Terms of
Use
PLEASE READ THESE TERMS CAREFULLY BEFORE LINKING TO ANY Excitement Technologies Group &
WEBSITE. This Web site ("the Site") is provided by Excitement Technologies Group
("EXCITEMENT TECHNOLOGIES GROUP") and may be used by You only for the purposes
set forth in this Agreement. By executing this Linking Agreement, You agree to
abide by the terms and conditions set forth in this Agreement.
Terms & Conditions for Linking to Excitement Technologies Group
Websites
Limited License
Subject to the terms and conditions set forth in
this Agreement, EXCITEMENT TECHNOLOGIES GROUP grants You a non-exclusive,
non-transferable, limited right to link to and/or access, use and display the
Site and the materials thereon. You agree not to interrupt or attempt to
interrupt the operation of the Site in any way.
EXCITEMENT TECHNOLOGIES GROUP authorizes You to link and download the
information ("Materials") at the Site for Your commercial use in promoting the
sale and use of EXCITEMENT TECHNOLOGIES GROUP products and services. This
authorization is not a transfer of title in the Materials and copies of the
Materials and is subject to the following restrictions: 1) You must retain, on
all copies of the Materials downloaded, all copyright, trademark and other
proprietary notices contained in the Materials; 2) You may not use the Materials
in any manner that is pornographic, defamatory, disparaging of EXCITEMENT TECHNOLOGIES GROUP products or services, threatening, obscene, harassing, or otherwise
unlawful; 3) You may not modify the Materials in any way; and 4) You must not
transfer the Materials to any other person unless You give such person notice
of, and that person agrees to accept, the obligations arising under these terms
and conditions of use. You agree to abide by all additional restrictions
displayed on the Site as it may be updated from time to time. The Site,
including all Materials, is copyrighted and protected by worldwide copyright
laws and treaty provisions. You agree to comply with all copyright laws
worldwide in Your use of the Site and the Materials and to prevent any
unauthorized copying of the Materials. Except as expressly provided herein, EXCITEMENT TECHNOLOGIES GROUP does not grant any express or implied right to You
under any patents, trademarks, copyrights or trade secret information.
Linking to the Site
If You link to the Site, You agree to do so
only through the Site itself (or such other site to which You may be directed by
EXCITEMENT TECHNOLOGIES GROUP) and not through any subsidiary site or sub-page of
the Site or such subsidiary site. You agree that You will not display any
material on Your Web site that is pornographic, defamatory, disparaging of EXCITEMENT TECHNOLOGIES GROUP products or services threatening, obscene, harassing
or otherwise unlawful. Nor will You claim or imply any endorsement by EXCITEMENT TECHNOLOGIES GROUP of You or Your business by virtue of Your link to the
Site.
Content Sharing
If You use Materials from the Site, You agree that
You are responsible for keeping such information up to date, and EXCITEMENT TECHNOLOGIES GROUP
shall have no obligation to notify You or otherwise advise You
of any changes, corrections, additions, deletions or substitutions it may make
to the Site and/or the Materials.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. EXCITEMENT TECHNOLOGIES GROUP DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT,
MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. EXCITEMENT TECHNOLOGIES GROUP RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY PORTION OF THE SITE. EXCITEMENT TECHNOLOGIES GROUP MAY MAKE ANY
OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR
PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE
INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE
SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT
THE SITE, MATERIALS OR SOFTWARE MADE AVAILABLE AT THE SITE ARE FREE FROM ANY
VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third-Party Sites
As a convenience to You, EXCITEMENT TECHNOLOGIES GROUP may provide, on the Site, links to Web sites operated by other
entities. If You use these sites, You will leave the Site. If You decide to
visit any linked site, You do so at Your own risk and it is Your responsibility
to take all protective measures to guard against viruses or other destructive
elements. EXCITEMENT TECHNOLOGIES GROUP makes no warranty or representation
regarding, and does not endorse, any linked Web sites or the information
appearing thereon or any of the products or services described thereon. Links to
the Site do not imply that EXCITEMENT TECHNOLOGIES GROUP or the Site sponsors,
endorses, is affiliated or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of EXCITEMENT TECHNOLOGIES GROUP or any of
its affiliates or subsidiaries.
Information Provided By You
EXCITEMENT TECHNOLOGIES GROUP does not
want You to, and You must not, send any confidential or proprietary information
to EXCITEMENT TECHNOLOGIES GROUP via the Site. You agree that any information or
materials that You or individuals acting on Your behalf provide to EXCITEMENT TECHNOLOGIES GROUP will not be considered confidential or proprietary. By
providing any such information or materials to EXCITEMENT TECHNOLOGIES GROUP, You
grant to EXCITEMENT TECHNOLOGIES GROUP an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform, transmit and
distribute such information and materials, and You further agree that EXCITEMENT TECHNOLOGIES GROUP is free to use any ideas, concepts or know-how that
You or individuals acting on Your behalf provide to EXCITEMENT TECHNOLOGIES GROUP. You further recognize that EXCITEMENT TECHNOLOGIES GROUP does not
want You to, and You warrant that You shall not, provide any information or
materials to EXCITEMENT TECHNOLOGIES GROUP that is defamatory, threatening,
obscene, harassing, or otherwise unlawful, or that incorporates the confidential
or proprietary material of another.
Limitation of Damages
IN NO EVENT SHALL EXCITEMENT TECHNOLOGIES GROUP OR ANY OF ITS AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSE QUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO
THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF
THE SITE OR ANY LINKED WEBSITE, EVEN IF EXCITEMENT TECHNOLOGIES GROUP IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination, Changes and Suspension
EXCITEMENT TECHNOLOGIES GROUP
reserves the right, at its sole discretion, to change, modify, add or remove any
portion of this Agreement in whole or in part, at any time. Changes in this
Agreement will be effective when notice of such change is posted. Your continued
use of the Site after any changes to this Agreement are posted will be
considered acceptance of those changes.
EXCITEMENT TECHNOLOGIES GROUP also reserves the right to terminate, change,
suspend or discontinue any aspect of the Site, including the availability of any
features of the Site, or Your access to the Site at any time. EXCITEMENT TECHNOLOGIES GROUP may also impose limits on certain features and services or restrict
Your access to parts or all of the Site without notice or liability. EXCITEMENT TECHNOLOGIES GROUP may terminate the authorization, rights and license given above
at any time without cause. In the event of such termination, You shall
immediately remove the link to the Site, cease using the Materials and destroy
all Materials in Your possession.
International Users and Choice of Law
This Site is controlled,
operated and administered by EXCITEMENT TECHNOLOGIES GROUP from its offices
within the United States of America. EXCITEMENT TECHNOLOGIES GROUP makes no
representation that materials at the Site are appropriate or available for use
at other locations outside of the United States and access to them from
territories where their contents are illegal is prohibited. You may not link to
or use the Site or export the Materials in violation of U. S. export laws and
regulations. If You access the Site from a location outside of the United
States, You are responsible for compliance with all local laws. This Agreement
shall be governed by the laws of the State of Texas, without giving effect to
its conflict of laws provisions. You agree to submit to the personal and
exclusive jurisdiction of the state or federal courts located within the State
of Texas for any disputes arising from or related to the Site or this
Agreement.
English Language
You agree that there shall be no requirement to
translate any of the Site, or the Materials or any portion thereof or content
thereon, into any other language than the one in which they appear, and that all
contractual and transactional communications shall be in the English language,
and that there shall be no requirement to translate any communication into any
other language.
Entire Agreement & Enforcement
This Agreement constitutes the
entire agreement between EXCITEMENT TECHNOLOGIES GROUP and You with respect to
Your use of the Site. This Agreement is not intended to alter the terms or
conditions of any other agreement you may have with EXCITEMENT TECHNOLOGIES GROUP, its Affiliates, Service Providers or Business Partners to the extent
that those agreements govern issues other than your use of the Site, nor any
agreements that they may have with one another. Any cause of action You may have
with respect to Your use of the Site must be commenced within one (1) year after
the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of this Agreement or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this Agreement, and the remainder of
this Agreement shall continue in full force and effect.
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