Please read and abide
by the terms and conditions as set forth in this agreement. Your
use of this website constitutes your agreement to these terms and
conditions.
Conch Republic National Parks Web
Site Agreement
The Conch Republic National Parks
Web Site (the "Site") is an online service provided by Conch
Republic Squires, LLC 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. Conch Republic Squires,
LLC 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 Kokopelli, LLC, 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 Conch Republic Squires, LLC 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 Conch Republic
Squires, LLC by all means and in any media now known or hereafter
developed. You also grant to Conch Republic Squires, LLCthe
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 Conch Republic
Squires, LLC for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Conch Republic Squires, LLC.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Conch
Republic Squires, LLC. Other images, products 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 Conch Republic Squires, LLC
does not operate, control or endorse any information, products or
services on the Internet in any way. Except for KConch Republic
Squires, LLC - 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 XSiteProToolkit.com a. You also understand that
Conch Republic Squires, LLC 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. Conch Republic
Squires, LLC 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 Kokopelli,
LLC 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. Kokopelli, LLC 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. Conch Republic Squires, LLC HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Conch Republic Squires, LLC 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 Conch
Republic Squires, LLC 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, Conch
Republic Squires, LLC LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Conch Republic Squires, LLC 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-Conch Republic
Squires, LLC web site, please understand that it is independent
from Conch Republic Squires, LLC, and that Conch Republic Squires,
LLC has no control over the content on that web site. In addition,
a link to a Conch Republic Squires, LLC web site does not mean that
Conch Republic Squires, LLC 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 Conch Republic
Squires, LLC, 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 Conch Republic Squires,
LLC 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 Conch Republic Squires, LLC 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.
Conch Republic Squires, LLC'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. Conch Republic Squires, LLC
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.
Guarantees & Refunds
We strive to represent the products
offered so as to provide adequate information for you to determine
the merchantability for your purpose. Due to the nature of this
product, there are no refunds offered. If you feel that the product
offered on this site may not be suitable for your purpose, we
suggest that you submit an information request to our support
department to help you determine whether or not this product will
fill your need.
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