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Terms of Use
Agreement
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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Privacy Policy. Our Privacy Policy, as it
may change from time to time, is a part of this
Agreement.
- 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.
- 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.
- 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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