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.