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SnapMarker®,
Inc. WEBSITE LEGAL STATEMENT
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Any
person who accesses areas of the SnapMark, Inc. website
www.SnapMarkers.com other than this legal statement
agrees to and is bound by the terms and conditions of
this Website Legal Statement.
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SnapMark, Inc. maintains this site ("Site") for
your personal information, education, and communication. Please
feel free to browse the Site. You may download material displayed
on the Site for non-commercial, personal use only, provided
you also retain any and all copyright and other propriety
notices contained in the materials. You may not, however,
distribute, modify, transmit, reuse, report, or use the contents
of the Site for public or commercial purposes, without SnapMarker®,
Inc.'s prior written permission. You agree that you will not
copy, reproduce, alter, modify, create derivative works, or
publicly display any content from our website without the
prior written permission of SnapMark, Inc. Authorized users
with passwords may download for agreed uses and purposes certain
graphics and software packages.
You
should assume that everything you see or read on the Site
is copyrighted, patent pending, protected by common law intellectual
property rights, or subject to trademark protection, and may
not be used except as provided in these Terms and Conditions
or in the text on the Site without the prior written permission
of SnapMark, Inc. SnapMark, Inc. will aggressively
enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
If
you do not wish to enter this Site. If you do not wish
to enter this Site and subject yourself to these Terms and
Conditions, but require some other form of assistance regarding
this Site, you may forward any questions that you have about
this Site or these Terms and Conditions to:
Consumer
Affairs
SnapMark, Inc
595 West Granada Boulevard
Suite J
Ormond Beach, Florida 32174
USA
1-386-672-1810
EST
Your
access and use of the Site is also subject to the following
terms and conditions ("Terms and Conditions"). By
accessing and browsing the Site, you accept, without limitation
or qualification, the Legal Statement and these Terms and
Conditions, and acknowledge that any other agreements between
you and SnapMark, Inc. are superseded and have no force
or effect.
Privacy.
We will not re-sell, or distribute your credit card account
information to anyone for any reason. We do assemble for our
use a list of site visitors and users.
Accuracy.
While SnapMark, Inc. uses reasonable efforts to include
accurate and up-to-date information on the Site, SnapMarker®,
Inc. makes no warranties or representations as to its accuracy.
SnapMark, Inc. assumes no liability or responsibility for
any errors or omissions in the content on the Site.
At
Your Risk. Your browsing of the Site is at your risk.
Neither SnapMark, Inc. nor any other party involved in
creating, producing, or delivering the Site is liable for
any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the Site.
WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON THE 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,
OR NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR SUPPLIERS
BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Some
states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other
legal rights which vary from state to state. SnapMarker®,
Inc. also assumes no responsibility, and shall not be liable
for any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to,
use of, or browsing in the Site or your downloading of any
materials, including, but not limited to, data, text, images,
video, or audio from the Site.
Nature
of Communication. Any communication or material you transmit
to the Site by electronic mail or otherwise, including but
not limited to any data, questions, comments, suggestions,
and the like, will be treated as non-confidential and non-proprietary.
Anything you transmit may be used by SnapMark, Inc. or
its affiliates for any purpose, including but not limited
to reproduction, disclosure, transmission, publication, broadcast,
and posting without liability or compensation. Furthermore,
SnapMark, Inc. is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to the
Site for any purpose whatsoever, including but not limited
to developing, manufacturing, and marketing products using
such information without liability or compensation, unless
a written agreement reserving rights to you is signed between
you and us prior to the disclosure.
Intellectual
Property Rights. The trademarks, logos, and service marks
(collectively the "Trademarks") displayed on the
Site, are registered and unregistered Trademarks of SnapMarker®,
Inc. and others. The devices and products depicted, discussed,
and offered on the Site are all patent pending. Nothing contained
on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark
or patent pending devise or product displayed on the Site
without the prior written permission of SnapMark, Inc. or
the third party owner of such Trademark or patent pending.
Your misuse of the Trademark, patents pending devices, or
any content on the Site, except as provided in these Terms
and Conditions, is strictly prohibited. You are also advised
that SnapMark, Inc. will aggressively enforce its intellectual
property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
Proprietary
Product; Non-Competition. As a matter of contract, in
fundamental consideration for the opportunity to view the
information presented in the Site, and the opportunity to
evaluate the information therein, you agree that you will
not use in competition with SnapMark, Inc., or for direct
or indirect gain for yourself or another, in any way, manner,
shape or form whatsoever: any business information; product
concepts; alternative designs of the products depicted; business
concepts; labeling methods; label forms; product information;
concepts and methods of labeling; trade names; patents; patent
design-arounds; designs or ideas that are derived from the
product concept; materials, documents, information, systems,
processes and techniques relating to the products; devices
functioning for the same general purpose or performing the
same general function as the products depicted on this Site;
or anything derived or adapted the products and devices depicted
in this Site. All products and devices displayed on this Site
are US Patent and protected by common law. SnapMark, Inc.
will aggressively enforce its patent, trademark, and intellectual
property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
Off-Site
Links. SnapMark, Inc. has not reviewed any websites
which may from time to time link to the Site and is not responsible
for the contents of any off-site pages or any other websites
linked to the Site. Your linking to any other off-site pages
or other websites is at your own risk, and subject to the
"At Your Risk" paragraph of this Website Legal Statement.
Revisions.
SnapMark, Inc. may at any time revise these Terms
and Conditions by updating this posting. You are bound by
any such revisions and should therefore periodically re-visit
this page to review the then current Terms and Conditions
to which you are bound. They may be different on subsequent
visits to this Site.
Modifications.
No person, employee, agent, sales representative, distributor,
or retail merchant has the authority to verbally or in writing
modify, waive or alter these Terms and Conditions. No change
or modification of these Terms and Conditions shall be valid
unless the same herein posted on this website, or is set forth
in a seperate written document signed by an officer of SnapMarker®,
Inc. listed as an officer with the Florida
Department of State. No other person has the actual authority
to modify Terms and Conditions, and all apparent authority
to do so is hereby publicly disavowed.
Your
Responsibility. You assume all responsibility for use
of the Site. You waive all claims against SnapMark, Inc.,
its officers, directors, employees, suppliers and software
programmers that may arise from the utilization of the Site.
Accuracy
of Information. While all reasonable attempts are made
to ensure the accuracy of the information found in the Site,
neither SnapMark, Inc., nor its information contributors
can be held responsible by you for the accuracy of the information.
SnapMark, Inc. makes no express or implied warranty as
to the accuracy or merchantability of content or programming.
Software
Interference. You agree that you will not undertake any
action that imposes an unreasonable or disproportionately
large load on our Site infrastructure, or harms our website
in any way and indemnify us (including attorney's fees) against
same.
Indemnity.
You agree to indemnify and hold us, our licensors, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless
from any claim or demand at law or in equity, including without
limitation, any and all actual and consequential damages,
lost profits, bodily injury, death, property damage, including
reasonable attorneys’ fees, made by any third party due
to or arising out of your use of this Site or breach of these
Terms and Conditions.
Legal
Notices. Any legal notices shall be given by postal mail
to our address stated above or to our email address with a
subject line marked "Legal." Notice shall be deemed
given 24 hours after email is sent and received, unless you
are notified that the email address is invalid or the email
unsuccessfully sent. Alternatively, we may give you notice
by pre-paid certified mail, return receipt requested, to the
address provided to us, or to your email address. In such
case, notice shall be deemed given 3 days after the date of
mailing, or 24 hours after email is sent, unless we are notified
that the email address is invalid or the email unsuccessfully
sent.
Governing
Law and Venue: This Site is established in the State of
Florida in the United States of America. All claims, causes
or action at law or equity arising out of this Site or the
products and information contained herein, and all questions
concerning the meaning, intention, interpretation, performance
or en-forcement or validity of the terms of this Site or these
Terms and Conditions, shall be judged and resolved in accordance
with the laws of the State of Florida in the United States
of America and venue for all such matters shall be in the
State of Florida.
Language
of Construction. This Site is written in American English,
and American English shall be the language employed to construe
this Site and these Terms and Conditions and resolve any conflict
or unclarity herein.
Headings.
The headings above the various provi-sions herein are
to make it easier to locate the subject matter covered by
various provisions, and are not to be used in ascertaining
or construing the intent of the Terms and Conditions or the
substantive content of a paragraph.
Invalid,
Unenforceable, or Illegal Provisions. Should any provision
of these Terms and Conditions be, become, or be declared invalid,
unenforceable, or illegal, the remaining provisions shall
be and continue in full force and effect, and the invalid,
unenforceable or illegal provision shall be construed to the
maximum extent possible to effectuate its intent and the intent
of the rest of the Terms and Conditions. In the event a provision
is invalid, illegal, or unenforceable, under law at any given
time, it shall not be permanently stricken but rather shall
be suspended, and in the event that a later change in the
law makes that provision valid, legal or enforceable, then
that provision automatically come back into full force and
effect contemporaneously with said change in the law.
Attorneys
Fees and Costs. In connection with any dispute arising
out of this Site or these Terms and Conditions, SnapMarker®,
Inc. is entitled to recover its attorney's fees, expert witness
fees, discovery costs, investigative fees and costs, travel
expenses, and court costs in trial court, in appellate courts,
in bankruptcy courts, and in any arbitration to which SnapMarker®,
Inc. might agree. SnapMark, Inc. is entitled to actual attorney's
fees and costs for the perfection, establishment, enforcement
and collection of any judgment, decree, or order rendered
in favor of SnapMark, Inc. both throughout Florida, the United
States of America, and in any foreign state, nation, or any
political subdivision thereof or therein. You waive all rights
to claim attorney's fees against SnapMarker®,
Inc., including those arising out of statute, Rule of Court,
common law or rule of civil procedure in any state or nation.
Entire
Agreement. These Terms and Conditions consti-tute the
entire agreement between you and SnapMark, Inc., and all
prior and contemporaneous oral and written statements, promises,
agreements, and understandings are incorporated herein, and
no such agreements or representations are binding unless set
forth herein.
Corporate
Entity; Release. You acknowledge and agree that you are
dealing with a corporate entity, SnapMark, Inc. in this Site,
and that the persons who represent that corporation act on
behalf of the corporation in their corporate capacities and
not in their personal capacity. This provision is fundamental
to your use of this Site and SnapMark, Inc.’s products
and services, and to the Terms and Conditions. Therefore,
in consideration for entering this Site, or utilizing the
products and services presented in the Site, you release and
discharge the corporation’s officer, directors, shareholders,
employees, suppliers, and software programmers of and from
any and all rights, claims, damages, demands, actions, causes
of action, or suits in equity, of wha-tever kind or nature,
and whether accruing now or in the future, and whether known
or unknown to the parties, arising out of or relating to your
use of this Site, or the products and services presented in
or obtained through this Site or offered by SnapMarker®,
Inc.. Without limitation, this release as to individual liability
extends to the following grounds: failure to clearly indicate
a corpo-rate capacity; failure to observe corporate formalities;
transfer of corporate assets for personal use; corporate capitalization;
non-filing of an Annual Return or Uniform Business Report
with the Florida Secretary of the State; depletion of corporate
assets for personal benefit; treating the corporation and
an officer of director interchangeably or as an alter ego;
tort; indemnification.
Limited
Goods Warranty. Warranty does not extend beyond the original
end user. Company warrants that the parts are free from defects
in material and workmanship under normal use and service for
a period of one year from the date of delivery to the original
end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must
furnish proof of date of purchase or installation. Company
will provide a replacement part, or may opt to reimburse the
purchase price if that is infeasible. Company’s sole
liability with respect to any defect shall be for the replacement
of the defective part(s). No one is authorized to make any
other warranties on behalf of Company, or modify this warranty.
Company will not be liable for any pipe, valve, or line repair
or replacement as a result or removing or replacing any Goods;
going to an end-user’s location to teach them how to
use the product; repairing damaged or failure caused by acts
of God, abuse, faulty installation or removal, abnormal usage,
use or application for which the product is not intended.
The foregoing shall constitute Company’s sole warranty
and sole liability, and is in lieu of any other warranties
whether written, oral, implied, or statutory. Some states
and provinces do not allow the limitation of exclusion or
limitation or incidental or consequential damages and some
states do not allow limitations on how long an implied warranty
lasts, so the limitations or exclusions may not apply. This
warranty gives its beneficiaries specific legal rights, and
beneficiaries may have other rights which vary from state
to state and province and province. COMPANY WILL NOT BE
LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT
OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY,
REVENUES, LIFE OR LIMB, PERSONAL INJURY, OR THE COST OF REMOVAL,
INSTALLATION, OR REINSTALLATION, AND BUYER’S REMEDIES
SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING
UNITS OR PARTS.
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