|
1. Acceptance of Terms and Conditions and Amendments. Each
time you use or cause access to this web site, you agree to be bound by
these Terms and Conditions, and as amended from time to time with or
without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules
or guidelines applicable to those services and they shall be
incorporated by reference into these Terms and Conditions. Please see
our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
2. Our Service. Our web site and services provided to you
on and through our web site on an "AS IS" basis. You agree that the
owners of this web site exclusively reserve the right and may, at any
time and without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide, whether
temporarily or permanently. We shall have no responsibility or
liability for the timeliness, deletion, failure to store, inaccuracy,
or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations. In
order to use the full features of this site you must be a register
member. When you register you agree to provide truthful information
when requested. When registering, you explicitly agree to our Terms
and Conditions and as may be modified by us from time to time and
available here.
4. Privacy Policy. Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy. At this time, nor in the foreseeable future is your private information made available or sold to any third parties.
5. Registration and Password. You are responsible to
maintain the confidentiality of your password and shall be responsible
for all uses via your registration and/or login, whether authorized or
unauthorized by you. You agree to immediately notify us of any
unauthorized use of your registration, user account or password.
6. Your Conduct. You agree that all information or data
of any kind, whether text, software, code, music or sound, photographs
or graphics, video or other materials ("Content"), publicly or
privately provided, shall be the sole responsibility of the person
providing the Content or the person whose user account is used.
You explicitly agree, in using this web site or any service provided, that you shall not : (a)
provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, torturous,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law; (b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you; (c) collect or
harvest any data about other users; (d) provide or use this web site
and any Content or service in any commercial manner or in any manner
that would involve junk mail, spam, chain letters, pyramid schemes, or
any other form of unauthorized advertising without our prior written
consent; (e) provide any Content that may give rise to our civil or
criminal liability or which may constitute or be considered a violation
of any local, national or international law, including but not limited
to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site. By providing any Content to our web site : (a)
you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology known or later
developed; (b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7; (c) you acknowledge and agree
that we shall have the right (but not obligation), in our sole
discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without
notice.
8. Third Party Services. Goods and services of third
parties may be advertised and/or made available on or through this web
site. Representations made regarding products and services provided by
third parties are governed by the policies and representations made by
these third parties. We shall not be liable for or responsible in any
manner for any of your dealings or interaction with third parties.
9. Indemnification. You agree to indemnify and hold us
harmless, our subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers,
partners, and co-branders from any claim or demand, including
reasonable attorney's fees, that may be made by any third party, that
is due to or arising out of your conduct or connection with this web
site or service, your provision of Content, your violation of this
Terms and Conditions or any other violation of the rights of another
person or party.
10. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED
(THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK.
IT IS PROVIDED TO YOU "AS IS"; AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE,
ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. HOWEVER, WE WILL MAKE EVERY EFFORT TO MAKE YOUR
VISIT TO OUR SITE SAFE, SECURE AND INFORMATIVE AT ALL TIMES.
Some jurisdictions may not allow disclaimers of implied warranties
and the above disclaimer may not apply to you only as it relates to
implied warranties.
11. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE
INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS
AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights. We reserve all of our rights,
including but not limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary right that we may
have in our web site, its content, and the goods and services that may
be provided. The use of our rights and property requires our prior
written consent. We are not providing you with any implied or express
licenses or rights by making services available to you and you will
have no rights to make any personal or commercial uses of our web site
or service without our prior written consent.
13. Notification of Copyright Infringement. If you
believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual
property rights, our copyright agent may be contacted at the following
address : Click to contact our webmaster
Other contact information : Intoximeters, Inc. ATTN: Web Design 2081 Craig Road Saint Louis, MO 63146 (P) (314) 429-4000 (F) (314) 429-4000
14. Applicable Law. You agree that this Terms and
Conditions and any dispute arising out of your use of this web site or
our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this
web site is located, without regard to its conflict of law provisions.
By registering or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this web site is located.
15. Miscellaneous Information. (i) In the event that this
Terms and Conditions conflicts with any law under which any provision
may be held invalid by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this
Terms and Conditions will remain valid and intact (ii) The failure of
either party to assert any right under this Terms and Conditions shall
not be considered a waiver of any that party's right and that right
will remain in full force and effect; (iii) You agree that without
regard to any statue or contrary law that any claim or cause arising
out of this web site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms and
Conditions and we shall be relieved of any further obligation.
|