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Service Agreement, Terms of Use and Disclaimer This Web site
(the "Site") is offered to you, the user, ("you" or "User") conditioned
solely upon your acceptance of all the provisions of this Agreement. By
accessing and using the Site, you agree to abide by all the provisions
of this Agreement.
Patent, Trademark and Copyright This
Site is operated by Stowers Innovations, Inc. ("Stowers"). Except as
otherwise provided in this Agreement, Stowers is either an authorized
licensee of, or the owner of all right, title and interest in this Site
and its contents, including without limitation, all patents,
copyrights, trademarks, service marks, trade dress, trade names and any
and all other Intellectual Property whether now known or here after
existing and all of the good will therein ("Intellectual Property").
The Site is for your personal, noncommercial use only, with no transfer
of title.
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, sell, or make any other use of any of the content
obtained from the Site. You may not use any of the Site content on any
other Web site or networked computer environment, or in any format or
medium, whether now known or hereafter existing. You may not remove any
Intellectual Property or legal notice from any content downloaded from
the Site.
Third Party Web Sites and Access This Site
may contain links and pointers to Internet sites maintained by third
parties. Stowers does not operate or control in any respect, or
endorse, the content found on such third-party sites. You assume sole
responsibility for use of third party links and pointers.
You
further acknowledge that all connections to, and transmissions through,
the Internet, including your access to this Site, are subject to
opportunities for access by third parties. As a result, by accessing
the Site, you acknowledge that you have no legitimate expectation of
privacy in such connections and/or transmissions, and Stowers shall not
be responsible for any such third party access to such connections
and/or transmissions.
Electronic Submissions Users
posting materials on this Site are responsible for the content of that
material. Stowers has no responsibility for the content of any messages
or information posted by users, or for the content of information of
third parties on the Internet, even if accessed through Stowers’ pages.
However, Stowers retains the right, which it may or may not exercise,
in its sole discretion, to review, edit or delete any such posted
third-party material which Stowers deems to be illegal, offensive or
otherwise inappropriate.
By voluntarily submitting questions,
comments, ideas, suggestions or other information, you agree that such
submissions are non-confidential for all purposes. You further agree
that such submissions become the property of Stowers Innovations and
that all title and interest therein, including all rights of copyright,
shall vest with Stowers Innovations at the time they are posted and/or
used by Stowers Innovations. Such submissions are subject to being
used, reproduced, modified, published, edited, translated, distributed,
performed and displayed in any media or medium, or any form, format or
forum now known or hereafter developed, for any purpose, in perpetuity
without further notice. The submission of such materials in no way
creates any obligation or duty on the part of Stowers Innovations to
post or use such materials or, if we do so, to give you credit or
compensation.
Modification of this Agreement Stowers
reserves the right to change this Agreement at any time by publishing a
revised version of this Agreement on the Site. You are responsible for
regularly reviewing this Agreement. Continued use of the Site following
any such changes means you accept and will abide by these changes.
Liability Disclaimer The
materials in this Site are provided "as is" and without warranties of
any kind, either expressed or implied, to the fullest extent
permissible pursuant to applicable law. Stowers disclaims all
warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose, title and noninfringement. Stowers does not warrant that the
Site will be operated free of delays in transmission, failure in
performance, computer viruses, inaccuracies or errors in the materials,
or other errors or defects. You use this Site at your own risk. You
understand and expressly agree that neither this Site nor the content
of this Site constitutes legal or investment advice and you agree you
have not relied on this Site, in any respect, for legal or investment
advice.
Under no circumstances, will Stowers be liable for any
direct, indirect, special, punitive, incidental or consequential
damages that arise out of or in connection with the use of the Site or
with the delay or inability to use the Site, or for any information,
hardware, software, products and services obtained through the Site, or
otherwise arising out of the use of the Site, even if advised of the
possibility of such damages. Because some states/jurisdictions do not
allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you. In no
event shall Stowers total liability to you for all damages, losses and
causes of action, including, but not limited to, breach of contract,
tort or negligence, exceed the amount paid by you, if any, for
accessing this Site.
Indemnification You agree to
defend, indemnify and hold Stowers Innovations and any affiliated
companies and directors, offices, employees, agents and representatives
of each harmless from and against any claims, actions, demands,
liabilities, costs and expenses, including reasonable attorneys’ fees,
resulting from, or alleged to result from, your violation of this
Agreement, your submission to this Site, your use of any content on or
accessible through this Site or your violation of any rights of another.
General Stowers
reserves the right to make any and all changes to the Site at its sole
discretion without notice to users. Stowers reserves the right to deny
access to the Site to anyone at any time, and to terminate this
Agreement at any time without notice in its sole discretion.
This
Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in the Site; provided, however,
that in the event of a conflict between such other terms and the terms
of this Agreement, the terms of this Agreement shall control.
This
Agreement is governed by the laws of the State of Missouri, in the
United States of America, without regard to conflicts of law
provisions. You consent to the exclusive jurisdiction and venue of
courts of Jackson County, Missouri, in the United States of America, in
all disputes arising out of or relating to the use of the Site.
If
any provision of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the Agreement shall
continue in effect.
This Agreement constitutes the entire
Agreement between you and Stowers with respect to the use of this Site.
Your use of this Site also is subject to Stowers Innovations Privacy
and Security Policy. A printed version of this Agreement and of any
notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
Any rights not expressly granted herein are reserved to Stowers.
Effective Date: February 25, 2004
© 1999-2006 Stowers Innovations, Inc. All rights reserved. |
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