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By
using this website, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use
this website.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our website
(the "Website"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Website, the content, products or services provided
by or through the Website, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted
on the Website, and you should review this Agreement prior to using
the Website.
Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Website are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Website, except as allowed by
Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through
the Website. The posting of information or materials on the Website
does not constitute a waiver of any right in such information and
materials.
Service
Marks.
Products and names mentioned on the Site may be trademarks of their
respective owners.
Limited
Right to Use.
The viewing, printing or downloading of any content, graphic, form
or document from the Website grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than
for your personal use (but not for resale or redistribution).
Editing,
Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Website.
Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the
Website.
Nontransferable.
Your right to use the Website is not transferable. Any password
or right given to you to obtain information or documents is not
transferable.
Disclaimer
and Limits.
THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR ENTER
INTO ANY ATTORNEY-CLIENT RELATIONSHIP.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES
OR INFORMATION.
Use
of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Website uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us through the Website (collectively, the
"Submission") will forever be the property of Global Website.
Global Website will not be required to treat any Submission as confidential,
and will not be liable for any ideas for its business (including
without limitation, product, service or advertising ideas) and will
not incur any liability as a result of any similarities that may
appear in future Global Website products, services or operations.
Without limitation, Global Website will have exclusive ownership
of all present and future existing rights to the Submission of every
kind and nature everywhere. Global Website will be entitled to use
the Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you
submit, and you, not Global Website, have full responsibility for
the message, including its legality, reliability, appropriateness,
originality, and copyright.
Privacy
Policy.
Our Privacy Policy, as it may change from time to time, is a part
of this Agreement.
Payments.
You represent and warrant that if you are purchasing something from
us or from Merchants that (i) any credit information you supply
is true and complete, (ii) charges incurred by you will be honored
by your credit card or Debit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
applicable taxes. We operate a non-refundable policy on payments
made once goods or services have been discharged
Securities
Laws.
This Website may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control.
When used on our Website, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Website and the information contained herein does
not constitute an offer or a solicitation of an offer for sale of
any securities. None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
Links
to Other Web Sites.
The Website contains links to other web sites and websites. We are
not responsible for the content, accuracy or opinions express in
such web sites or websites, and such web sites or websites are not
investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked web site or website on our Website
does not imply approval or endorsement of the linked web site or
website by us. If you decide to leave our Website and access these
third-party sites, you do so at your own risk.
Copyrights
and Copyright Agents.
We respect the intellectual property of others, and we ask you to
do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide our
Copyright Agent the following information:
(a)
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(b)
A description of the copyrighted work that you claim has been infringed;
(c)
A description of where the material that you claim is infringing
is located on the Site;
(d)
Your address, telephone number, and email address;
(e)
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the
law; and
(f)
A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for Notice of claims of copyright infringement on
the Site can be reached by directing an e-mail to the Copyright
Agent at copyrightinfo@keyeglobal.com
Proposed
Product and Service Offerings.
All descriptions of proposed products and services are based on
assumptions subject to change and you should not rely on the availability
or functionality of products or services until they are actually
offered through the Website. We reserve the right in its sole discretion
to determine how registration and other promotions will be awarded.
This determination includes, without limitation, the scope, nature
and timing of all such awards.
Information
and Press Releases.
The Website contains information and press releases about us. While
this information was believed to be accurate as of the date prepared,
we disclaim any duty or obligation to update this information or
any press releases. Information about companies and institutions
other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
2. Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in Los Angeles, CA, and shall be governed by and construed in accordance
with the laws of the State of California (without regard to conflict
of law principles). Any cause of action by you with respect to the
Site (and/or any information, products or services related thereto)
must be instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall be subject
to the limitations set forth in Section 8 and Section 10. The language
in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought
solely in Los Angeles, CA. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial service
of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
© 2006 Keye Global Resources Limited
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