Welcome to Our Website; Agreement Acknowledgement
We administer this Website (the "Site") as a service to our esteemed customers. By engaging with the Site, you agree to adhere to and be bound by the conditions specified in this Terms of Use Agreement (the "Agreement"). You recognize and confirm that your usage of the Site constitutes the electronic signing of a contract, thus establishing a legally binding agreement between you and us. If you do not consent to the full terms of the Agreement, you should refrain from any further use and not acquire any goods or services from the Site. This Agreement embodies the complete and exclusive understanding between you and us, superseding all previous or simultaneous agreements, representations, warranties, and understandings with respect to the Site, its content, the products or services provided by the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time without direct notification to you. The latest version of the Agreement will be accessible on the Site, and you should examine the Agreement prior to using the Site. For your convenience and future reference, the date of the most recent 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 use the Site in the future to detect any changes.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, and other elements related to the Site are safeguarded under applicable copyrights, trademarks, and other proprietary rights, including intellectual property rights. Any activities such as duplicating, altering, distributing, transmitting, exhibiting, selling, licensing, utilizing, publishing, or generating derivative works from any such materials or any part of the Site, except as explicitly authorized by the Agreement, are strictly forbidden. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The presentation of information or materials on the Site does not imply a waiver of any rights regarding such information and materials.
Trademarks
The Site includes certain marks and logos that may constitute our trademarks or those of our affiliates and subsidiaries. Other product and company names appearing 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 personal use and not for republication, distribution, exhibition, assignment, sublicense, sale, preparation of derivative works or other uses. No part 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 provide links on the Site to other websites which are not under our control. In general, any website which has an address (URL) that is different from this Site is such a website. These links are offered for convenience only and are not intended as an endorsement by us of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
You are permitted 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 aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks, (d) the appearance, position, and other aspects of the link may 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 this Site full-screen and not within a "frame" on the linked website, and (f) we reserve the right, at our sole discretion, to revoke 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 hold the exclusive right to edit 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, arising from your violation of this Agreement or your use of the Site.
Nontransferable
Your right to use the Site is nontransferable. Any password or right given 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 NON-INFRINGEMENT, 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. PARTICULARLY, 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE AND THE INFORMATION PROVIDED 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 equal to the purchase price you paid for any services or products obtained through the Site during the preceding twelve-month period.
Use of Information
We reserve the right, and you authorize us, to utilize and assign all information concerning 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 a part of this Agreement.
Payments
You represent and warrant that if you are purchasing something from us that (a) any credit card information you supply is 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, inclusive of 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 multitude of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, terms such as "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements. The Site and the information it contains does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information provided 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 deemed accurate at the time it was prepared, we disclaim any obligation or duty to update this information or any press releases. Information concerning companies other than ours contained in the press release or elsewhere, should not be considered as being endorsed 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 construed 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 pertaining to or in connection with this Agreement will be conducted solely in the state where our corporate headquarters is located. You expressly submit to the exclusive jurisdiction of these courts and consent to extra-territorial service of process. Should any part of this Agreement be deemed invalid or unenforceable, that portion shall be interpreted in accordance with applicable law, and the remaining portions will continue in full force and effect. This Agreement constitutes the complete and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to 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 shall take precedence. Our failure to enforce any provision of this Agreement shall not be interpreted as a waiver of such provision or of the right to enforce such provision.