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WEBSITE TERMS AND CONDITIONS OF USE
YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS WEBSITE.
THIS WEBSITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. IF YOU ARE USING THIS SITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON YOUR EMPLOYER�S BEHALF.
1. Restrictions on Use
All pages within this Website and any material made available for download (collectively the "Site") are the property of Tri-Optic, a division of Engineered Data Products, Inc. ("Tri-Optic/EDP") and/or its affiliates or licensors. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Tri-Optic/EDP. The Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Tri-Optic/EDP.
2. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. Tri-Optic/EDP DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS.
Tri-Optic/EDP MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS WILL BE CORRECTED.
Although Tri-Optic/EDP attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Tri-Optic/EDP so that it can be corrected. Information contained on the Site may be changed or updated without notice.
3. Limitation of Liability
Tri-Optic/EDP AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE EVEN IF Tri-Optic/EDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
4. Confidential and Proprietary Information
Tri-Optic/EDP does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Tri-Optic/EDP through the Site will be deemed NOT to be confidential. By sending Tri-Optic/EDP any information or materials pertaining to inventions, ideas, concepts, know-how, or techniques through the Site you grant Tri-Optic/EDP and its affiliates an unrestricted, irrevocable, world-wide, royalty free license to use, disclose, reproduce, display, perform, modify, transmit, and sublicense such information, materials, inventions, ideas, concepts, know-how, or techniques for any purpose.
5. Links or Pointers to Other Sites
Tri-Optic/EDP makes no representations whatsoever about any other website that you may access though this Site. When you access another website, please understand that Tri-Optic/EDP may have no control over the content on that website. In addition, a hyperlink to another website does not mean that Tri-Optic/EDP endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
You agree to indemnify and hold Tri-Optic/EDP and its affiliates, shareholders, officers, directors, agents, licensors, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorney�s fees, made by any third party arising from or relating to your use of or connection to this Site (including any use on behalf of your employer), your violation of these Terms and Conditions, or your violation of the rights of another.
7. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Tri-Optic/EDP that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
8. Modification and Termination of Services
Tri-Optic/EDP reserves the right at any time to modify, suspend, or terminate this Site and any services provided through this Site, and/or your use of or access to them, with or without notice. Tri-Optic/EDP will not be liable to you or any third party for any modification, suspension, termination of the Site or any services provided through the Site, or the loss of any related information.
(a) Governing Law
These Terms and Conditions are entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules.
If any provision of these Terms and Conditions is found void or unenforceable, it will not affect the validity of the balance of the Terms and Conditions, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in these Terms and Conditions shall remain in full force and effect.
All disputes arising out of or relating to these Terms and Conditions Agreement shall be finally settled by arbitration conducted in Denver, Colorado under the rules of commercial arbitration of the American Arbitration Association ("Rules"). Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses, all of which each party shall bear separately). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
10. Entire Agreement
These Terms and Conditions and any applicable end user license agreements constitute the entire agreement between Tri-Optic/EDP and you pertaining to the subject matter of this Agreement and supersede any proposal or prior agreement or other communication between Tri-Optic/EDP and you relating to the subject matter of this Agreement. In its sole discretion, Tri-Optic/EDP may modify these Terms and Conditions by posting the revised version on this Site. Rights and obligations under these Terms and Conditions, which by their nature should survive, will remain in full force and effect after termination or expiration of these Terms and Conditions.