TERMS OF USE:
PLEASE READ THESE
TERMS CAREFULLY BEFORE USING THIS SITE
This Web site is provided by AQUANTA, LLC and
may be used for informational purposes only.
By using the site or downloading materials from
the site, you agree to abide by the terms and
conditions set forth in this notice. If you
do not agree to abide by these terms and conditions
do not use the site or download materials from
the site.
LIMITED LICENSE
AQUANTA, LLC authorizes
you to view and download the information ("Materials")
at this Web site ("Site") for your
personal and commercial use. This authorization
is not a transfer of title in the Materials
and copies of the Materials and is subject to
the following restrictions: 1) you must retain,
on all copies of the Materials downloaded, all
copyright and other proprietary notices contained
in the Materials; 2) you may not modify the
Materials in any way or reproduce or publicly
display, perform, or distribute or otherwise
use them for any public or commercial purpose;
and 3) you must not transfer the Materials to
any other person unless you give them notice
of, and they agree to accept, the obligations
arising under these terms and conditions of
use. You agree to abide by all additional restrictions
displayed on the Site as it may be updated from
time to time. This Site, including all Materials,
is copyrighted and protected by worldwide copyright
laws and treaty provisions. You agree to comply
with all copyright laws worldwide in your use
of this Site and to prevent any unauthorized
copying of the Materials. Except as expressly
provided herein, AQUANTA, LLC does not grant
any express or implied right to you under any
patents, trademarks, copyrights or trade secret
information.
Subject to the terms and conditions set forth
in this Agreement, AQUANTA, LLC grants you a
non-exclusive, non-transferable, limited right
to access, use and display this site and the
materials thereon. You agree not to interrupt
or attempt to interrupt the operation of the
site in any way.
DISCLAIMER
THE MATERIALS MAY CONTAIN
INACCURACIES AND TYPOGRAPHICAL ERRORS. AQUANTA,
LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE,
OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE,
STATEMENT, MEMORANDUM, OR INFORMATION SHALL
BE AT YOUR SOLE RISK.AQUANTA, LLC RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY
ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.
AQUANTA, LLC MAY MAKE ANY OTHER CHANGES TO THE
SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY) DESCRIBED IN THE
SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON
THE SITE, AND THE SOFTWARE MADE AVAILABLE ON
THE SITE, ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
INFORMATION PROVIDED BY YOU
AQUANTA, LLC does not want
you to, and you should not, send any confidential
or proprietary information to AQUANTA, LLC via
the Site. You agree that any information or
materials that you or individuals acting on
your behalf provide to AQUANTA, LLC will not
be considered confidential or proprietary. By
providing any such information or materials
to AQUANTA, LLC, you grant to AQUANTA, LLC an
unrestricted, irrevocable, worldwide, royalty-free
license to use, reproduce, display, publicly
perform, transmit and distribute such information
and materials, and you further agree that AQUANTA,
LLC is free to use any ideas, concepts or know-how
that you or individuals acting on your behalf
provide to AQUANTA, LLC. You further recognize
that AQUANTA, LLC does not want you to, and
you warrant that you shall not, provide any
information or materials to AQUANTA, LLC that
is defamatory, threatening, obscene, harassing,
or otherwise unlawful, or that incorporates
the proprietary material of another.
THIRD PARTY SITES
As a convenience to you,
AQUANTA, LLC may provide on this Site links
to Web sites operated by other entities. If
you use these sites, you may leave this Site.
If you decide to visit any linked site, you
do so at your own risk and it is your responsibility
to take all protective measures to guard against
viruses or other destructive elements. AQUANTA,
LLC makes no warranty or representation regarding,
and does not endorse, any linked Web sites or
the information appearing thereon or any of
the products or services described thereon.
Links do not imply that AQUANTA, LLC or this
Site sponsors, endorses, is affiliated or associated
with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed
in or accessible through the links, or that
any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of AQUANTA,
LLC or any of its affiliates or subsidiaries.
CHANGES
AQUANTA, LLC reserves the
right, at its sole discretion, to change, modify,
add or remove any portion of this Agreement
in whole or in part, at any time. Changes in
this Agreement will be effective when notice
of such change is posted. Your continued use
of the Site after any changes to this Agreement
are posted will be considered acceptance of
those changes.
AQUANTA, LLC may terminate, change, suspend
or discontinue any aspect of the AQUANTA, LLC
Site, including the availability of any features
of the Site, at any time. AQUANTA, LLC may also
impose limits on certain features and services
or restrict your access to parts or all of the
Site without notice or liability. AQUANTA, LLC
may terminate the authorization, rights and
license given above and, upon such termination,
you shall immediately destroy all Materials.
LIMITATION OF DAMAGES
IN NO EVENT SHALL
AQUANTA, LLC OR ANY OF ITS AFFILIATES OR SUBSIDIARIES
BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS
OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS
OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AQUANTA,
LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
APPLICABLE LAW
This Site is controlled,
operated and administered by AQUANTA, LLC from
its offices in California. These Terms and Conditions
of use shall be governed by the laws of California,
without giving effect to its conflict of laws
provisions.
This Agreement constitutes the entire agreement
between AQUANTA, LLC and you with respect to
your use of the Site. Any cause of action you
may have with respect to your use of the Site
must be commenced within one (1) year after
the claim or cause of action arises. If for
any reason a court of competent jurisdiction
finds any provision of the Agreement or portion
thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible
so as to affect the intent of the Agreement,
and the remainder of this Agreement shall continue
in full force and effect.
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