1. General.
a. PROMASTAR LTD. ("Promastar") maintains
this Internet site (the "Site") for informational and communication
purposes.
Your access to and use of
this Site is subject to the following Terms and Conditions of Use and
Privacy Statement ("Terms"),
as well as any modifications issued by Promastar to these Terms
and all applicable laws and regulations.
By using this Site, you
agree and will be deemed to be bound by these Terms.
If you do not want to be
bound by these Terms, do not use this Site.
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b. Among other things, this Site provides general
information concerning various Promastar products and services and
the opportunity to obtain
additional information concerning those products and services or to purchase
them.
These Terms and the information
provided in this Site in no way override the terms and conditions of your
purchase of any
product or service except
as specifically provided therein.
2. Changes in Terms; Termination.
a. Promastar shall have the right at any time and
without prior notice to revise the terms and provisions of these Terms
or to impose new terms and
conditions with respect to access to or use of this Site.
Such revisions and additions
shall be effective immediately upon notice thereof, which may be given by
any means,
including but not limited
to posting the revised or additional terms and conditions on the Site.
Any access or use of this
Site by you after notice of revisions or additions to these Terms shall
constitute and be deemed
to be your agreement to
such revisions or additions.
b. Promastar also shall have the right to terminate
this Site or any products or services offered through the Site, or any
individual's right to access
or use any portion of or product or service offered through the Site, at
any time and without prior notice.
3. Site Content.
The information and materials posted on this Site
may contain errors, omissions, or typographical errors or may be out of
date.
Promastar may change, delete, or update any posted
information or materials at any time and without prior notice.
The information and materials posted on this Site
are provided for informational purposes only and are not binding on Promastar
in any way except to the extent they are specifically
indicated to be so.
4. Linked Third Party Sites.
Links to other Internet sites operated by third
parties, including members of Promastar's authorized dealer network or Promastar's
corporate partners, do not constitute sponsorship,
endorsement, or approval by Promastar of the content, policies, or practices
of such linked sites. Linked sites are not operated,
controlled, or maintained by Promastar, and Promastar is not responsible
for the availability, content, policies, or practices
of linked sites.
Links to other sites are provided for your convenience
only, and you access them at your own risk.
5. DISCLAIMER OF WARRANTY.
Promastar makes no warranties or representations
whatsoever concerning this Site or any linked site or its content,
including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness
of that information and materials.
Promastar also does not warrant or represent that
your access to or use of any site will be uninterrupted or free of errors
or omissions, that
defects will be corrected, or that the site is free of computer viruses or other harmful components.
Without limiting the foregoing,
EVERYTHING ON THIS SITE IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
6. LIMITATION ON LIABILITY.
UNDER NO CIRCUMSTANCES WILL PROMASTAR BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS
OR USE THE SITE
OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED
TO LOST PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF PROGRAMS OR OTHER DATA
ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF PROMASTAR IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Trademarks and Copyrights.
Unless otherwise noted, the trademarks, logos, and
service marks used on the Site are owned by Promastar or by third parties
that have licensed their use to Promastar. You may view and download these marks for informational purposes only as permitted
by applicable copyright laws and must retain intact all copyright and other proprietary
notices.
Other use of these marks, except as specifically permitted in these Terms or the Site
content or a writing signed by Promastar, is
strictly prohibited.
8. Submissions.
Other than your e-mail address or customer information,
which is subject to the Privacy Statement set forth in Section 10 herein, any
communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments,
suggestions,
or the like, is and will be treated as non-confidential and non-proprietary and may
be used by Promastar, members of its authorized
dealer network, its corporate partners, or their
affiliates or related entities for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, Promastar, members of its authorized
dealer network, its corporate partners, and their affiliates and related entities
are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any
purpose
whatsoever, including, but not limited to, developing, manufacturing, and marketing products
or services using information contained in
such communication.
9. Indemnification.
You agree to defend, indemnify, and hold harmless
Promastar, members of its authorized dealer network , its corporate partners,
and their affiliates and related entities and their respective directors, officers, employees, and agents from and against
all claims,
losses, damages, liabilities, and costs including but not limited to reasonable attorneys'
fees and court costs, arising out of or relating to
your breach of these Terms or your access to or
use of this Site. The foregoing indemnification obligation shall survive termination
of these Terms and the Site and any product or service provided to you arising out of or relating to your use of
the Site.
10. Privacy Statement.
a. Promastar respects the privacy of personally
identifiable information about visitors to this Site such as names or
e-mail
addresses and will collect such information about you only when you knowingly and voluntarily
submit it.
Promastar does not
sell or rent personally identifiable information about visitors to the Site to third parties other than members
of its authorized dealer network.
Promastar will not
use personally identifiable information about visitors to the Site for the
purpose of broadcasting unsolicited e-mail
newsletters or bulletins and will transmit such newsletters or bulletins only to
individuals that specifically request to subscribe.
Promastar also will
not authorize use of personally identifiable information about visitors
to the Site by members of its
authorized dealer
network for the purpose of broadcasting unsolicited e-mail newsletters or bulletins.
b. Promastar may use personally identifiable
information about visitors to the Site in aggregate form to make the Site better
and more responsive to the interests of such visitors.
Statistical compilations
of such information also may be used by Promastar or provided to others for marketing, advertising,
or research purposes.
c. Promastar may collect certain non-personal
information about visitors to the Site, including but not limited to the identity of their Internet
browsers, the types of operating systems they use, their locations, and the
domain names of their Internet service providers.
Such non-personal
information may be used for purposes including but not limited to improving the content of the Site,
marketing, advertising, or research.
d. Promastar is not responsible for the privacy
policies or practices of members of its authorized dealer network, advertisers,
operators of linked sites, or other third parties.
11. Miscellaneous.
These Terms constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject matter.
No waiver by Promastar of any breach
or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default.
If any provision of these Terms shall be unlawful,void, or for any reason unenforceable,
then that provision shall be deemed severable
from the Terms and shall not affect the validity
and enforceability of any other provisions of the Terms.
Promastar shall not be liable for any
nonperformance or delay in performance caused by any act beyond its reasonable control,
including but not limited to acts or omissions of third parties, unavailability of supplies, equipment
failure, war, strikes, lock-outs, fire,
flood, or any other Act of
God, any law, regulation, ordinance,
or other act or order of any court, government, or governmental agency,
or delays, unavailability, errors,
or other failures of the Internet or other data networks.
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