THIS SET OF TERMS AND CONDITIONS ("JRTI Website Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE JRTI WEBSITE. YOUR USE OF THE JRTI WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTHYOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.
GRANT, RESTRICTIONS, AND OWNERSHIP
James River Technical, Inc. and its suppliers, as applicable ("JRTI"), hereby grant You the right to use the content comprising the JRTI Website (the "Content"). You may print the Content on The JRTI Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by JRTI from a variety of sources, and is subject to change without notice. You may not attempt to "pass-off" any of the Content as your own work.
You acknowledge that certain areas of the JRTI Website may apply other rights and/or restrictions to their use in their own manner ("Separate Licenses"). Any language within these Terms Of Use is subject to language in the Separate Licenses to the contrary, as to their subject matter.
SOFTWARE: Specifically, but without limitation, any computer software downloadable or otherwise available through the JRTI Website is licensed subject to the terms and conditions of its own applicable license agreement, and specific terms and conditions applicable to Software in download licenses within the JRTI Website or otherwise available through the JRTI Website will supersede the provisions of these Terms Of Use.
The use of certain areas of the JRTI Website is further restricted to JRTI support customers. You may not copy, adapt, modify, display, perform, or otherwise use the Content (including use the Content on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of JRTI or its suppliers, including without limitation such permission as may appear within the JRTI Website.
Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the "Applicable Laws"), including without limitation as indicated selectively within the Content. JRTI and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.
You may use, print and/or download from the JRTI Website the Content displayed on the JRTI Website for your personal, noncommercial purposes only. If you breach any of these Terms Of Use, your authorization to use the JRTI Website will automatically terminate and you must immediately destroy or delete any downloaded or printed material.
You agree that the Content is the proprietary information of JRTI and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable JRTI Website purposes indicated in association with the particular Content.
IMAGES IN JRTI WEBSITE
Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in the JRTI Website without securing the advance written consent of JRTI. To request permission, send email to webmaster@jrti.com, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.
COMMUNICATIONS FROM YOU TO THE JRTI WEBSITE
Except for orders for products provided through the JRTI Website and as specified in our Privacy Statement, all communications from You to the JRTI Website will be considered non-proprietary and non-confidential, and JRTI will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize JRTI to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the JRTI Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the JRTI Website. JRTI is not liable for any unauthorized use of any accounts you establish through the JRTI Website (e.g., through JRTI 's SupportFolio Online support-related services) by You, your employees, agents or anyone else.
AVAILABILITY OF JRTI WEBSITE
You acknowledge that temporary interruptions in the availability of the JRTI Website may occur from time to time as normal events. Under no circumstances will JRTI or its suppliers be held liable for any damages due to such interruptions. The JRTI Website and the Content may include technical inaccuracies or typographical errors. The JRTI Website is made available internationally and may contain references to products, programs and services of JRTI and/or its suppliers that are not available in your location. Such references do not imply that JRTI or its suppliers intend to make available such products, programs or services in your location.
MONITORING
It is neither the policy nor a practice of JRTI to review communications with the JRTI Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, JRTI reserves the right to review such communications but has no such obligation. JRTI shall have no responsibility or liability for the content of any communications posted to the JRTI Website, nor for any errors or violations of any applicable laws or regulations. JRTI will comply with court orders in any jurisdiction directing JRTI to disclose the identity of anyone posting communications to the JRTI Website.
LINKS WITH OTHER SITES
JRTI is not responsible for the content of any other web site linked to or from the JRTI Website. If you link to another site, you leave the JRTI Website. If you decide to link to another site, you do so entirely at your own risk. JRTI may provide links from the JRTI Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
EXPORT/ENCRYPTION CONTROL
You acknowledge that USA export control laws and regulations apply to the entire JRTI Website, including without limitation the U.S. Department of Commerce Export Administration Regulations ("E.A.R.") which prohibit the export or re-export of products and technology to certain countries and persons. You hereby assure You will not export, re-export, or transfer any software (acquired by You through the JRTI Website ["Software"]) in violation of any applicable export control laws and regulations, including without limitation USA versions of the same. If You are outside the USA, You represent You are eligible to receive items exported from the USA and are not: (1) a resident or national of any country subject to a USA trade embargo; (2) listed on the "Entity List," "Denied Persons List," or "Specially Designated Nationals List" maintained by the U.S. government; (3) engaged in [a] civil or military nuclear activities; [b] chemical or biological weapons-related activities; or [c] missile technology in or for a country subject to USA proliferation controls; or (4) a military or nuclear end-user in Russia or an entity engaged in military or nuclear-related activities for Russia. You represent You will not supply Software to any end-user of the types listed above without prior U.S. government authorization. You acknowledge Software may contain encryption and be subject to more stringent restrictions under the E.A.R. You represent You are not a government end-user outside of the following countries: Austria, Australia, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and United Kingdom; a government end-user is any foreign, regional, or local government department, agency, or other entity performing governmental functions. You represent You will not supply Software to any government end-user outside of the countries listed above without prior U.S. government authorization. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the JRTI Website will supersede the provisions of this paragraph.
U.S. GOVERNMENT LIMITED RIGHTS
You hereby acknowledge that any software (except as to open/free source) acquired from the JRTI Website, including without limitation through the JRTI Website, is acquired as "commercial computer software" (except as to included open/free software), subject to the provisions of its applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202, or successive sections. Contractor/manufacturer and/or direct/indirect supplier is JRTI , 4439 Cox Road, Glen Allen, Virginia 23060. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the JRTI Website will supersede the provisions of this paragraph.
DISCLAIMER
THE CONTENT PROVIDED AT THIS JRTI WEBSITE IS PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. JRTI does not warrant the accuracy and completeness of the Content on the JRTI Website. JRTI takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the JRTI Website. The Content at the JRTI Website may be out of date, and JRTI makes no commitment to update the Content at the JRTI Website. Information published at the JRTI Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the JRTI Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the JRTI Website will supersede the provisions of this paragraph.
LIMITATION OF LIABILITIES
IN NO EVENT WILL JRTI OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE JRTI WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS JRTI WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT JRTI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the JRTI Website will supersede the provisions of this paragraph.
INDEMNIFICATION
Upon the request of JRTI , you agree to defend, indemnify and hold harmless JRTI and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the JRTI Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the JRTI Website. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the JRTI Website will supersede the provisions of this paragraph.
TRADEMARKS
The trademarks, service marks and logos (trademarks) of JRTI and/or others used on the JRTI Website are the property of JRTI , Inc., its suppliers, or their respective owners. You may not use, and nothing contained on the JRTI Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the JRTI Website without the written permission of JRTI , Inc. or the respective owner, which written permission may be expressed within the JRTI Website.
AGREEMENT IN ENGLISH
You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contract et tous les documents connexes soient rédéges en anglanis.
GOVERNANCE
This JRTI Website is operated and controlled from JRTI 's offices in California, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the JRTI Website and your connection to and use of the JRTI Website. Both JRTI and You submit to exclusive jurisdiction in California and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Santa Clara County, California.
JRTI makes no representation or warranty that any communications or Content on the JRTI Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our JRTI Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect. |