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Please read the following terms and conditions
carefully before using this Web site or any of our other Web sites.
By
accessing or using our sites, you agree to the following terms and
conditions. You should review these terms and conditions regularly as they
may change at any time at our sole discretion. If you do not agree to any
term or condition, you should not access or otherwise use our sites. The
following terms and conditions apply to all of our Web sites.
'Content' refers to any materials, documents, images, graphics,
logos, design, audio, video and any other information provided from or on
our Web sites.
1. We Provide
our web site for your convenience only
Our Web site is provided to you without charge as a
convenience and for your information only. By merely providing access to our
Web site content, we do not warrant or represent that:
- the content is accurate or complete;
- the content is up-to-date or current;
- we have a duty to update any content;
- the content is free from technical
inaccuracies or typographical errors;
- the content is free from changes caused
by third party; and
- your access to our Web site will be free
from interruptions, errors, computer viruses or other harmful components.
We
do not assume any liability for these matters. In other words, you use our
Web site at your own risk. Under no circumstances, including, but not
limited to, negligence, shall we be liable for any direct or indirect,
special, incidental or consequential damages. This includes loss of data or
profit arising out of the use or the inability to use the content of this
Web site, even if one of our representatives has been advised of the
possibility of your damages. If your use of our Web site results in your
need to service, repair or correct equipment or data, you assume the costs
to the extent the law allows. Some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages. In such
jurisdictions, our liability is limited to the greatest extent permitted by
law.
2. We Provide Our Web Site "As
Is" and Disclaim All Warranties
Our Web site content is provided "as is" and without
warranties of any kind, either express or implied. We disclaim all
warranties, express or implied, including, but not limited to, implied
warranties and merchantability and fitness for a particular purpose.
3. We Do Not Have Responsibility
for Links to Third Party Content
We may provide hyperlinks or pointers to other
Web sites maintained by third parties or may provide third party content on
our Web site by framing or other methods. The links to third party Web sites
are provided for your convenience and information only. The content in any
linked Web sites is not under our control so we are not responsible for the
content, including any further links in a third party site. If you decide to
access any of the third party sites linked to our Web site, you do this
entirely at your own risk. It is up to you to take precautions to ensure
that the third party you link to for your use is free of computer viruses,
worms, trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do
Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a
third party Web site at any time. The fact that we provide a link to a third
party Web site does not mean that we endorse, authorize or sponsor that Web
site. It also does not mean that we are affiliated with the third party Web
site's owners or sponsors.
5. If a Third Party Links to Our
Web Site, It is Not An Endorsement
If a third party links to our Web site, it is
not necessarily an indication of an endorsement, authorization, sponsorship,
affiliation, joint venture or partnership by or with us. In most cases, we
are not aware that a third party has linked to our Web site.
A Web site that links to our Web site:
- May link to, but not replicate, our
content;
- Should not create a browser, border
environment or frame our content;
- Should not imply that we are endorsing
it or its products;
- Should not misrepresent its relationship
with us;
- Should not present false information
about our products or services; and
- Should not contain content that could be
construed as distasteful, offensive or controversial, and should contain
only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It is
Non-Confidential
We do not want to receive confidential or
proprietary information from you through our Web site. If you transmit to or
post on our Web site any material, data, information or idea by any means,
it will be treated as non-confidential and non-proprietary and may be
disseminated or used by us for any purpose. Personal data provided to us
will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our Web site
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other content that
could give rise to any civil or criminal liability under the law.
7. Your Use of Our Web Site is
Restricted
Our Web site and its content are owned and
operated by us. Our Web site's content is copyrighted and protected by
worldwide copyright laws and treaty provisions. In addition, our Web site
content is protected by trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
No content from www.visualhunter.com or any other Web
site owned, operated, licensed or controlled by us may be copied,
reproduced, republished, modified, uploaded, posted, transmitted, or
distributed in any way. You also may not, without our permission, "mirror"
any material contained on our Web site on any other server. The sole
exceptions to these restrictions are:
- you obtain written permission from us to
waive these restrictions; or
- you may download one copy of
our software product on a single computer for
informational, evalutational, non-commercial and
personal use only, provided you keep intact all copyright and other
proprietary notices and do not modify, and will not copy or post, the
content on any network computer or broadcast in any media.
Violation of these restrictions will be a violation of one or more laws and
is expressly prohibited by law. If you violate these restrictions, you may
be subject to civil and criminal penalties. If we grant you permission to
waive these restrictions, the permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded materials and printed materials.
8. By Providing Content, We Do
Not Allow You to Use Our Trademarks
The trademarks, service marks, and logos used
and displayed on our Web site are our registered and unregistered
trademarks. Nothing on this Web site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademark, without our written permission. We aggressively enforce our
intellectual property rights. The name of Marshall Solutions
Corporation or our logo may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on our Web
site, without prior written permission. You are not authorized to use our
logo as a hyperlink to our Web site unless you obtain our written permission
in advance.
9. You
are Bound by Changes in this Agreement's Terms and Conditions
We may at any time revise these terms and
conditions by updating this posting. By using our Web site, you agree to be
bound by any such revisions and should therefore periodically visit this
page to determine the then current Marshall Solutions
Corporation Web Site User Agreement and Disclaimers to which you are
bound. Certain provisions of these terms and conditions may be superseded by
other legal notices or terms located on parts of our Web site.
10. You
Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless
Marshall Solutions Corporation, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to us from and against all losses, expenses, damages
and costs, including reasonable lawyers' fees, resulting from any violation
of this Agreement by you.
11. Third
Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for
the benefit of Marshall Solutions Corporation and its
officers, directors, employees, agents, licensors, and suppliers. Each of
these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
12. How
This Agreement May Be Terminated
This Agreement may be terminated by either party
without notice at any time for any reason; provided that you may no longer
use our Web site after you have terminated this Agreement.
13.
Miscellaneous
Our failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. We may assign our rights and duties under this Agreement to any
party at any time without notice to you.
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