|
Disclaimer
This Web
site ("Site") is owned and operated by SubmitRequest.com, Inc.
("SUBMITREQUEST") By accessing and using this Site, you ("User")
unconditionally agree to be bound by all of the terms,
conditions and notices contained in this Conditions of Use
Agreement ("Agreement"). If User does not agree to all the
terms, conditions, and notices contained in this Agreement,
User should not, and is not permitted to, use this Site. If
the User has at any time entered into an agreement with SUBMITREQUEST
entitled "SubmitRequest.com e-Commerce Services Agreement"
and said agreement has not been terminated, said agreement
will remain in full force and effect and will not be deemed
modified or superseded by any provisions of this Agreement. SUBMITREQUEST
MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY FOR ANY PURPOSE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO INFORMATION, DATA, TEXT, DOCUMENTS, GRAPHICS,
COMPUTER TECHNOLOGY OF ANY KIND AND/OR SOFTWARE ("SITE
CONTENT"). ALL SITE CONTENT IS FURNISHED TO AND ACCEPTED BY
THE USER IN "AS IS" CONDITION. ALL EXPRESS AND/OR IMPLIED
REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION
INTELLECTUAL PROPERTY RIGHTS OF ANY KIND), ARE EXPRESSLY
EXCLUDED. SUBMITREQUEST WILL NOT BE LIABLE TO THE USER EXCEPT TO
THE EXTENT THAT SUCH LIABILITY IS EXPRESSLY STATED IN THIS
AGREEMENT. THE SITE CONTENT MAY INCLUDE INACCURACIES, OUTDATED
INFORMATION, DEFECTS, OMISSIONS AND/OR OTHER ERRORS. SUBMITREQUEST
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SITE CONTENT IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE USER
(AND NOT SUBMITREQUEST) ASSUMES THE ENTIRE RISK AND COST OF ALL
NECESSARY SERVICING, REPAIR, REPLACEMENT AND/OR CORRECTION OF
ANY OF THE USER'S COMPUTER HARDWARE, SOFTWARE AND/OR ANY OTHER
PROPERTY WHATSOEVER, WHETHER OR NOT SUBMITREQUEST IS AT FAULT.
SUBMITREQUEST SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CLAIMS ARISING
OUT OF: (i) THE USER'S PURCHASE, LICENSING OR USE OF ANY
PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY SUBMITREQUEST
MERCHANT(S); (ii) THE BUSINESS AND/OR OTHER ACTIVITIES OF ANY SUBMITREQUEST
MERCHANT(S); (iii) THE USER'S INABILITY, FOR WHATEVER
REASON(S), TO TRANSACT BUSINESS WITH AND/OR ACCESS ANY SUBMITREQUEST
MERCHANT(S); AND (iv) THE NEGLIGENCE,
MISREPRESENTATION AND/OR OTHER CONTRACT, STATUTORY, TORT
AND/OR OTHER LIABILITY OF ANY KIND OF ANY SUBMITREQUEST
MERCHANT(S)
TO THE USER OR OTHERS. SUBMITREQUEST DOES NOT REPRESENT OR WARRANT
THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY SUBMITREQUEST WEB SITES OR THE SERVERS THAT
MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SUBMITREQUEST MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO ANY THIRD PARTY COMPUTER HARDWARE, SERVERS,
SOFTWARE, TRANSMISSION SERVICES AND/OR OTHER THIRD PARTY
PRODUCTS OR SERVICES OF ANY KIND AND THE USER ASSUMES ALL
RISKS IN CONNECTION THEREWITH. SUBMITREQUEST WILL NOT IN ANY EVENT
OR UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOSS OF GOODWILL OR LOST PROFITS ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE USER'S
INABILITY TO USE THIS SITE, OR FOR THE SITE CONTENT, OR
OTHERWISE ARISING OUT OF THE USE OF ANY SUBMITREQUEST WEB SITES,
INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT
LIABILITY, AND ANY OTHER STATUTORY, CONTRACT, TORT AND/OR
OTHER LIABILITY, EVEN IF SUBMITREQUEST HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. IN NO EVENT WILL SUBMITREQUEST BE LIABLE OR
OBLIGATED IN ANY MANNER TO THE USER OR OTHERS FOR ANY AMOUNT
IN EXCESS OF THE SUM OF ONE DOLLAR ($1.00 U.S.), INCLUDING
WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY
AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY. THIS
LIMITATION OF LIABILITY IS CUMULATIVE. IF SUBMITREQUEST PROVIDES
LINKS TO OTHER WEB SITES, THE USER AGREES THAT WITH RESPECT TO
SUCH WEB SITES, SUBMITREQUEST DOES NOT MAKE ANY REPRESENTATION OR
WARRANTY REGARDING THE SAME, NOR WILL SUBMITREQUEST BE RESPONSIBLE
TO THE USER OR ANYONE ELSE FOR ANY PRODUCTS, SERVICES OR OTHER
MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED
ON SUCH WEB SITES OR IN ANY MANNER FOR ANY CONTENT ON SUCH WEB
SITES. THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES,
IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT, IS AN
ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND WILL
BE EFFECTIVE NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY
ESSENTIAL AND/OR OTHER REMEDY HEREIN. BECAUSE SOME STATES/
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT, IN WHOLE OR IN PART,
APPLY TO THE USER. IN SUCH STATES/JURISDICTIONS, SUBMITREQUEST'S
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. All Site Content is Copyright © 1999 SubmitRequest.com,
Inc. All rights reserved. User may not distribute, modify,
copy, reproduce, publish, license, create derivative works of,
transfer, or sell any Site Content, except that User may view
the Site Content and download on any single computer one (1)
copy of the Site Content for personal, noncommercial use. Site
Content may not be used on any other Web site or in any
networked computer environment. SUBMITREQUEST and its logo, service
marks, trademarks, and/or trade dress are owned exclusively by
SubmitRequest.com, Inc. All other trademarks, product names and
company names cited herein are the property of their
respective owners. All rights not expressly granted herein are
reserved. Prior to setting up a hypertext link to this Site,
User is required to contact SUBMITREQUEST's Webmaster at
webmaster@SubmitRequest.com for permission. SUBMITREQUEST's trademark
and/or design or logo may not be utilized in the icon
establishing a link without SUBMITREQUEST's prior written consent.
User may not incorporate in either any fashion (in whole or in
part), through framing or any other method, any Site Content
into any other Web site in any manner whatsoever. This
Agreement is governed by the laws of the State of Texas,
U.S.A without regard to any conflicts of law rules. User
irrevocably consents to the exclusive jurisdiction and venue
of state and federal courts in Smith County, Texas,
U.S.A. in all disputes arising under this Agreement and/or
relating to the use of this Site. The United Nations
Convention on Contracts for the International Sale of Goods
(1980) is excluded from application to this Agreement. Use of
this Site is unauthorized in any jurisdiction that does not
give effect to all terms and conditions of this Agreement. If
User uses this Site outside of the State of California, User
is responsible for compliance with local laws and rules having
the force of law. If any part of this Agreement is found by a
court of competent jurisdiction to be unlawful, invalid or
unenforceable, that part will be amended to achieve as nearly
as possible the same effect as the original provisions and the
remainder of this Agreement will remain in full force. Any law
or rule under which a contract is construed against the
drafting party will not apply to this Agreement. Misuse of
this Site, or any breach of this Agreement, may result in User
being denied access to this Site. SUBMITREQUEST reserves the right
to deny User access to its Site without notice and for any
reason. This Agreement is effective until terminated by either
party. User may terminate this Agreement at any time by
destroying all Site Content and all related documentation and
all copies thereof, whether made under the terms of this
Agreement or otherwise. This Agreement will terminate
immediately without notice from SUBMITREQUEST if in SUBMITREQUEST's sole
discretion User fails to comply with any terms or conditions
in this Agreement. Upon termination, User must destroy all
Site Content and all copies thereof, whether made under the
terms of this Agreement or otherwise. If the User sends
improvements, revisions, updates, enhancements, ideas,
suggestions, drawings, concepts, and/or other information
(collectively referred to as "Information"), all Information
(and related copyrights and other intellectual property
rights) will at all times be the sole and exclusive property
of SUBMITREQUEST and the User will have no rights to any fixed or
contingent royalty, payment, or other consideration of any
kind. None of the Information will be subject to any
obligation of confidentiality by SUBMITREQUEST, and SUBMITREQUEST
will
not be liable for any use, copying, distribution, commercial
exploitation and/or disclosure of any and all Information. SUBMITREQUEST
reserves the right to change this Agreement at any
time by revising the terms and conditions herein. User is
responsible for regularly reviewing these terms and
conditions. Continued use of this Site following any such
changes will constitute User's acceptance of such changes. If
any provision in this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable,
the remaining provisions will nevertheless continue in full
force without being impaired or invalidated in any way. This
Agreement is the entire agreement between the User and SUBMITREQUEST
for the subject hereof and supersedes all oral or
written proposals and discussions relating to this Agreement
and all prior courses of dealing or industry customs. The User
has not entered into this Agreement by reason of or in
reliance on any representations of fact or opinion not
expressly stated herein. Any section headings or titles of
this Agreement are inserted for convenience only and will have
no other meaning. No action by the User arising under this
Agreement may be brought at any time more than twelve (12)
months after the facts occurred upon which the cause of action
arose. The User may not assign any rights, or delegate any
duties, under this Agreement without the prior written consent
of SUBMITREQUEST as indicated by the handwritten signature of an
officer of SUBMITREQUEST.
| |
| |