
incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for
resale or redistribution).
4. Editing, Deleting, and Modification. We reserve the
right in our sole discretion to edit or delete all information
provided by you and other content appearing on the Site.
5. Indemnification. You agree to indemnify, defend and
hold us and our partners, attorneys, staff, and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim, and expense, including reasonable
attorney’s fees, related to your violation of this Agreement or
use of the Site.
6. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain
information or documents is not transferable.
7. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE DO NOT GUARANTEE THE ACCURACY OF ALL
INFORMATION APPEARING ON THE SITE. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY SERVER
ERRORS, PROGRAMMING ERRORS, VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER
ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY
FOR ANY GOODS, SERVICES OR INFORMATION.
8. Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy.
9. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may
purchase certain goods or services. You understand that we do
not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are
not a party to the transactions entered into between you and
Merchants. You agree that use of such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
10. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not
responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf
of the other.
11. Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a
part of this Agreement.
12. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any
credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
13. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our
products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The
Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
14. Links to other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
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