| DISCLAIMER
The MMXpress web site (the "Site") is an online
information service provided by MMXpress ("MMXpress "),
subject to your compliance with the terms and conditions
set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE.
MMXpress MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are protected
by international copyright and trademark laws. The owner
of the copyrights and trademarks are MMXpress, its
affilates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may print and download portions of material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials.
You agree to grant to MMXpress a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly
perform any materials and other information (including,
without limitation, ideas contained therein for new or
improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to MMXpress by all means and in
any media now known or hereafter developed.
You also grant to MMXpress the right to use
your name in connection with the submitted materials and
other information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against MMXpress for any alleged or actual infringement
or misappropriation of any proprietary right in your
communications to MMXpress.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or servicemarks of MMXpress. Other product and
company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied
by MMXpress, MMXpressdoes not operate, control or endorse
any information, products or services on the Internet in
any way. Except for MMXpress- identified information,
products or services, all information, products and
services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with MMXpress a.
You also understand that MMXpress cannot and
does not guarantee or warrant that files available for
downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. MMXpress PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND MMXpress SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. MMXpress DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MMXpress HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MMXpress BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF MMXpress OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
MMXpress LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
MMXpress makes no representations whatsoever
about any other web site which you may access through
this one or which may link to this Site. When you access
a non-MMXpress web site, please understand that it is
independent from MMXpress, and that MMXpress has no
control over the content on that web site. In addition, a
link to a MMXpress web site does not mean that MMXpress
endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless MMXpress, its officers, directors, employees,
agents, licensors, suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of
MMXpress and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those
provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United
States of America applicable to agreements made and to be
performed in The United States of America. You agree that
any legal action or proceeding between MMXpress and you
for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting
in The United States of America . Any cause of action or
claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
MMXpress's 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. MMXpress may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are
reserved.
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