BY ACCESSING, VIEWING OR OTHERWISE USING THIS WEB SITE YOU ARE AGREEING TO THE FOLLOWING DISCLAIMERS AND NOTICES ("DISCLAIMERS AND NOTICES"). "YOU", "YOUR" AND "USER" REFER TO ALL INDIVIDUALS AND/OR ENTITIES ACCESSING THIS WEB SITE FOR ANY REASON. "WE", "US" AND "OUR" REFER TO THE WEB SITE OWNER(S) AND/OR OPERATOR(S). PLEASE READ THESE DISCLAIMERS AND NOTICES CAREFULLY:
Changes to Disclaimers and Notices
Your access to and use of this Web site and all content ("Web Site Content") are subject to these Disclaimers and Notices, and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change from time to time without prior notice. From time to time, we may: (a) supplement or make changes to these Disclaimers and Notices and other rules or access and use procedures, documentation, security procedures and standards for equipment; (b) change the type and location of Web Site Content, system equipment, facilities or software; or (c) modify or withdraw any particular service or product referred to in this Web site or any Web Site Content. We reserve the right to terminate access to this Web site or take other actions we reasonably believe necessary to comply with the law or to protect our rights, affiliates or customers. Any access or attempt to access or use this Web site for any unauthorized or illegal purpose is strictly prohibited.
We make no guarantee as to, and assume no responsibility for, the correctness, sufficiency or completeness of any Web Site Content or recommendations on this Web site. We do not represent or endorse the accuracy or reliability of any Web Site Content or advertisements or information contained on, distributed through, or linked, downloaded or accessed from this Web site, nor the quality of any Web Site Content displayed, obtained or purchased by you as a result of your use of this Web site or any Web Site Content. You hereby acknowledge that any reliance upon this Web site, any Web Site Content or any third party content shall be at your sole risk. We reserve the right, in our sole discretion and without any obligation, to correct any error or omissions in any portion of this Web site or any Web Site Content at any time, with or without notice to you.
Restrictions on Use
Without our prior written consent, which consent may be given or withheld in our sole discretion, you may not: (a) sell, resell, sublicense, rent, lease, display, disseminate or otherwise publicly distribute any Web Site Content, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this Web site or any Web Site Content to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this Web site or any Web Site Content which you access in violation of, or post any information to any of our owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Web Site Content; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of this Web site or Web Site Content, or the selection, coordination or arrangement of the Web Site Content.
Submissions and Ideas
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to us through this Web site is deemed non-confidential and is our exclusive property. We are entitled to use any information or ideas submitted for any purpose without restriction and without compensation to or attribution or acknowledgement of the source.
Trademarks and Notices
Except as otherwise identified, the trademarks, including names, logos, slogans and service marks appearing at this Web site, and copyrights, whether registered or unregistered, are our property. Such trademarks and copyrights are not to be copied, reproduced, published or in any way used without written permission. No part of this Web site may be published, stored or transmitted in any form or means without our express written permission. You may download Web Site Content displayed on this Web site for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the Web Site Content.
You may not establish Hyperlinks either to this Web site or away from this Web site without our prior written consent, which consent may be given or withheld in our sole discretion. In our sole discretion, we reserve the right to remove a Hyperlink to this Web site or away from this Web site at any time and for any reason. All Hyperlinks approved shall be to the home page of this Web site. Framing at this Web site is expressly prohibited.
Third Party Sites
We advise you to exercise discretion while browsing this Web site and the Internet. In addition, Hyperlinks on this Web site may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Web sites may not be under our control, and we do not make any representations or warranties concerning any such Web sites which you may access via a Hyperlink from this Web site, and accordingly we are not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible via a Hyperlink to or from this Web site or for the Hyperlink itself. We provide these Hyperlinks to you only as a convenience, and the inclusion of any Hyperlink on this Web site is not and should not imply any endorsement by us of such linked Web sites.
Disclaimer of Warranties
ALL INFORMATION AND/OR WEB SITE CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, USAGE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. WE DO NOT WARRANT THAT ANY WEB SITE CONTENT OR OTHER INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY WEB SITE CONTENT, OTHER INFORMATION OR ANY THIRD PARTY WEB SITE CONTENT USED WITH OR THROUGH OR PROVIDED BY US, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION OR WEB SITE CONTENT WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEB SITE OR THE WEB SITE CONTENT, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGE TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE OR ANY WEB SITE CONTENT. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE WE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, WE DO NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUT, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND TRANSACTIONS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THIS WEB SITE OR ANY WEB SITE CONTENT.
YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS WEB SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE WEB SITE OR ANY SOFTWARE, HARDWARE, INFORMATION, DATA, SYSTEM OR CONTENT OF ANY OTHER USER OF THE WEB SITE OR WEB SITE CONTENT. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.
Limitation of Liability
WE SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES INCLUDING FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEB SITE, THE WEB SITE CONTENT OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY WEB SITE CONTENT PROVIDED BY US THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN THE COMPANY SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
If any part or parts of these Disclaimers and Notices are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Disclaimers and Notices affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Web site, the Web Site Content, and any and all other matters related hereto, shall be governed by applicable United States federal law and the laws of the State of California, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Web site or any Web Site Content. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being.
Export Laws; Third Party Products and Services
You agree to comply with all applicable export laws, regulations and restrictions. Web Site Content we place on or make available through this Web site may contain references or cross references to third party products, programs and services that are not announced or available in your country. Such references do not imply that either we or such third party intends to announce or make available such products, programs or services in your country. Consult us or the applicable third party for information regarding any such products, programs or services. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
Communications made by e-mail or though this Web site shall in no way be deemed to constitute legal notice to us or any of our divisions, subsidiaries, affiliates, officers, employees, agents or representatives regarding any existing or potential claim, or cause of action against us or any of our divisions, subsidiaries, affiliated companies, officers, employees, agents, or representatives, where notice is required by any federal, state or local laws, rules or regulations.
The information and Web Site Content may use terms that have technical meanings that may be different from their ordinary meanings and require specialist knowledge and expertise to understand properly and use effectively.
Collection of Information from Web Site Visitors
We may collect and/or track the following information: (a) the Internet Protocol addresses for system administration and auditing site usage; (b) home server domain names, e-mail addresses, type of client computer, and type of Web browser of visitors to this Web site, (c) the e-mail addresses of visitors that communicate with us via e-mail, (d) user-specific information on what pages visitors access; and (e) any other information you provide to us through the Web site.
We may also use Internet cookies and other types of clickstream data on visitors' hard drives. Internet cookies save, among other things, the visitor's name, password, user-name, screen preferences, the pages of the Web site viewed by the visitor, and the advertisements viewed or clicked by the visitor. Internet cookies are stored on the visitor's hard drive and are not stored, in any form, by us. Visitors may decline the Internet cookies by using the appropriate feature of their Web client software, if available.
Use and Disclosure of Personal Information
Personal data, including, but not limited to, your name, address, email address and telephone number ("Personal Information"), that is collected by us will not be shared with third parties in a personally-identifiable form but may be used by us for purposes including, but not limited to, to protect our rights, property or to enforce the terms and conditions of this Web site, to comply with laws, regulations, court orders or other legal processes, to contact you or otherwise respond to your request/inquiries, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of user behavior, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of our Web site. In addition, Personal Information collected may be added to our databases and used for future calls and mailings regarding Web site updates, new products and services and other announcements. We may transfer your Personal Information to the subsidiaries, divisions, affiliates or other entities under common ownership with us. We will not sell, exchange or publish your personal information without your permission, except as noted above or in conjunction with a corporate sale, merger, dissolution, acquisition, or other similar event. You also agree that we may share your Personal Information with others who help us with these activities.
Use and Disclosure of Anonymous Information
All information that is not personal to you or someone else, including, but not limited to, questions, comments, ideas and suggestions ("Anonymous Information") shall be deemed non confidential information and owned by us. We will not obtain your consent before posting collected data on our Web site, or sharing, renting, selling, or otherwise disclosing Anonymous Information to third parties. We shall be free to disclose and use the Anonymous Information for any purpose and through any means without any obligations whatsoever to you. Further, we are free to use any ideas, inventions, concepts, know-how or techniques provided or submitted to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing new products and services.
Access to and Ability to Correct Personal Data
Upon request via e-mail we will provide to visitors a summary of any Personal Information retained by us. Visitors may modify, correct, change, or update their personal record or cause their personal record to be removed from our database. We will only send personal records to the e-mail address on file for the visitor name associated with it.
Collection of Personal Data from Children
Our Web site is not intended for or marketed to persons under the age of 18. We do not collect or post information from children under the age of 13 ("children") unless done so with the authorization of a parent or guardian. We do not and will not provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. In the event a child submits information to our Web site and we become aware of it, the child's parent or guardian will receive an e-mail alerting them to the child's registration and providing instructions on how the parent could delete the child's registration, if so desired. No information collected from children is used for any marketing or promotional purposes whatsoever.
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