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Legal
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1. Acceptance of Terms This Disclaimer applies to the "www.vortaloptics.com" website (the "Web Site"). PLEASE READ THIS DISCLAIMER CAREFULLY AS YOUR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS DISCLAIMER AND ANY SUBSEQUENT MODIFICATIONS THERETO. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS DISCLAIMER, PLEASE DISCONTINUE YOUR USE OF THE WEB SITE. 2. Privacy Policy
The collection, use and disclosure of personal information
through this Web Site is governed by the Privacy Policy. To view the Privacy
Policy, 3. Reserved Rights and Grant of Limited Licence (a) Copyright © 2000-2003 VORTALOPTICS INC., 7251 W. Lake Mead Blvd., Ste. 300, Las Vegas, NV 89128, USA. All Rights Reserved. VORTALOPTICS either owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the software, information and content published on or otherwise accessible through the Web Site, including all text, HTML code, multimedia clips, images, graphics, icons and Java code, and the selection and arrangement of the content of the Web Site (collectively, the "Information"). (b) As a user of the Web Site, you are granted a non-exclusive limited licence to use, display or print short extracts of the Information for your own personal, non-commercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited and may result in civil or criminal penalties. None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of VORTALOPTICS. You acknowledge that you do not acquire any ownership or other rights in and to the Information, except the licenses granted herein, by using or downloading any Information from this Web Site. 4. No Solicitation (a) No aspect of the Web Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Web Site may only be available in certain areas or jurisdictions. (b) Any products or services mentioned on the Web Site are made available in accordance with local law and only where they may be lawfully offered for sale, and the sale of such products or services may be subject to separate terms and conditions. 5. No Endorsement (a) The Web Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest to you. These other sites were independently developed by parties other than VORTALOPTICS and VORTALOPTICS does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, VORTALOPTICS is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. Use of any such linked site and/or any information obtained from such linked site shall be at your own risk. (b) A link to another site should not be construed to mean that VORTALOPTICS is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link of the description of the link to such other sites. (c) The mention of another party or its product or service on the Web Site should not be construed as an endorsement of that party or its product or service. 6. No Advice or Warranties (a) Information provided on the Web Site is believed to be reliable when posted. However, VORTALOPTICS does not guarantee the quality, accuracy, completeness or timeliness of the information provided. VORTALOPTICS assumes no obligation to update the Information or advise on further developments concerning topics mentioned. Information contained on the Web Site may contain typographical errors. Information provided may be changed without notice. (b) Access to this Web Site is provided on an "as is" basis. You should not assume that the Web Site will be error-free or that the Web Site will operate without interruption. (c) VORTALOPTICS disclaims all warranties, representations and conditions, including all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice regarding use of the Web Site, the Information, or any products or services offered on the Web Site. Note that certain jurisdictions do not permit the exclusion of implied warranties, thus, this disclaimer may not apply to you. 7. No Liability (a) VORTALOPTICS IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE, THE USE OR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED ON THE WEB SITE, OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEB SITE, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF VORTALOPTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) VORTALOPTICS disclaims any liability for unauthorized use or reproduction of any portion of the Web Site. 8. Indemnity You agree to defend, indemnify and hold harmless, VORTALOPTICS and its affiliates and their respective officers, directors and employees from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of the these terms and conditions by you or any other person acting on your behalf, or in connection with the use of this Web Site. 9. Trademarks Certain words, phrases, names, designs or logos used on the Web Site may constitute trademarks, service marks or trade names of VORTALOPTICS or other entities. The display of any such marks or names on the Web Site does not imply that a licence has been granted by VORTALOPTICS or other entities. For certainty, Vortaloptics, the Vortaloptics logo, Vertical Search Engine, SearchShaper, VortalStats, VortalViewer and Engine Manager are trademarks of Vortaloptics Inc. 10. Confidentiality Warning The Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. VORTALOPTICS will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to VORTALOPTICS through the Internet or that you expressly or implicitly authorize VORTALOPTICS to make. 11. Conformance with Law (a) You agree that your use of the Web Site shall not violate any applicable local, national, state, provincial or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. (b) You agree not to impersonate another person in your use of the Web Site or in the sending of any e-mail to an address listed on the Web Site. 12. Choice of Law The laws of the State of Nevada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the State of Nevada in any action or proceeding instituted under or related to this agreement. These terms and conditions exclude and shall not be governed by the provisions of the United Nations Convention on the International Sale of Goods. 13. Changes to the Disclaimer VORTALOPTICS reserves the right to amend this Disclaimer at any time. If VORTALOPTICS decides to amend this Disclaimer, VORTALOPTICS will post the amended terms on the Web Site. Posting of amended terms shall constitute notice to you. All amended terms shall be effective immediately upon such notice. Your continued use of the Web Site after such modifications will constitute your: (a) acknowledgement of the modified Disclaimer; and (b) agreement to abide and be bound by the modified Disclaimer. 14. Terminations VORTALOPTICS may, in its sole discretion, terminate or suspend access to all or part of the Web Site at any time and for any reason without notice to you. Last revised March 27, 2003. |
