Terms of
Service-Web Site Agreement
The DocsWareHouseSales Web
Site (the "Site") is an online information
service provided by Mountain-websites.com
("DocsWareHouseSales "), subject to your
compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. DocsWareHouseSales MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of
the copyrights and trademarks are DocsWareHouseSales, its
affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different
areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You
agree to grant to DocsWareHouseSales a non-exclusive,
royalty-free, worldwide, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform
any materials and other information (including, without
limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to DocsWareHouseSales by all means and in any
media now known or hereafter developed. You also grant to
DocsWareHouseSales the right to use your name in connection
with the submitted materials and other information as well
as in connection with all advertising, marketing and
promotional material related thereto. You agree that you
shall have no recourse against DocsWareHouseSales for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to
DocsWareHouseSales.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of DocsWareHouseSales. Other product and
company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by
DocsWareHouseSales, DocsWareHouseSalesdoes not operate,
control or endorse any information, products or services on
the Internet in any way. Except for DocsWareHouseSales-
identified information, products or services, all
information, products and services offered through the Site
or on the Internet generally are offered by third parties,
that are not affiliated with DocsWareHouseSales a. You also
understand that DocsWareHouseSales cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. DocsWareHouseSales PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND DocsWareHouseSales SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. DocsWareHouseSales DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR RISK. DocsWareHouseSales HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL DocsWareHouseSales BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF DocsWareHouseSales
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, DocsWareHouseSales LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
DocsWareHouseSales makes no representations whatsoever
about any other web site which you may access through this
one or which may link to this Site. When you access a
non-DocsWareHouseSales web site, please understand that it
is independent from DocsWareHouseSales, and that
DocsWareHouseSales has no control over the content on that
web site. In addition, a link to a DocsWareHouseSales web
site does not mean that DocsWareHouseSales endorses or
accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
DocsWareHouseSales, its officers, directors, employees,
agents, licensors, suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of DocsWareHouseSales
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2
(Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America
applicable to agreements made and to be performed in The
United States of America. You agree that any legal action
or proceeding between DocsWareHouseSales and you for any
purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in
The United States of America . Any cause of action or claim
you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
DocsWareHouseSales's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. DocsWareHouseSales may assign its rights and
duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
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