TERMS AND
CONDITIONS ("the Terms of Use")
You should
carefully read the Terms of Use before using Our Site. By
using Our Site or indicating your agreement by clicking
the Accept button putting a check in the Accept box, you
agree to be bound by the Terms of Use. This is a legally
binding agreement. If you do not agree with the Terms of
Use you should not use Our Site.
1. We agree to
provide you access to Our Site in accordance with the
Terms of Use.
2. You agree
to use Our Site in a manner consistent with any and all
applicable rules and regulations.
3. You accept
that Our Site is provided on an "as is, as available"
basis.
4. ALL
ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR
INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
5. YOUR ACCESS
TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR
ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE
SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR
MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA
OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR
ACCESSING OUR SITE.
7. You are
authorized to download one copy of the material on our
Site on one computer for your personal, non-commercial
use only but you may not in so doing remove or amend any
trademark, copyright or other proprietary
notice.
8. Subject to
the above, you may not modify, copy, distribute,
republish or upload any of the material on our Site
without our prior consent in writing. No intellectual
property or other rights shall be transferred to
you.
9. To the
extent that portions of our Site (such as "chat rooms" or
"bulletin boards") provide users an opportunity to post
and exchange information, ideas and opinions
("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR
REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB
SITE, and Postings do not necessarily reflect our views.
To the fullest extent permitted by applicable laws, we
exclude all responsibility and liability for the Postings
or for any losses or expenses resulting from their use
and/or appearance on our Site.
10. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF
OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS
CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER
LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR
SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME
TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR
DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
NECESSARY.
11. We reserve
the right to monitor all materials posted on this
bulletin board (“Postings”) and to remove any which we
consider in our absolute discretion to be offensive or
otherwise in breach of these Terms of
Use.
12. You hereby
represent and warrant that you have all necessary rights
in and to all Postings you provide and all material they
contain and that such Postings shall not infringe any
proprietary or other rights of third
parties.
13. Where we
provide hypertext links to other sites we do so for
information purposes only, and such links are not
endorsements by us of any products or services in such
sites and we accept no liability nor make any endorsement
or approval of the same.
14. The Terms
of Use contain the entire understanding between us with
respect of Our Site and no representation, statement,
inducement oral or written, not contained herein shall
bind either of us.
15. Should any
part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion
and such remaining portion shall remain in full force and
effect as if the invalid portion of the Terms of Use had
been eliminated.
16. This
Agreement is governed by the laws of the State of
Indiana, without regard to principles of conflict of
laws.
To the extent
you have in any manner violated or threatened to violate
Direct Sales Pages and/or its affiliates' intellectual
property rights, Direct Sales Pages and/or its affiliates
may seek injunctive or other appropriate relief in any
state or federal court in the State of Indiana, and you
consent to exclusive jurisdiction and venue in such
courts.
Any other
disputes will be resolved as follows:
If a dispute
arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon
mediator in the following location: Lawrenceburg, IN. Any
costs and fees other than attorney fees associated with
the mediation will be shared equally by each of
us.
If it proves
impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to
binding arbitration at the following location:
Lawrenceburg, IN, under the rules of the American
Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with
jurisdiction to do so.
|