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Section
1. Use of Material.
The Company authorizes you to view and download a reasonable number of copies of
the material on this Web Site solely for your personal, noncommercial use.
Special rules may apply to the use of certain software and other items provided
on the Web Site. Any such special rules will be listed as "Legal Notices" on
this Web Site and are incorporated into this Agreement by reference.
The contents of this
Web Site, such as text, graphics, images and other material
("Material"), are protected by copyright under both United States and
foreign laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright and other
proprietary notices contained in the original Material on any copy you
make of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment
for any purpose is prohibited.
If you violate any of
these Terms and Conditions, your permission to use the Material
automatically terminates and you must immediately destroy any copies you
have made of the Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to be
obtained from using the Web Site and the Material. The use of the Web
Site and the Material is at your own risk. We periodically make changes
to the Web Site and may do so at any time.
THE COMPANY DOES NOT
WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF
YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND
MATERIAL ARE PROVIDED ON AN "AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS
FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. THE COMPANY
MAKES NO WARRANTY THAT (i) THE OPERATION OF THE WEB SITE WILL YOU'RE
YOUR REQUIREMENTS; (ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF
ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB
SITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED.
YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL SERVICING,
REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT
AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU
MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is
considered to be non-confidential. By posting communications to the Web
Site, you automatically grant the Company a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights
through multiple tiers of sublicenses.
As a user of the Web
Site, you are responsible for your own communications and the
consequences of their posting. You must not do any of the following:
post material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it; post material
that reveals trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of
others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another User or any
other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or
pyramid schemes; or impersonate another person.
The Company does not
screen communications in advance and is not responsible for screening or
monitoring material posted by users. If notified by a user of
communications which allegedly do not conform to this Agreement, The
Company may investigate the allegation and determine in good faith and
its sole discretion whether to remove or request the removal of the
communication. The Company has no liability or responsibility to users
for performance or nonperformance of such activities. The Company
reserves the right to expel users and prevent their further access to
the Web Site for violating this Agreement or the law and the right to
remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are
provided solely as a convenience to you and not as an endorsement by the
Company of the contents on any third-party Web sites. The Company is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of their
materials. If you decide to access linked third-party Web sites, you do
so at your own risk.
Section 6. Software Licenses.
All software, and all files, images and data relating to the software,
that is made available for downloading from the Web Site ("Software") is
protected by copyright and may be protected by other rights. You do not
own the downloaded Software, and the Company does not transfer ownership
of the Software to you. The Company retains full ownership of and title
to the downloaded Software and all intellectual property rights related
to the Software. You may not redistribute, sell, decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a
human-perceivable form. The downloading and use of such software is
conditioned on your agreement to be bound by the terms of the License
Agreement.
Section 7. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OR
INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEBSITE. THE
COMPANY SHALL NOT BE LIABLE EVEN IF THE COMPANY OR A COMPANY AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR,
OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN
OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER
HARMFUL COMPONENT.
Section 8. Limitations as to Sections 6 and 7.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE COMPANY’S TOTAL
LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB
SITE.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material
(including Software) or your breach of the terms of this Agreement. The
Company shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding.
Section 10. Export Control.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the Materials (including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country where such
export is prohibited or are a person or entity to which such export is
prohibited. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of the
product.
Section 11. User Information.
The Company may use the information it obtains relating to you,
including your IP address, name, mailing address, email address and use
of the Web Site, for its internal business and marketing purposes, but
will not disclose the information to third parties for such purposes
except as permitted by applicable law and our Privacy Policy.
Section 12. Privacy.
The Company understands that privacy is a major concern for many
consumers who do business or conduct transactions online. The Company
will not share or disclose any of the personally identifiable
information we collect about you from the Web Site other than in
accordance with its Privacy Policy and applicable law. To see how the
Company uses and protects the personal information you may provide on
the Web Site, please click on this link to the company's privacy policy
Section 13. General.
This Web Site is based in Minnesota. The Company makes no claims the
Materials are appropriate or may be downloaded outside of the United
States. Access to the Materials (including Software) may not be legal by
certain persons or in certain countries. If you access the Web Site from
outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. This
Agreement is governed by the internal substantive laws of the State of
New York, without respect to its conflict of laws principles. You agree
that any action at law or in equity arising out of or relating to this
Agreement shall be filed only in the state or federal courts located in
New York and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If any
provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or
any other term. Except as expressly provided in a particular "Legal
Notice" or Software License or material on particular Web pages, this
Agreement constitutes the entire Agreement between you and the Company
with respect to the use of the Web Site. Any changes to this Agreement
must be made in writing, signed by an authorized representative of the
Company.
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