Arden Technologies, Inc (Host of the Site for Jon Fetzer & jonfetzer.com) : Terms and Conditions / Terms of Use
The following are the terms of an agreement between you and us. By accessing, or using this Web site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.
We may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice
General
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information.
We grant you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of us provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and we may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited.
Except for the limited permission in the preceding paragraph, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
Disclaimer
From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site.
If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.
Confidential information
We do not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to us will be deemed NOT to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information as well as be free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Global availability
Information we publish on the Internet may contain references or cross references to our or other products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce or make available such products, programs, or services in your country.
Business relationships
This Web site may provide links or references to sites and resources provided by entities other than us. We makes no representations, warranties, or other commitments or endorsements whatsoever about any of these sites or third-party resources that may be referenced, accessible from, or linked to any of our sites. In addition, we not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from our sites. When you access these Web sites, even one that may contain the our logo and name, please understand that it is independent from us, and that we do not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
Linking to this site
We consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with us; (c) imply that we approve or endorse you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about us or otherwise damage the goodwill associated with the our name or trademarks. As a further condition to being permitted to link to this site, you agree that we may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of our names and/or trademarks.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED AS IS, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
DISCLAIMERS & LIMITATION OF LIABILITIES FOR CLIENT SERVICES AGREEMENTS
WE DISCLAIM ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CLIENT REPRESENTS AND WARRANTS THAT THEY ARE FULLY AUTHORIZED TO SCAN PROVIDED MATERIALS AND THAT PROVIDED MATERIALS ARE NOT IN VIOLATION OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. CLIENT IS ADVISED AND AWARE OF THE LIMITATIONS AND VARIABLITY OF SCANNING AND OCR TECHNOLOGIES. IN NO EVENT SHALL WE BE LIABLE HEREBY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS OR PROFITS, OR LOSS OF DATA, EVEN IF WE ARE ADVISED OF THEIR POSSIBLE EXISTENCE. OUR ENTIRE LIABILITY TO CLIENT AND ALL THIRD PARTIES FOR ANY AND ALL CLAIMS IN ANY MANNER RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID TO US UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO SUCH CLAIM AND CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, PARTNERS, AFFILIATES AND EMPLOYEES) HARMLESS, INCLUDING FOR ANY DAMAGES, COSTS, FEES EXPENDED IN ITS DEFENSE OR SETTLEMENT, IN THE EVENT THAT ANY LEGAL OR EQUITABLE CLAIMS ARISE OUT OF THE FOREGOING PROJECT OR CLIENT’S UTILIZATION OF OUR WORK. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF COLORADO, SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF COLORADO LOCATED IN DENVER COUNTY. BY ACCEPTING SERVICES FROM US, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS THE ENTIRE AGREEMENT FOR THIS PROJECT.
DISCLAIMERS & LIMITATIONS OF LIABILITIES FOR CLIENT PURCHASE AND PRODUCTIONS AGREEMENTS & ENGAGEMENTS
Additional Terms & Conditions regarding Client Purchases and Production Orders are Outlined on the Website regarding the respective purchase, e.g. Museum Store Company Purchase Terms and Conditions are outlined at http://www.museumstorecompany.com/About-Us-4.html.
Disputes
Any dispute relating in any way to your visit to Us or to products or services sold or distributed by Us shall be adjudicated in any state or federal court in Denver County, Colorado, and you consent to exclusive jurisdiction and venue in such courts.
Privacy
We collect your personal information for various purposes, such as processing your order, corresponding with you, and providing you with a service.
We may combine the information we collect from you with information obtained from other sources to help us improve its overall accuracy and completeness, and to help us better tailor our interactions with you.
We may utilized the collected information to best perform complete these services, be it through disclosures to partners, such as shipping companies for order processing, or additional vendors for service work completion.
In addition, we may also collect information relating to your use of our Web sites through the use of various technologies, including cookies.
That said, you may also turn off cookies in your browser.
Related Site Policies, Modifications and Severability
If you visit another website of our company, client is additionally bound by those Terms and Conditions as listed on those sites, with those Terms and Conditions taking priority. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.