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This document was last updated on 16
May, 2011.
This
Terms of Use Agreement sets forth the standards of use of
the Limas & Associates Online Service. By using the Limas &
Associates /http://www.limasassociates.com website you
(the “Member”) agree to these terms and conditions. If you
do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately
upon being posted at Limas & Associates
/http://www.limasassociates.com website. Your continued use
of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1.
Disclaimer of Warranties. - The site is provided by
Limas & Associates on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law,
Limas & Associates makes no representations or warranties of
any kind, express or implied, regarding the use or the
results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Limas & Associates
shall have no liability for any interruptions in the use of
this Website. Limas & Associates disclaims all warranties
with regard to the information provided, including the
implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion is
inapplicable.
2.
Limitation of Liability - Limas & Associates SHALL
NOT be liable for any damages whatsoever, and in particular
[Insert Name of Company] shall not be liable for any
special, indirect, consequential, or incidental damages, or
damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this web site or the
information contained in it, whether such damages arise in
contract, negligence, tort, under statute, in equity, at
law, or otherwise, even if [Insert Name of Company] has been
advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
3.
Indemnification - Member agrees to indemnify and
hold its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Member’s use of the Service,
the violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or
entity.
4.
Modifications and Interruption to Service- Limas &
Associates reserves the right to modify or discontinue the
Service with or without notice to the Member. Limas &
Associates shall not be liable to Member or any third party
should Limas & Associates exercise its right to modify or
discontinue the Service. Member acknowledges and accepts
that Limas & Associates does not guarantee continuous,
uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected
by numerous factors or circumstances outside of our control.
5.
Third-Party Sites - Our website may include links
to other sites on the Internet that are owned and operated
by online merchants and other third parties. You
acknowledge that we are not responsible for the availability
of, or the content located on or through, any third-party
site. You should contact the site administrator or
webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to
the terms of use and privacy policies of each site, and we
are not responsible therein. We encourage all Members to
review said privacy policies of third-parties’ sites.
6.
Disclaimer Regarding Accuracy of Vendor Information -
Product specifications and other information have
either been provided by the Vendors or collected from
publicly available sources. While Limas & Associates makes
every effort to ensure that the information on this website
is accurate, we can make no representations or warranties as
to the accuracy or reliability of any information provided
on this website. Limas & Associates makes no warranties or
representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that
any reliance on representations and warranties provided by
any Vendor shall be at your own risk.
7.
Governing Jurisdiction of the Courts Texas - Our
website is operated and provided in the State of Texas. As
such, we are subject to the laws of the State Texas, and
such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no
representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to
do so subject to the internal laws of the State Texas.
8.
Compliance with Laws. - Member assumes all
knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the
Service in any way that violates applicable state, federal,
or international laws, regulations or other government
requirements. Member further agrees not to transmit any
material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
9.
Copyright and Trademark Information - All content
included or available on this site, including site design,
text, graphics, interfaces, and the selection and
arrangements thereof is ©2002-2008 Limas & Associates with
all rights reserved, or is the property of Limas &
Associates and/or third parties protected by intellectual
property rights. Any use of materials on the website,
including reproduction for purposes other than those noted
above, modification, distribution, or replication, any form
of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission
of an authorized officer of Limas & Associates is strictly
prohibited. Members agree that they will not use any robot,
spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained
therein without prior written permission of an authorized
officer of Limas & Associates are proprietary marks of
http://www.limasassociates.com. Limas & Associates
trademarks may not be used in connection with any product or
service that is not provided by Limas & Associates in any
manner that is likely to cause confusion among customers, or
in any manner that disparages or discredits Limas &
Associates .
All other
trademarks displayed on Limas & Associates website are the
trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to
the web sites of Vendors is not intended to imply, directly
or indirectly, that those Vendors endorse or have any
affiliation with Limas & Associates.
10.
Notification of Claimed Copyright Infringement -
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, Limas
& Associates designates the following individual as its
agent for receipt of notifications of claimed copyright
infringement.
By Email:
mailto:support@limasassociates.com
11.
Botnets - Limas & Associates retains the right, at
our sole discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are used as
command and control points for botnets, Limas & Associates
reserves the right to direct the involved hostnames to a
honeypot, loopback address, logging facility, or any other
destination at our discretion.
12.
Other Terms - If any provision of this Terms of Use
Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by Limas &
Associates in our sole discretion, to a third party in the
event of a merger or acquisition. This Terms of Use
Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees
that by accepting this Terms of Use Agreement, Member is
consenting to the use and disclosure of their personally
identifiable information and other practices described in
our Privacy Policy Statement.
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