| Terms Of Service | |
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This site (the "Site") is owned and operated by BayWares.com. Please feel free to browse and use the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. If you do not agree to these terms and conditions please do not use or view this site. Please check this Agreement periodically for changes as the owner of this site reserves the right to revise this Agreement and your continued use and viewing of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. We reserve the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well. LICENSE TO USE & VIEW THIS SITE Upon your agreement to this Agreement, we hereby grant you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of our business and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by us, its advertisers and licensors. LICENSE RESTRICTIONS Use Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. SECURITY You agree that if you are issued an exclusive Web Address or Username and Password by us, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying us immediately if you discover loss or access to such information by another party not under your control and supervision. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors. International Users Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. TRADEMARKS The Company's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties. THIRD PARTY SITES You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of us, are not monitored or reviewed by us, and are not aware of the contents of such sites. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the us, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that our business and its licensors have no liability whatsoever from such third party sites and your usage of them. DISCLAIMER OF WARRANTIES Our Business, its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. All information and use of this site are provided "as is" without warranty of any kind other than specified in this agreement. The company, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all expressed, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Our business, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. This site is serivced by BayWares.com on an "as is" basis. BayWares.com makes no warranty that the software product will meet your requirements or operate under your specific conditions of use. BayWares.com makes no warranty that operation of the software product will be secure, error free, or free from interruption. You must determine whether the online service and the software product sufficiently meet your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the online service and software product to meet your requirements. BayWares.com will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall BayWares.com, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages or any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the software product, whether due to a breach of contract, breach of warranty, or the negligence of BayWares.com or any other party, even if BayWares.com is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits BayWares.com's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted. LIMITATION OF LIABILITY Under no circumstances shall our business, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site and all Baywares software applications, including web-based and desktop applications. Our company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. INDEMNIFICATION You agree to defend, indemnify, and hold harmless our business, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Our business reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses. LEGAL COMPLIANCE We may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, our business may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and we shall not be liable for damages or results thereof and User agrees not to bring any action or claim against us for such disclosure. FEES AND PAYMENT Baywares.com reserves the right to change service fees for certain things, and or any transaction using our services. We reserve the right to change any and all fees without notice. | |