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Web Site Terms of Use and Legal Restrictions
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS")
CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES
YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM
THIS SITE.
The Site and its Use: Davis & Davis Co. ("Davis &
Davis ") Web site is owned and provided by Davis & Davis
from its offices in Denver, Colorado. The applicable Web site
or sites are referred to herein as the "Site." Each
Site is provided for your personal information and non-commercial
use. Please feel free to browse the Site; however, your access
to and use of the Site is subject to these Terms and all applicable
laws.
You shall use the Site for lawful purposes only. You shall not
post or transmit through the Site any information or material
which violates or infringes, in any way, the rights of others,
or which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane, harassing,
or otherwise objectionable. Nor shall you post or transmit through
the Site any information or material which encourages conduct
that would constitute a criminal offense, give rise to liability
or otherwise violate any law or administrative ruling or guidelines,
is in violation of these Terms, or which, without Davis &
Davis' prior written approval, contain advertising or any solicitation
with respect to products or services. Any conduct by you that,
in Davis & Davis' opinion, restricts or inhibits any other
user from using or enjoying the Site will not be permitted.
The Site contains information and materials, including but not
limited to, text, software, photos, video, graphics and audio,
(collectively "Materials") which are derived in whole
or in part from information and materials supplied by Davis &
Davis and other sources, and are protected by international copyright,
trademark and other laws and the entire content of the Site is
copyrighted as a collective work under the United States Copyright
Laws. Davis & Davis owns the copyright in the overall selection,
coordination, arrangement and enhancement of such content, and
owns the rights in, or license to use, the individual components
of such content. Materials may not be copied, reproduced, republished,
modified, uploaded, posted, transmitted or distributed in any
way or decompiled, reverse engineered or disassembled, including
but not limited to the text, images, audio and/or video, as well
as any software (including but not limited to any images or files
incorporated in or generated by the software or data accompanying
such software), except that you may download one copy of the Materials
on any single computer for your personal, non-commercial use only,
provided you keep intact all copyright, trademark and other proprietary
notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials
and by your use of the Site, you acknowledge that you do not acquire
any license, ownership or other rights to the Materials. Modification
of the Materials or use of the Materials for any other purpose
is a violation of Davis & Davis' or such other sources' copyright,
trademark and other proprietary rights and may violate other laws.
The use of any such Materials on any other Web site or networked
computer or environment is prohibited without Davis & Davis'
express written consent. If you breach any of these Terms, your
authorization to use the Site automatically terminates and you
must immediately destroy any downloaded or printed Materials.
Disclaimer: THE SITE AND MATERIALS AND RELATED COMMUNICATIONS
ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR
FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW
FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES.
DAVIS & DAVIS ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS
OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY
OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT
ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION
SHALL BE AT YOUR SOLE RISK.
DAVIS & DAVIS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE
OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND
CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Third-Party Sites: Davis & Davis may provide as a convenience
to you, links to Web sites operated by other entities and persons,
but makes no representations whatsoever about any other Web site
which you may access through this one. Any link to a non-Davis
& Davis Web site does not mean that Davis & Davis endorses
or accepts any responsibility for the content, or the use of such
Web site. If you use these sites, you do so at your own risk.
Davis & Davis makes no warranty or representation regarding,
and does not sponsor or endorse, any linked Web sites or the information
or materials appearing thereon or any of products and services
described thereon. Furthermore, links do not imply that Davis
& Davis is affiliated or associated with, or that any linked
site is authorized to use any trademark, trade name, logo, or
copyright of Davis & Davis.
Third Party Content: Any opinions, statements, services, offers
or other information or content expressed or made available in
the Site by any third party are those of the respective author(s)
or distributor(s) and not of Davis & Davis.
Limitation of Liability: Your use and browsing of the Site is
at your risk. If you are dissatisfied with any of the Materials
contained in the Site, or with any of these Terms, your sole and
exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL DAVIS & DAVIS, ITS SUPPLIERS
OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE
INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION)
ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS
OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS
CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED
TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE;
ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION;
DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION
LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT EMERSON WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
DAVIS & DAVIS SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR
ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Davis & Davis' obligations and responsibilities regarding
its products and services are governed solely by Davis & Davis'
terms and conditions of sale or license under which such products
and services are sold or licensed. Copies of such terms and conditions
are available from the applicable Davis & Davis entity.
Changes: Davis & Davis reserves the right, in its sole discretion,
to revise these Terms at any time and correct any errors or omissions
in any portion of the Site and Materials. Materials may also be
changed, modified, added, or removed and updated without notice
at any time; however, Davis & Davis is under no obligation
to update Materials. Davis & Davis may also make changes in
the products, services, programs, or prices (if any) described
in the Site at any time without notice. Your continued use of
the Site after any change Emerson makes to the Site will be considered
acceptance of those changes. You should revisit these Terms from
time to time to review the then-current Terms because they are
binding on you.
Linking to Site: Anyone linking to Davis & Davis' Site must
comply with Davis & Davis' guidelines for linking to Davis
& Davis' Site and all applicable laws.
International Users: The Site is administered by Davis &
Davis from its offices in the United States. Materials published
at the Site may refer to products, programs, or services that
are not available in your country. Consult your local Davis &
Davis business contact in this regard. Furthermore, Davis &
Davis makes no representation that the Materials at the Site are
appropriate or available for use at other locations outside of
the United States and access to them from territories where their
contents are illegal is prohibited. You may not use the Site or
export information and materials in violation of the export laws
of the United States or any other country. If you access the Site
from a location outside of the United States, you are responsible
for compliance with all applicable laws.
Governing Law: These Terms shall be governed by the laws of the
State of Colorado, without giving effect to any principles of
conflicts of law. If any provision of this Agreement and Terms
shall be unlawful, void, or for any reason unenforceable then
that provision shall be severable from these Terms and shall not
affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Davis &
Davis and you with respect to your use of the Site. Any cause
of action you may have with respect to your use of the Site must
be commenced within six (6) months after the claim or cause of
action arises.
Privacy Overview: Davis & Davis is aware of the need to address
Internet privacy issues and we believe you should be aware of
how we intend to treat any information about you that we might
receive on the Internet as a result of your visit to the Site.
Web Site Links: Davis & Davis' Site may contain links to
other Web sites such as Davis & Davis distributors and sales
representatives. While Davis & Davis tries to link only to
sites that share its high standards and respect for privacy, Davis
& Davis cannot take responsibility for the content or the
privacy practices employed by other sites.
Changes: If at anytime Davis & Davis changes its privacy
commitment, Davis & Davis will post those changes here so
that you will know what information Davis & Davis gathers
and how Davis & Davis might use that information.
© 2005, Davis & Davis Co., All Rights Reserved
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