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WEB SITE TERMS AND CONDITIONS OF USE
This Web Site (the “Site”) is an online information service provided Retro Marketing (“Company”), and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by Company through the Site. The right to use products or services by Company is personal to you and is not transferable to any other person or company.
Company reserves the right to change terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright
The Company authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by Company in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The company prohibits conduct that might constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of Company is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material (“Material”), are protected by US and foreign copyright and trademark law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company’s Liability
The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LAWYERS, AND THE INFORMATION OFFERED ON THE SITE IS OFFERED FOR INFORMATIONAL USE ONLY AND SHOULD NOT BE CONSTRUED AS CONSTITUTING LEGAL ADVICE, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR LEGAL ADVICE.
Section 4. Links to Other Sites.
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 5. Software Licenses.
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such Software (“License Agreement”). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 6. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 7. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 8. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials (including Software).
Section 9. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and marketing purposes. This information is for internal use only; it will not be made available to any other parties for marketing purposes.
Section 10. General
The Site is based in Tooele, Utah. The Company makes no claims that the Materials are appropriate or may be downloadable outside of the United States. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by internal substantive laws of the State of Utah, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Material on particular pages of the Site, this agreement constitutes the entire agreement between you and the Company with respect to the use of the Site. Any changes to this agreement must be made in writing, signed by an authorized representative of the Company.