|
|
Moritor Technologies Legal Notices and Terms of Use
All contents are Copyright © 2001 Moritor Technologies All rights
reserved.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS
SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF
USE, PLEASE DO NOT USE THIS SITE. MORITOR TECHNOLOGIES RESERVES THE RIGHT TO
CHANGE THESE RULES AND REGULATIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.
1. General.
This Web Site is owned and operated by Moritor Technologies. Moritor
Technologies has the right at any time to change or discontinue any aspect or
feature of the site, including, without limitation, the content, hours of
availability, and access or use of the site.
2. Limited License.
Moritor Technologies hereby authorizes you to copy materials published by
Moritor Technologies on this Web Site solely for your personal, non-commercial
use. No other use of the information is authorized without the express prior
written consent of Moritor Technologies. In consideration of this
authorization, you agree that any copy of these materials which you make shall
retain all copyright and other proprietary notices in the same form and manner
as the original. Except as specified above, nothing contained herein shall be
construed as conferring by implication, estoppel or otherwise any license or
right under any patent, trademark or copyright of Moritor Technologies or any
third party.
3. Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas on this Web Site is
limited to authorized users only. You agree to provide accurate and current
information on all registration forms on this Web Site. You are solely
responsible for maintaining the confidentiality of any user name and password
provided to you. You agree to not misuse or share the username or password that
is issued to you by Moritor Technologies, misrepresent your identity or your
affiliation with an entity, impersonate any person or entity, or misstate the
origin of any materials you are exposed to through this Web Site. If you are in
violation of your obligations under the Terms of Use, you may be subject to
prosecution.
4. Links to Other Sites.
While this Web Site may contain links to third party sites, Moritor
Technologies is not responsible for the content of any linked sites. Moritor
Technologies provides these links as a convenience and does not endorse the
companies or contents of any linked sites. MORITOR TECHNOLOGIES DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT
NOT LIMITED TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF
A LINKED SITE.
5. Privacy Policy.
In accordance with the terms of Moritor Technologies' Privacy Policy, Moritor
Technologies respects the privacy of its users.
6. Usage by Children Under 13.
Moritor Technologies cannot prohibit minors from visiting this Web Site.
Moritor Technologies must rely on parents, guardians and those responsible for
supervising children under 13 to decide which materials are appropriate for
such children to view and/or purchase. EACH TIME YOU PURCHASE A PRODUCT AT
MORITOR TECHNOLOGIES.COM, YOU ARE REPRESENTING TO MORITOR TECHNOLOGIES THAT YOU
ARE EITHER (I) AGED 13 OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING
THROUGH A PARENT OR AUTHORIZED GUARDIAN WHO HAVE GIVEN VERIFIABLE PERMISSION
FOR SUCH MINORS TO PURCHASE ITEMS ON OUR WEB SITE, AND FOR THE COLLECTION BY US
OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
7. Termination of Usage.
Moritor Technologies may terminate your access, or suspend your access to all
or part of Moritor Technologies.com, without notice, for any conduct that
Moritor Technologies, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another user, a third party
provider, a service provider, or Moritor Technologies.
8. Copyright.
ALL CONTENTS ON THIS WEB SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS
SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE
MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT THE PRIOR WRITTEN
PERMISSION OF MORITOR TECHNOLOGIES. VISITORS OR USERS ARE NOT PERMITTED TO
MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, TRANSFER, ALTER OR CREATE DERIVATIVE
WORKS OF ANY MATERIAL, DOCUMENTATION OR DEMONSTRATIONS THAT EXISTS ON THIS WEB
SITE FOR ANY PURPOSE WHATSOEVER.
9. Disclaimer of Warranty; Limitation of Liability.
-
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MORITOR
TECHNOLOGIES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR PRODUCT DESCRIBED ON
THIS SITE.
-
THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
TRADE USAGE OR COURSE OF DEALING.
-
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THIS SITE OR THE CONTENT THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION.
-
IN NO EVENT WILL MORITOR TECHNOLOGIES, OR ANY OF ITS EMPLOYEES, CONSULTANTS,
DIRECTORS, AGENTS, PARTNERS OR AFFILIATES INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT,
IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE
OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL USE OF AND CONTENT ON THE SITE.
10 Indemnification.
You agree to defend, indemnify and hold harmless Moritor Technologies and its
affiliates and their respective directors, officers, employees and agents from
and against any and all claims, actions, demands, damages, costs, liabilities,
losses and expenses (including reasonable attorneys' fees) arising out of your
use of this Web Site.
11. Trademarks.
Moritor Technologies is a trademark and service mark of Moritor Technologies.
All other marks that appear throughout the Web Site belong to Moritor
Technologies or the respective owners of such marks, and are protected by U.S.
and international copyright and trademark laws. Any use, publication or copy of
any of the marks appearing throughout the website without the express written
consent of Moritor Technologies or the owner of the mark, as appropriate, is
strictly prohibited.
12. Viruses.
Moritor Technologies also assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer equipment or
other property on account of your access to, use of, or browsing in the site or
your downloading of any materials, data, source code, text, images, video, or
audio from the site.
13. Miscellaneous.
These terms of use constitute the entire agreement of the parties with respect
to the subject matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject matter. These terms
of use shall be construed in accordance with the laws of the State of
California, without regard to its conflict of laws rules. You hereby consent to
the personal jurisdiction of the State of California, acknowledge that venue is
proper in State court in Riverside County or the nearest Federal court in
Southern California, agree that any action related to these terms of use must
be brought in said state or federal court in the State of California, and waive
any objection that may exist, now or in the future, with respect to any of the
foregoing. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given
any legal import.
|