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ACCEPTANCE OF TERMS
Execu/Tech Systems, Inc. ("Execu/Tech") makes available
for your use on this Web site (the "Site") information,
documents, software and products (the "Materials") and
various services (the "Services"), subject to the terms
and conditions set forth in this document (the "Terms of Use").
Any use of this Web site constitutes your agreement to abide by
these Terms of Use and any other terms and conditions specified
on the applicable Web page. Execu/Tech reserves the right to change
the Terms of Use from time to time at its sole discretion. Your
use of the Site will be subject to the most current version of the
Terms of Use posted on the Site at the time of such use. In addition,
when using particular Services or Materials on this Site, you shall
be subject to any posted guidelines or rules applicable to such
Services or Materials that may contain terms and conditions in addition
to those in the Terms of Use. All such guidelines or rules are hereby
incorporated by reference into the Terms of Use. If you breach any
of the Terms of Use, your authorization to use this Site automatically
terminates and you must immediately destroy any Materials downloaded
or printed from the Site.
COPYRIGHT NOTICE
The information on this Web site is protected by copyright.
TRADEMARKS
Execu/Tech and names of Execu/Tech products referenced in this Web
site are trademarks or registered trademarks of Execu/Tech, Inc.
All other product and company names mentioned herein are or may
be the trademarks of their respective owners.
LIMITED LICENSE
The Materials and Services on this Site are protected by copyright
and/or other intellectual property laws and any unauthorized use
of the Materials or Services at this Site may violate such laws.
Except as expressly provided herein, Execu/Tech and its suppliers
do not grant any express or implied right to you under any patents,
copyrights, trademarks, or trade secret information with respect
to the Materials and Services.
Except as specifically permitted herein,
no portion of the information or documents on this Site may be reproduced
in any form or by any means without the prior written permission
of Execu/Tech.
Use of Software:
The software and accompanying documentation that are made available
to download from this Site are the copyrighted work of Execu/Tech
and/or its suppliers. Use of the software is governed by the terms
of the end user license agreement that accompanies or is included
with such software. You will not be able to download or install
any software that is accompanied by or includes an end user license
agreement unless you agree to the terms of such end user license
agreement. If you do not agree to such terms, you will not be able
to use the software.
Use of Site Information:
Except as otherwise indicated elsewhere on this Site, you may
view, download and print the documents and information available
on this Site subject to the following conditions:
(1) the above copyright notice and
this permission notice must appear, (2) use of such documents is
for informational and non-commercial or personal use only and the
documents will not be copied or posted on any network computer or
broadcast in any media, (3) no modifications of any documents are
made, and (4) Execu/Tech reserves the right to revoke such authorization
at any time, and any such use will be discontinued immediately upon
written notice by Execu/Tech. Use for any other purpose is prohibited
by law.
Documents specified above do not include
the design or layout of this Web site. Elements of Execu/Tech's
Web site are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in
part.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND EXECU/TECH, ALL MATERIALS AND SERVICES ON THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
EXECU/TECH MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL
BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES
ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. EXECU/TECH
MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY
TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY
BE OUT OF DATE, AND EXECU/TECH MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
EXECU/TECH ASSUMES NO RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE,
MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS
SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS,
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
IN NO EVENT SHALL EXECU/TECH OR ITS
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT EXECU/TECH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXECU/TECH
OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
You may through hypertext or other
computer "links" gain access to other sites on the Internet
which are not part of this Web site. The linked sites are not under
the control of Execu/Tech and Execu/Tech is not responsible for
the contents of any linked site or any link contained in a linked
site, or any changes or updates to such sites. The provision by
Execu/Tech of a link to another site does not constitute an authorization
by Execu/Tech to access materials at that site or an endorsement
by Execu/Tech of any such materials.
This Site can be accessed from other
countries around the world and may contain references to Execu/Tech
products, services, and programs that have not been announced in
your country. These references do not imply that Execu/Tech intends
to announce such products, services or programs in your country.
CONFIDENTIAL INFORMATION; PRIVACY
Please note that, with the exception of credit card numbers
and personal information requested on our download pages, Execu/Tech
does not want to receive confidential or proprietary information
from you through our Site. Any non-personal information or material
sent to Execu/Tech will be deemed NOT to be confidential. By sending
Execu/Tech any non-personal information or material, you grant Execu/Tech
an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials or information,
and you also agree that Execu/Tech is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose. However,
we will not release your name or otherwise publicize the fact that
you submitted materials or other information to us unless: (a) you
grant us permission to do so; (b) we first notify you that the materials
or other information you submit to a particular part of the Site
will be published or otherwise used with your name on it; or (c)
we are required to do so by law.
EXPORT CONTROL LAWS
The export and re-export of Execu/Tech software products are
controlled by the United States Export Administration Regulations
and such software may not be exported or re-exported to Cuba, Iran,
Iraq, Libya, North Korea, Sudan, or Syria or any country to which
the United States embargoes goods. In addition, Execu/Tech software
may not be distributed to persons on the Table of Denial Orders,
the Entity List, or the List of Specially Designated Nationals.
By downloading an Execu/Tech software
product you are certifying that you are not a national of Cuba,
Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to
which the United States embargoes goods and that you are not a person
on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals.
INDEMNITY
You agree to indemnify and hold Execu/Tech, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
content you submit, post to or transmit through the Site, your use
of the Site, your connection to the Site, your violation of the
Terms of Use, or your violation of any rights of another person
or entity.
GOVERNING LAW AND JURISDICTION
These Terms of Use will be governed by and construed in accordance
with the laws of the State of Florida, United States of America,
without regard to conflict of law principles. All suits, proceedings
or claims in connection with these Terms of Use shall be brought
in the state or federal courts of the State of Florida in the county
of Bay and you hereby consent to the jurisdiction and venue of those
courts. If any provision of this Terms of use is held by a court
of competent jurisdiction to be invalid, unreasonable or unenforceable,
such provision or requirement will be enforced only to the extent
that it is not invalid, unreasonable or otherwise unenforceable
and all other provisions of this Terms of Use shall remain in full
force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved by Execu/Tech
Systems, Inc.
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