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| SpeedMixer.com FlackTek™ SpeedMixer |
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Terms of UseRead This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 1st March 2007.
This Terms of Use Agreement sets forth the
standards of use of the Speedmixer™ Online Service. By using the Speedmixer
Websites you (the “Customer”) agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being posted at speedmixer
website. Your continued use of the
Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1.
Disclaimer of Warranties.
The site is provided by
Speedmixer™ on an “as is” and on an “as available” basis. To the fullest extent permitted by
applicable law, Speedmixer™ makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web site in terms
of its correctness, accuracy, reliability, or otherwise. Speedmixer™ shall have no liability for any
interruptions in the use of this Website. Speedmixer™ disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
2. Limitation of Liability
Speedmixer™ SHALL NOT be liable for any damages whatsoever, and in
particular Speedmixer™ shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if
Speedmixer™ has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
3. Indemnification
Customer agrees to indemnify and hold Speedmixer™, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Service
Speedmixer™ reserves the right to modify or discontinue the Service with or without notice to the Customer. Speedmixer™ shall not be liable to Customer or any third party should Speedmixer™ exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that Speedmixer™ does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Disclaimer Regarding Accuracy of Suppliers Information
Product specifications and other information have either been provided by the Suppliers or collected from publicly available sources. While Speedmixer™ makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Speedmixer™ makes no warranties or representations whatsoever with regard to any product provided or offered by any Suppliers, and you acknowledge that any reliance on representations and warranties provided by any Suppliers shall be at your own risk.
6. Governing Jurisdiction of the Courts South Carolina
Our website is operated and provided in the State of South Carolina. As such, we are subject to the laws of the State South Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State South Carolina.
7. Compliance with Laws.
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
8. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Speedmixer™.com, with all rights reserved, or is the property of Speedmixer™ and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Speedmixer™ is strictly prohibited. Customers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Speedmixer™.
Speedmixer™ and Speedmixer.com are proprietary marks of Speedmixer. Speedmixer™’s trademarks may not be used in connection with any product or service that is not provided by Speedmixer™, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Speedmixer™.
All other trademarks displayed on Speedmixer™’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Suppliers. In addition, such use of trademarks or links to the web sites of Suppliers is not intended to imply, directly or indirectly, that those Suppliers endorse or have any affiliation with Speedmixer™.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Speedmixer™.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail Sharon Clark - Customer Services By Telephone: 864.895.7441 By Email: Sharon Clark - Sharon@flacktek.net
10. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Speedmixer™, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].
Issue 1 - Effective 01/03/2007 |