GENERAL TERMS OF USE
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
Mallory & Evans Service provides this Web site and other related or
linked Mallory & Evans Service sites (Site) and certain services, interfaces and
functionality on or via this Site (the Services) to you subject to
your agreement to comply with the following terms of use (the General
Terms). Your use of this Site or the Services will constitute your
acceptance of the General Terms. Once accepted, the General Terms
will constitute a binding agreement between Mallory & Evans Service and you governing
your use of the Site or Services (the Agreement). If you are not
willing to abide by the General Terms, do not use this Site or the
Services.
1) Changes and Special Additional Terms and Conditions
Mallory & Evans Service may revise the General Terms at any time without notice.
You should revisit this Site periodically to make sure you are aware
of the most recent General Terms because they will be binding on
you. Your use of the Site or Services after such changes constitutes
your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations
may have special additional terms and conditions that apply to use
of or interaction with that location. These terms and conditions
may also be changed at any time without notice. Your use of that
location constitutes your acceptance of those special additional
terms and conditions.
2) Use of the Site
A. Site Security. You are prohibited from violating, or attempting
to violate, the security of the Site or Services. Any such violations
may result in criminal and civil liabilities to you. We will investigate
any alleged violations, and, if a criminal violation is suspected,
we will cooperate with law enforcement agencies in their investigations.
Violations of the security of the Site and Services include, without
limitation, the following:
Logging into or attempting to log into a server or account that you
are not authorized to access;
Accessing data or taking any action to obtain services not intended
for you or your use;
Attempting to probe, scan, or test the vulnerability of any system,
subsystem or network;
Tampering, hacking, modifying or otherwise corrupting or breaching
security or authentication measures without proper authorization;
Transmitting material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines or
engines with the intent or effect of damaging, destroying, disrupting
or otherwise impairing a computer's functionality or the operation
of the Site or Services;
Interfering with, intercepting or expropriating any system, data
or information; or
Interfering with service to any user, host, or network including,
without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any
computer system.
B. "Spam" and Similar Actions. You are prohibited
from transmitting the same or similar unsolicited e-mail messages,
bulk
commercial advertising, or chain letters to one or more e-mail groups
(which are two or more e-mail addresses aggregated as a single e-mail
addressee).
C. Infringement. You are prohibited from using the Site or Services
to infringe on any person's copyright, trademark, patent or other
intellectual property rights. We may terminate your right to access
the Site and Services if we believe you are using the Site and Services
in a manner that infringes the copyright, trademark, patent or other
intellectual property rights of another. You may be ordered by a
court to pay money damages to us and to the rightful owner of any
intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or Services, you must
not:
Post, e-mail, or otherwise transmit or use the Site or Services in
furtherance of any unlawful, harmful, harassing, defamatory, threatening,
vulgar, sexually explicit, hateful or otherwise objectionable material
of any kind, any material that exploits children or is invasive of
another person's privacy or other rights, or any material that Mallory & Evans Service
in its sole discretion does not wish posted or transmitted on the
Site and Services;
Continue to send e-mail to a recipient who has indicated that he/she
does not wish to receive a communication from you;
Engage in and/or encourage conduct that would: 1) violate any applicable
law or regulation or 2) give rise to civil liability;
Engage in conduct which could damage or impair the intended operability
of the Site or the Services.
Impersonate any individual or entity, falsely state or otherwise
misrepresent your identity or affiliation in any way, or forge, delete
or alter any part of TCP/IP packet header information in any e-mail
or other posting;
Engage in deceptive online International; or
Assist or permit any persons in engaging in any of the activities
described above. E. Your Content. You must exercise caution, good sense and proper
judgment in using the Site and Services. You are responsible for
any material you place on or transmit to or through the Site or Services.
You agree, represent and warrant that any information you post to
or transmit through the Site or Services is truthful, accurate, not
misleading and offered in good faith, and that you have the right
to post or transmit such information. Such information (including
without limitation, data, text, software, music, sound, photographs,
graphics, video, messages or any other materials whatsoever), whether
publicly posted or privately transmitted, is your sole responsibility.
F. You agree that use of any information obtained via the Site or
Services is at your own risk.
G. Consequences of Unacceptable Use. We reserve the right (but not
the obligation) in our sole discretion to refuse or delete any of
your content as well as suspend or terminate without notice your
access to the Site and Services upon a violation or attempted violation
of this Agreement. Indirect or attempted violations of this Agreement,
and actual or attempted violations by a third party acting on your
behalf, shall be deemed violations by you of this Agreement. Furthermore,
it is a violation of this Agreement to use the services of another
company for the purpose of facilitating any of the activities which
violate this Agreement if such use of another company's service could
reasonably be expected to adversely affect the Site and Services
any manner.
H. No Licensing. By your use of the Site or the Services you receive
no license, express or implied, under any patent rights or trade
secret rights now or hereafter, owned, controlled or possessed by
Mallory & Evans Service. Linking. You may not link to this site without
prior written permission from Mallory & Evans Service. You may download and print
one copy of content on this
Site for your personal non-commercial use, or in connection with
your purchase of any Mallory & Evans Service products, provided that you leave
any copyright or trademark information intact and unchanged. Other
than
as specifically set out in this paragraph you may not copy (whether
by printing off onto paper, storing on disk, placing on another site,
downloading in any other way), distribute (including distributing
copies), broadcast, alter or tamper with in any way any portion of
this Site.
3) Trademark and Copyright
Mallory & Evans Service and certain other brands, trademarks and services
marks are marks of Mallory & Evans Service and its affiliates. Not all marks of Mallory & Evans Service
will appear on this Site and not all products or services listed
on this Site are available for sale in every country. Some products
or services may be marketed under local trademarks in specific countries.
Marks of third parties may appear on this Site when referring to
those entities or their products or services.
The user may forward, distribute, and/or photocopy copyrighted materials
of Mallory & Evans Service located on this Site only if the entire relevant page
or document is unaltered and complete, including all of their headers,
footers, disclaimers, and other information. You may not copy these
documents to a Web site.
4) Privacy Statement
Mallory & Evans Service appreciates your interest in this Web site
and other related or linked Mallory & Evans Service sites (Site). Your privacy is
important and we want you to understand our practices with respect
to gathering information from visitors to the Site and with respect
to the uses we make of that information. Please check each portion
or page of the Site that you visit. Certain portions or pages of
the Site may contain changes to the Privacy Statement applicable
to your use of that portion or page, for example, certain applications
may request additional information from you.
Information and Uses
When someone visits the Site, our web servers automatically gather
information that allows the site to communicate with the visitor's
computer during the visit. We also track such information as the
number of visits to the site, which parts of the site visitors select,
IP address (the Internet address assigned to your computer from your
Internet Service Provider), domain type, browser type (e.g., Netscape
or Internet Explorer), date and time of day. We use those types of
information for statistical purposes that help us design and administer
the Site. Those types of information do not disclose Personal Information
that would permit us to identify or locate individual visitors.
Privacy concerns focus on Personal Information, that is, information
that could identify a specific individual such as names, addresses,
e-mail addresses, and telephone numbers. If during your visit you
personalize the Site, complete an order form, enter a contest, or
submit other information to us, you may provide us with Personal
Information. We may collect and use that Personal Information to
provide you with products or services, to bill you for products and
services you request, to market products and services which we think
may be of interest to you, or to communicate with you for other purposes.
As explained below in the section on Dissemination of Information
to Third Parties, we do not distribute or sell Personal Information
to third parties for the purpose of allowing them to market their
products and services to you; moreover, as explained in the Opt Out/Modify
Information section, we will undertake to remove your Personal Information
from our database within a reasonable time in such a way that you
will not receive future communications from us. If you notify us
that Personal Information previously submitted to our site is no
longer accurate, we will make appropriate corrections.
Information Placed on Your Computer
We may store some information (commonly known as a "cookie")
on your computer when you look at or use the Site. This information
facilitates customizing your use of the Site and ensures that you
do not need to re-enter your details every time you visit it. You
can erase or block this information from your computer if you want
to. (Your 'help' screen or user manual should tell you how to do
this.)
Information From Children
The Site contains information that may be of special interest to
children, but Mallory & Evans Service does not seek through the Site to gather Personal
Information from or about persons under the age of 17.
Hyperlinks
This site has links to sites that Mallory & Evans Service does not own, control or
maintain. We cannot be responsible for their privacy policies and
practices and we make no representations or warranties about the
privacy practices of those sites. Similarly, we cannot be responsible
for the policies and practices of any site from which you linked
to our Web site. We recommend that you check the privacy policy of
other sites and contact the operator if you have concerns or questions.
Dissemination of Information to Third Parties
Communicating via the Internet and sending information, products,
and services to you by other means necessarily involves your Personal
Information passing through or being handled by third-parties, but
Mallory & Evans Service does not sell or distribute your Personal Information to
third parties for purposes of allowing them to market their products
and services to you.
We employ other companies and individuals to perform functions on
our behalf. Examples include fulfilling orders, deliveries, sending
postal mail and e-mail, removing repetitive information from customer
lists, analyzing data, providing International assistance, processing
credit card payments and providing customer service. They have access
to Personal Information needed to perform their functions, but may
not use it for other purposes.
Personal data collected by Mallory & Evans Service may be transferred among its various
divisions and affiliated companies, around the world which may involve
transfer from countries within the European Economic Area to countries
outside the E.E.A. By submitting data on the Site, the visitor is
providing explicit consent to these transfers, including transborder
transmission of data covered by this Privacy Statement.
Sensitive Information
Mallory & Evans Service does not seek any sensitive information from visitors to
our Site, unless legally required to do so, for example, in connection
with recruiting or hiring. Sensitive information includes a number
of types of data relating to: race or ethnic origin, political opinions,
religious or other similar beliefs, trade union membership, physical
or mental health, sexual life or criminal record. We suggest that
you do not provide sensitive information of this nature. However,
if you do provide such information, Mallory & Evans Service accepts your explicit
consent to use that data in the ways described in this Privacy Statement
or in the ways described at the point where such information is disclosed. Conditions of Use, Notices and Revisions
If you choose to visit our Site, your visit and any dispute over
privacy is subject to this Privacy Statement and our General Terms
of Use, including any limitations on damages, arbitration of disputes
and application of law provisions. We reserve the right to change
this statement at any time without notice.
Contacting Mallory & Evans Service Customer Relations
If you have any questions about this Privacy Statement, the practices
of this site, or your dealings with this site, please contact:
Mallory & Evans Service
Attn: Customer Relations
(Update)
5) No Warranty
This Site and Services are provided "As Is" and without
warranties of any kind, whether express or implied, to the fullest
extent permissible pursuant to applicable law, Mallory & Evans Service disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Mallory & Evans Service does not represent or warrant
that the functions or Services contained in the Site will be uninterrupted
or error-free, that defects will be corrected, or that this Site
or the server that makes the Site available are free of viruses or
other harmful components. Mallory & Evans Service does not make any warranties
or representations regarding the use of contents of this Site or
Services
in terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some jurisdictions do not allow exclusion
of implied warranties, so the above limitations and exclusions may
not apply to you.
6) Limitation of Liability
Mallory & Evans Service shall not be liable to you or any other party for any compensatory,
punitive, special or consequential damages that result from the use
of, or the inability to use, the Site, the Services or the contents
on this Site or the performance of the Site, Services or products
described on this Site, even if Mallory & Evans Service has been advised of the possibility
of such damages. Applicable law may not allow the limitation or exclusion
of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services
or with any of these terms, your sole and exclusive remedy is to
discontinue using the Site and the Services.
7) Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that
you consider to be confidential or proprietary. Any material which
you transmit to or through this Site will be considered non-confidential
and non-proprietary. Except as expressly provided in Mallory & Evans Service's Privacy
Statement or separate written agreement between you and Mallory & Evans Service,
you give Mallory & Evans Service an unrestricted, irrevocable, worldwide, royalty-free
license to use, reproduce, display, publicly perform, transmit and
distribute such information. You further agree that Mallory & Evans Service has the
right to use, without any payment or accounting to you or others,
any concepts, know-how or ideas which you (and those who act on your
behalf) transmit to or through the Site.
8) Use of Third Party Web sites
As a convenience, Mallory & Evans Service may provide links to Web sites operated
by third parties. If you decide to access a third party's Web site
through a link provided by this Site, you do this at your sole risk.
Mallory & Evans Service is not responsible for any viruses or other damaging elements
encountered in linking to a third party Web site. Mallory & Evans Service makes no
warranty or representation regarding and if not responsible for the
linked Web sites or the content of such Web sites.
9) User Communications Areas
The Site may contain areas where users communicate with each other,
including but not limited to bulletin boards, calendars, chat areas,
or personal web pages.
Mallory & Evans Service has the right but not the obligation to monitor or review
any part of the Site or the Services including the user communication
areas. However, Mallory & Evans Service shall have no liability related to the content
of any communications made in these areas.
10) Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other
forward-looking statements regarding future events or the future
financial performance of the Company. We wish to caution you that
these statements are only predictions and that actual events or results
may differ materially. These documents contain and identify important
factors that could cause the actual results to differ materially
from those contained in our projections or forward-looking statements,
including, among others, potential fluctuations in quarterly results,
dependence on new product development; rapid technological and market
change, acquisition strategy, manufacturing risks, risks associated
with Internet infrastructure, volatility of stock price, financial
risk management, and future growth subject to risks.
11) Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated
by Mallory & Evans Service from various offices in the United States. Mallory & Evans Service makes
no representation that the Site, Services or materials accessed or
described on the Site are appropriate or available for use in other
locations, and access to them from other countries where there contents
are illegal or penalized is prohibited. Access to or use of the Site,
Services or materials accessed on or described on the Site by persons
or from countries who are sanctioned by the United States is specifically
prohibited.
Those who access the Sites or Services so do on their own and are
responsible for compliance with all applicable US and local laws.
You may not export or re-export any Services, information or materials
accessed on or described on this Site except in full compliance with
all United States laws and regulations. In particular, you may not
export or re-export into (or to a national or resident of) any country
to which the United States embargoes or sanctions goods, services
or technology, to any person or entity on the U.S. Treasury Department's
List of Specially Designated Nationals, the U.S. Bureau of Export
Administration Entity List, the U.S. Bureau of Export Administration
Denied Persons List or the U.S. Commerce Department's Table of Denial
Orders. In addition, you are responsible for complying with any local
laws in your country which may impact your right to import, export
or use the Site, Services, information, or materials accessed or
described on the Site.
12) Indemnity of Company
You agree to indemnify, hold harmless, and defend Mallory & Evans Service
(including subsidiaries and affiliates of Mallory & Evans Service,
hereinafter "Mallory & Evans Service") as well as Mallory & Evans Service
officers, directors and employees, from and against any claim, demand,
cause of action, debt, loss or liability, including reasonable attorneys'
fees, to the extent that such action is based upon, arises out of,
or relates to your violation, or violation by any other person using
your password or account of the terms and conditions of this Agreement.
13) Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws
of the State of Georgia, USA (without giving effect to its principles
of conflict of laws). Where federal jurisdiction exists over any
action, suit or proceeding arising out of or in any way connected
with this Agreement, you and Mallory & Evans Service designate the UNITED STATES
DISTRICT COURT NORTHERN DISTRICT OF GEORGIA , for the exclusive resolution
of that dispute and submit to the jurisdiction of that court. Where
federal jurisdiction does not exist over that action, suit or proceeding,
you and Mallory & Evans Service designate the Circuit Court for the County of Fulton,
Georgia, for the exclusive resolution of that dispute and submit
to the jurisdiction of that court.
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