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TERMS AND CONDITIONS OF USE

DEMESY & COMPANY, LTD. WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.


Use of Site

DeMesy & Company ("DeMesy") authorizes you to view and download the materials at this Web Site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.


Web Site License

As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. DeMesy may terminate this license at any time for any reason.


Limitations on Use

The Content on this Web Site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without DeMesy's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited. In no event may any person or entity solicit any Users with data retrieved from this Web Site.


User Submissions

Other than personally identifiable information, which is covered under the DeMesy Online Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). DeMesy will have no obligations with respect to the Communications. DeMesy and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.


Links To Other Web Sites

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. DeMesy has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, DeMesy does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.


Linking to this Web Site

You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Provider notice of such link by sending an e-mail to sales@demesy.com and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within the Web Site, you should forward your request to DeMesy at sales@demesy.com and DeMesy will notify you if permission is granted, and if so the terms and conditions of the permission.


Advertisers

This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.


Third Party Content

Third party content may appear on this Web Site or may be accessible via links from this Web Site. DeMesy is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of DeMesy.


Product Information

All products offered are subject to prior sale. While DeMesy has tried to accurately display shapes and colors of the products offered on this Web Site, the actual colors you see mostly depend on your monitor and may not be accurate.


Copyright

All Web Site design, images, audio clips and information, the selection and arrangement thereof as well as all software contained on this Web Site are, to the extent possible, copyrighted and/or otherwise proprietary to DeMesy. You are authorized to download or print a hard copy of individual pages and/or sections of this Web Site, provided that you do not remove any copyright or other proprietary notices. This authorization is limited to use for information purposes only. Reproducing (in whole or in part), transmitting (by electronic means or otherwise), modifying, linking into or using for any public or commercial purpose any portion or all of this Web Site without prior written permission of DeMesy is strictly prohibited.


Trademarks

Unless otherwise indicated, mark DEMESY and all other marks including logos and graphic designs proprietary to Demesy & Company, Ltd. are subject to the trademark rights of DeMesy and may not be used in connection with any product or services that are not offered by DeMesy in any manner that is likely to cause confusion among customers or in any manner that discredits or disparages DeMesy. No mention is made of rights with respect to other trademarks, service marks or trade-names, whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, trade-names, words or signs.


Disclaimer

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON_INFRINGEMENT OF INTELLECTUAL PROPERTY. DeMesy does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. DeMesy does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. DeMesy may make improvements and/or changes to its features, functionality or Content at any time. DeMesy further does not warrant the accuracy and completeness of the materials or services at this Site. DeMesy may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and DeMesy makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local DeMesy business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.


Limitation of Liability

IN NO EVENT WILL DEMESY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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.


Usage by Children under 13

DeMesy cannot prohibit minors from visiting this Site. DeMesy must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. DeMesy requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a DeMesy authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT DEMESY.COM, YOU ARE REPRESENTING TO DEMESY THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A DEMESY.COM AUTHORIZED AFFILIATED PROGRAM THAT PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.


Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from this Web Site to either a foreign national or a foreign destination in violation of such laws.


Indemnity

User agrees to indemnify and hold DeMesy, its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.


Unlawful Activity

DeMesy reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.


Remedies for Violations

DeMesy reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site.


Applicable Laws

This Site is administered by DeMesy from its offices in Dallas, Texas. DeMesy makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re_export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.


Privacy

Your use of the Web Site is subject to DeMesy's Privacy Policy, available through this link.


Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the Web Site and the Privacy Policy constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


General

DeMesy may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.



Revised April 2002.

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