Terms of Use Agreement
Please Read This Term of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on May 1, 2006.
This Terms of Use Agreement sets forth the standards of use of any S3Companies Online Service. By using S3Companies websites you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on any S3Companies websites. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
S3Companies is providing Member with service and products.
Member must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member’s
access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by S3Companies on an “as is” and
on an “as available” basis. To the fullest extent permitted
by applicable law, S3Companies makes no representations or warranties
of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability,
or otherwise. S3Companies shall have no liability for any interruptions
in the use of this Website. S3Companies disclaims all warranties
with regard to the information provided, including the implied warranties
of merchantability and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
S3COMPANIES SHALL NOT BE
LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR S3COMPANIES
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF S3COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold S3Companies, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made
by any third party due to or arising out of Member’s use
of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer,
of any intellectual property or any other right of any person or
entity.
5. Modifications and Interruption to Service
S3Companies reserves the right to modify or discontinue the Service
with or without notice to the Member. S3Companies shall not be
liable to Member or any third party should S3Companies exercise
its right to modify or discontinue the Service. Member acknowledges
and accepts that S3Companies does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may
be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that
are owned and operated by online merchants and other third parties.
You acknowledge that we are not responsible for the availability
of, or the content located on or through, any third-party site.
You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links
or the content located on such sites. Your use of those third-party
sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members
to review said privacy policies of third-parties’ sites.
7. Disclaimer
Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While
S3Companies makes every effort to ensure that the information on
this website is accurate, we can make no representations or warranties
as to the accuracy or reliability of any information provided on
this website.
S3Companies makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Maryland. As
such, we are subject to the laws of the State of Maryland, and
such laws will govern this Terms of Use, without giving effect
to any choice of law rules. We make no representation that our
website or other services are appropriate, legal or available for
use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State
of Maryland.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Member further
agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or
international law or regulation.
10. Copyright and Trademark Information
All content included or available
on this site, including site design, text, graphics, interfaces,
and the selection and arrangements thereof is ©2005 S3Companies.com,
will all rights reserved, or is the property of S3Companies and/or
third parties protected by intellectual property rights. Any use
of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer
of S3Companies is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process
to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of S3Companies.
S3Companies™ and S3Companies.com™ are proprietary marks of S3Companies. S3Companies’s trademarks may not be used in connection with any product or service that is not provided by S3Companies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits S3Companies.
All other trademarks displayed on S3Companies’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with S3Companies.
11. Notification of Claimed
Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, S3Companies.com designates
the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail: 1613 Bradley Avenue, Rockville,
MD 20851
By Email: info@S3Companies.com
12. Botnets
S3Companies retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, S3Comapanies
reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at
our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and
any partially-enforceable provision) shall not be affected thereby
and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by S3Companies, in
our sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member
agrees that by accepting this Terms of Use Agreement, Member is
consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy
Statement.
