TERMS OF USE
IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY
BEFORE USING
WWW.AQUALOGICINC.COM (THE "WEB SITE"), AS IT AFFECTS AND
GOVERNS YOUR USE OF THIS WEB SITE AND YOUR LEGAL RIGHTS AND
OBLIGATIONS. You agree to these Terms by accessing this Web Site.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE
THIS WEB SITE. This Web Site is for informational and marketing
purposes only. You agree to comply with all rules, laws and
regulations that are applicable to your use of the Web Site,
including, without limitation, those governing your transmission
or use of any software or data.
OWNERSHIP OF CONTENTS/LICENSE
The Web Site is owned and operated by Aqua Logic, Inc. ("Company"
or "We"). The Web Site and all of its current and future content,
such as articles, opinions, other text, directories, guides,
photographs, illustrations, images, video and audio clips and
advertising copy, as well as the trademarks, logos, domain names,
trade names, service marks, trade identities and any and all
copyrightable material (including source and object code) and any
other form of intellectual property (collectively, the "Content")
is owned by or licensed to Company or other authorized third
parties and is protected as intellectual property or otherwise.
Except as expressly set forth in these Terms, no rights (either by
implication, estoppel or otherwise) are granted to you. You may
only use the Content as expressly set forth in these Terms.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING,
DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE
CONTENT IS STRICTLY PROHIBITED.
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend any
portion of the Web Site at any time, without notice. We reserve
the right, in our sole discretion, to modify, alter, or otherwise
change these Terms and will post any new or revised terms on the
Web Site.
USER ACCOUNTS
Certain areas of the Web Site may ask you to create a user account
or may otherwise ask you to provide information to participate in
certain features or to access certain content. The Web Site's
practices governing your personal information are disclosed in its
Privacy Policy. If you choose to provide information to the Web
Site, you agree to provide only true, accurate, current and
complete information. If you create a user account, you agree to
accept responsibility for all activities that occur under your
account or password, if any, and agree you will not sell, transfer
or assign your user account. You are responsible for maintaining
the confidentiality of your password, if any, and for restricting
access to your computer so that others may not access any password
protected portion of the Web Site using your name, user name or
password in whole or in part.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL CONTENT
CONTAINED ON IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE," "WITH ALL
FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY
THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION. Company and the Affiliates
(defined below) make no representation or warranty whatsoever
regarding the completeness, accuracy, timeliness, availability, or
adequacy of any information, facts, views, opinions, statements or
recommendations contained on the Web Site or in the Content. This
Web Site may be unavailable due to maintenance or malfunction of
equipment. As used in the Terms, “Affiliates” means Company’s
parent company(ies), if any, and its and their related companies,
subsidiaries, licensors, divisions, affiliates, directors,
officers, partners, agents and assigns.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN
CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE
TO ANY USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM
ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND THE
AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC
OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB
SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR
IN CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY
ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW
ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; OR (3)
ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION,
EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL COMPANY OR THE
AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO
CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR
ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT
GREATER THAN FIFTY DOLLARS ($50).
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING
RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE
THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY
SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNIFICATION
By using this Web Site, you agree to indemnify, defend and hold
harmless Company and the Affiliates from and against any actual or
alleged claims, demands, causes of action, judgments, damages,
losses, liabilities, and all costs and expenses of defense
(including, without limitation, reasonable attorneys' fees and
other legal fees) arising out of or relating to: (1) your
violation of these Terms or any law, rule or regulation; (2) a
claim that is based on your use of the Content; or (3) any content
uploaded by you or through your computer to the Web Site or
otherwise sent by you to Company. You will cooperate as fully and
reasonably as required by Company or the Affiliates in the defense
of any claim. Company reserves the right to assume the exclusive
defense and control of any matter subject to indemnification by
you, and you will not in any event settle any claim without the
prior written consent of Company.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party web sites, and
certain areas of the Web Site may allow you to conduct
transactions or purchase goods or services from or through a
third-party. Third parties and third party web sites may have
different privacy policies, terms and conditions and business
practices than we do. Your dealings or communications with any
party other than Company are solely between you and that third
party. We do not endorse, verify, make any representations, or
take responsibility for the content, truthfulness, accuracy,
quality or completeness of the content or activities conducted by
any third party or on any third party web sites. Any complaints,
concerns or questions you may have relating to materials provided
by third parties should be forwarded directly to the third party.
YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,
FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH
ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM
RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE
CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the Web Site to any product, process, publication or
service of any third party by trade name, domain name, trademark,
trade identity, service mark, logo, manufacturer or otherwise does
not constitute or imply its endorsement or recommendation by
Company or the Affiliates. Users are requested to inform Company
of any errors or inappropriate material found on web sites to
which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page,
and the link must be in plain text, unless otherwise pre-approved
in writing by Company. The link to this Web Site must not damage,
dilute or tarnish the goodwill associated with any Company names
or any other Company intellectual property, nor may the link
create the false appearance that your web site or organization is
sponsored, endorsed by, affiliated or associated with Company. You
may not "frame" this Web Site or alter its intellectual property
or Content in any way. You may not link to the Web Site from a
site that is unlawful, abusive, indecent or obscene, that promotes
violence or illegal acts, that contains expressions of racism,
that is libelous, defamatory, scandalous, or inflammatory or is
otherwise inappropriate (in Company's sole discretion). Company
reserves the right, in its sole discretion, to terminate a link
with any web site that it deems inappropriate or inconsistent with
this Web Site or these Terms.
LOCATION
Company operates this Web Site in the United States. Information
contained on this Web Site may not be appropriate or available for
use in other locations, and access to this Web Site where the
content of the Web Site may be illegal is prohibited. If you
access this Web Site from other locations, you do so on your own
initiative and you are solely responsible for compliance with
applicable laws. These Terms will be construed and enforced in
accordance with the laws of the State of California, without
regard to its conflicts of law principles. Any cause of action
filed by you with respect to the Terms or your use of this Web
Site must be filed in the County of San Diego, City of San Diego,
State of California within ninety (90) days after the occurrence
of the facts giving rise to the cause of action, otherwise the
cause will be forever barred. You hereby consent and submit to the
exclusive jurisdiction and venue of the courts located in the
County of San Diego, City of San Diego, State of California for
any cause of action arising under these Terms or related to the
Web Site.
TERMINATION
You understand and agree that Company will determine your
compliance with these Terms in its sole discretion. Company
reserves the right to deny access to all or part of the Web Site
to any person in its sole discretion. Any violation of these Terms
may be referred to law enforcement authorities. Upon termination
of your user account or access to the Web Site, or upon demand by
Company, you must destroy all materials obtained from this Web
Site and all related documentation.
ADDITIONAL TERMS
If any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions
of these Terms, which will remain in full force and effect. No
waiver of any of these Terms will be of any force or effect unless
made in writing and signed by a duly authorized officer of
Company. The section titles in these Terms are for your
convenience only and do not have any legal or contractual effect.
CONTACT US
If you have any questions, comments or concerns about our Web Site
or these Terms of Use, you may contact us at
info@aqualogicinc.com.
The EFFECTIVE DATE of these Terms is April 1, 2006 |
