Welcome to Our Website; Agreement Acknowledgement
We administer this Website (the "Site") as a service to our esteemed customers. By accessing the Site, you agree to comply with and be bound by the provisions stipulated in this Terms of Use Agreement (the "Agreement"). You recognize and agree that your utilization of the Site constitutes the electronic signing of a contract, thereby establishing a legitimate, binding contract between you and us. If you disagree with any part of the Agreement, you must cease all activities and not acquire any goods or services from the Site. This Agreement constitutes the full and exclusive agreement between you and us, supplanting all previous or concurrent agreements, representations, warranties, and understandings concerning the Site, its content, the goods or services provided through the Site, and the subject matter of this Agreement. This Agreement may be modified by us at any time without direct notice to you. The latest version of the Agreement will be displayed on the Site, and you should review the Agreement before using the Site. For your reference and future use, the date of the current Agreement version is noted below. You can print the version of the Agreement that you have reviewed and consented to, and compare it to the version when you access the Site in the future to discern any changes.
Copyright
The composition, layout, graphics, design, compilation, digital conversion, and other materials related to the Site are secured under applicable copyrights, trademarks, and other proprietary rights, including intellectual property rights. Actions such as copying, modifying, disseminating, transmitting, presenting, selling, licensing, utilizing, publishing, or creating derivative works from any such materials or any segment of the Site, except as expressly authorized by the Agreement, are strictly forbidden. You do not gain ownership rights to any content, document, or other materials viewed through the Site. The presentation of information or materials on the Site does not constitute a relinquishment of any rights concerning such information and materials.
Trademarks
The Site encompasses certain marks and logos that may represent our trademarks or those of our subsidiaries and affiliates. Other product and company names featured on the Site may be trademarks of their respective owners.
Limited Right to Use
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, exhibition, assignment, sublicense, sale, preparation of derivative works, or other applications. No portion of any content, form, or document may be reproduced in any form or integrated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We may offer links on the Site to other websites which are not under our governance. Generally, any website which has an address (or URL) different from this Site is such a website. These links are provided for convenience only and do not imply an endorsement by us of the entity or individual managing the website or a warranty of any type regarding the website or the information on the website.
You are allowed to provide a hypertext link to the Site on another website, under the following conditions: (a) the link must be clearly identified as the URL of the Site, (b) the link must "point" to the URL home page and not to other pages within the Site, (c) the appearance, position, and other attributes of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks, (d) the appearance, position, and other attributes of the link must not create the false impression that an entity is associated with or sponsored by us, (e) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked website, and (f) we may, at our sole discretion, revoke the consent to link to the Site at any time. All other hypertext links to the Site must be approved in writing by us.
Editing, Deleting, and Modification
We retain the exclusive right to modify or delete any documents, information, or other content appearing on the Site at our discretion.
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 breach of this Agreement or use of the Site.
Nontransferable
Your right to use the Site is nontransferable. Any password or right provided to you to obtain information or documents is nontransferable.
Disclaimer
THE CONTENT, PRODUCTS, AND SERVICES ACQUIRED 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, TITLE, OR NONINFRINGEMENT, SECURITY, OR ACCURACY). WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, PRODUCTS, OR SERVICES ACQUIRED FROM THE SITE. 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 YOU AND US. THE 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.
Limits
Our maximum liability to you under all circumstances will be equivalent to the amounts we received in connection with any services or products you purchased through the Site during the preceding twelve-month period.
Use of Information
We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in a manner consistent with our Privacy Policy.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is part of this Agreement.
Payments
You declare and warrant that if you are purchasing something from us that (a) any credit card details you supply are accurate, correct, and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will settle the charges incurred by you at the posted prices, including any applicable taxes.
Securities Laws
This Site may contain 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 numerous assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When utilized on our Site, phrases such as "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the 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.
Information and Press Releases
The Site contains information and press releases about us. While this information was considered accurate as of the date it was prepared, we disavow any duty or responsibility to update this information or any press releases. Information about companies other than ours contained in the press release or elsewhere, should not be relied upon as being approved or provided by us.
Miscellaneous
This Agreement will be treated as if it were executed and performed in the state where our corporate headquarters is located and will be governed by and interpreted in accordance with the laws of this state (without regard to conflict of law principles). Any legal action by you related to the Site (and/or any information, products, or services related thereto) must be initiated within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings related to or in connection with this Agreement will be brought solely in the state where our corporate headquarters is located. You explicitly submit to the exclusive jurisdiction of these courts and consent to extra-territorial service of process. Should any part of this Agreement be found invalid or unenforceable, that portion will be interpreted in accordance with applicable law, and the remaining portions will remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings concerning the Site, the content, goods, and services provided by or through the Site, and the subject matter of this Agreement. If anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision.