| This Internet Web Site Use Agreement (the
"Agreement") is between you and Ellison Service Corporation (the
"Company") with offices in Lake Worth, Florida, USA. Your use of the
Company Internet Web Site (the "Web Site") is subject to the following
terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEB SITE. Use of the Web Site signifies your
unconditional agreement to the terms and conditions of this Agreement.
If you do not agree to these terms and conditions of use, do not
access or otherwise use this Web Site.
(2) The Company may gather, process and use information and
materials received from you (e.g., name, physical address, e-mail
address) or collected through your use of the Web Site for any lawful
reason or purpose.
(3) The Company reserves the right, at its sole discretion, from
time to time to change, modify, add or remove any portion of this
Agreement, in whole or in part, at any time. Notification of changes
in the Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to
U.S. copyright laws, international conventions and other intellectual
property laws. You will abide by any and all copyright notices,
trademark notices, ownership information or restrictions contained in
any Content on the Web Site. You may download and make copies of the
Content and other downloadable items displayed on this Web Site,
provided that you maintain all copyright and other notices contained
in such Content. Copying or storing of any Content on the Web Site for
reproduction, redistribution or publication to third parties for
commercial purposes is expressly prohibited without prior written
permission from the Company. All rights to the Mission's copyrighted
materials not expressly granted herein are reserved by the Company.
(5) The Company, at its sole discretion, may change, suspend or
discontinue any aspect of the Web Site at any time, including the
availability of any Web Site feature, database or Content. Company may
also impose limits on certain features and services or restrict your
access to parts or all of the Web Site without notice or liability.
(6) You represent, warrant and covenant that you shall not upload,
post or transmit to or distribute or otherwise publish through the Web
Site any materials which: (i) restrict or inhibit any other user from
using and enjoying the Web Site; (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent; (iii) constitute
or encourage conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law or governmental
regulation; (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right; (v)
contain a virus or other harmful or destructive elements; (vi) contain
any information, software or other material of a commercial nature;
(vii) contain advertising of any kind; or (viii) constitute or contain
false or misleading indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the
Company, and all its officers, directors, agents, employees,
information providers, affiliates, licensors and licensees from and
against any and all liabilities, claims, penalties, losses, damages,
cost and expense (including court costs and reasonable attorney's
fees, interest expense and amounts paid in compromise or settlement),
suits or actions arising out of or resulting from any breach by you of
this Agreement, including the foregoing representations, warranties
and covenants. You shall cooperate as fully as reasonably required in
the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the
other World Wide Web Internet sites and resources operated and
controlled by parties other than the Company. Links to and from the
Web Site to such third party sites do not imply or constitute an
endorsement by the Company of any third party material or contents.
(9) The Company does not represent or endorse the accuracy or
reliability of any advice, opinion, statement or other information
displayed or distributed through the Web Site. You acknowledge that
any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. The Company reserves the
right, in its sole discretion, to correct any errors or omissions in
any portion of the Web Site.
(10) The Company reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in the Mission's sole discretion
are objectionable or in violation of this Agreement.
(11) THE Company WEB SITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THE Company MAKES NO REPRESENTATION OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE
SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT
LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE
WEB SITE OR ANY LINKED SITE. FURTHER, THE Company DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE Company DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE
CORRECTED. THE Company SHALL NOT BE LIABLE FOR THE USE OF THE WEB
SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE
Company SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY
INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE Company OR ANY OF ITS
AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE
PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the Web Site may be based
upon the Mission's management's current expectations, estimates and/or
projections about the Mission's markets and industries. These
statements about the Company are forward-looking statements which are
not guarantees of future performance and involve certain risks,
uncertainties and assumptions that are difficult to predict.
Therefore, actual outcomes and results may differ from what is
expressed or forecasted. Among the factors that could cause actual
results to differ are uncertainties in competitive pricing pressures,
general domestic and international economic conditions and market
demand.
(13) By posting messages, uploading files, inputting data or
engaging in any other form of communication (individually or
collectively "Communications") to the Web Site, you hereby grant to
the Company a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise fully exploit such Communications, in all
media now known or hereafter developed. You hereby waive all rights to
any claim against the Company for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral
rights and rights of attribution in connection with such
Communications.
(14) You acknowledge that Communications involving the Web Site are
not confidential and that Communications may be read or intercepted by
others. You acknowledge that by submitting Communications to the
Company, no confidential, fiduciary, contractually implied or other
relationship is created between you and the Company other than
pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO
CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING
OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR
FEDERAL COURT LOCATED IN THE STATE OF FLORIDA.
(16) The Company has a long standing policy that does not allow it
to accept or consider creative ideas, suggestions or materials other
than those which have been specifically requested or otherwise
affirmatively solicited by the Company in writing. It is the intent of
this policy to avoid possible misunderstandings as to the ownership of
creative ideas, concepts, suggestions or materials. If you send any
creative materials, suggestions, ideas, notes, drawings, concepts or
other information (collectively known as the "Information") to the
Company in printed form, electronic means or otherwise, the
Information shall be deemed to be the property of the Company and
shall not be subject to any obligations of confidence, non-disclosure
or non-usage. The Company is hereby entitled to unrestricted usage of
the Information on a worldwide basis without compensation to the
provider of the Information.
(17) This Agreement constitutes the entire agreement between the
Company and you with respect to your use of and access to the Web
Site. This Agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and the Company with respect to the Web Site. Use of the
Web Site is unauthorized in any jurisdiction that does not give effect
to all of the terms and conditions of this Agreement. Any cause of
action you may have with respect to your use of and access to the Web
Site must be commenced within one (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction
finds any provision of this Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give legal effect to the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and
effect. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the Web Site
to the same extent and subject to the same conditions as other
business documents and records generated and maintained in printed
form by the Company. The failure of the Company to enforce any
provision of this Agreement shall not be deemed a waiver of such
provision nor bar the Mission's right to enforce the provision.
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