Terms of Use
Welcome to the BUDELAK ("BUDELAK") Web site (the "Web site").
Please review the following terms and conditions concerning your use of the Web
site. By accessing, using or downloading any materials from the Web site, you
agree to follow and be bound by these terms and conditions (the "Terms").
BUDELAK reserves the right to change the Terms at any time and in its sole discretion.
In case of any violation of the Terms, BUDELAK reserves the right to seek all
remedies available to it in law and in equity. In order to access and use any
BUDELAK product, you must agree to the terms of The BUDELAK Software License
and Services Agreement.
Ownership
You acknowledge that all materials provided on this Web site, including but
not limited to information, documents, products, logos, graphics, sounds,
images, software, and services ("Materials"), are provided either
by BUDELAK or by their respective third party authors, developers and vendors
("Third Party Providers") and the underlying intellectual property
rights are owned by BUDELAK and/or its Third Party Providers. Elements of
the Web site are protected by trade dress and other laws and may not be copied
or imitated in whole or in part. BUDELAK, the BUDELAK logo and other BUDELAK
products referenced herein are trademarks of BUDELAK, and may be registered
in certain jurisdictions. All other product names, company names, marks,
logos, and symbols may be the trademarks of their respective owners.
Limited License; Restrictions
Subject to the terms and conditions of this Agreement, BUDELAK hereby grants
you permission to display, cache, and download BUDELAK's Materials on this
Web site provided that: (1) you display the relevant ownership notices provided
with the Materials; (2) Except as provided in a separately executed BUDELAK
Software License and Services Agreement between you and BUDELAK, the use
of such Materials is solely for your personal, non-commercial and informational
use and will not be used for commercial gain; and (3) the Materials are not
modified in any way. This permission terminates automatically without notice
if you breach any of these terms or conditions.
Except as stated herein, none of the Materials may
be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by
any means, including but not limited to electronic,
mechanical, photocopying, recording, or other means,
without the prior express written permission of BUDELAK
or the Third Party Provider. Also, you may not "mirror" any
Materials contained on this Web site on any other server
without BUDELAK's prior express written permission.
Except where expressly provided otherwise by BUDELAK,
nothing on this Web site shall be construed to confer
any license under any of BUDELAK's or any Third Party
Provider's intellectual property rights, whether by
estoppel, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses.
Materials provided by Third Party Providers have not
been independently reviewed, tested, certified, or
authenticated in whole or in part by BUDELAK. BUDELAK
does not provide, sell, license, or lease any of the
Materials other than those specifically identified
as being provided by BUDELAK.
Any unauthorized use of any Materials contained on
this Web site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications
regulations and statutes.
Termination of Services/Web
Site
BUDELAK may modify or discontinue its Web site or the Materials provided here
at any time, with or without notice to you. BUDELAK will not be liable to
you or any third party as a result of such modification or discontinuation.
BUDELAK reserves the right, in its sole discretion and at any time, to terminate
your access to the Web site and/or any of its services without liability
to you or any third-party. In addition, access to the Web site may be monitored
by BUDELAK. Upon termination of these Terms, you will immediately destroy
any downloaded or printed Materials.
Links to Third Party Sites
This Web site may contain links to Web sites controlled by parties other than
BUDELAK. BUDELAK is not responsible for and does not endorse or accept any
responsibility for the contents or use of these third party Web sites. BUDELAK
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by BUDELAK of the linked Web site.
You should refer to the policies posted by other Web sites regarding privacy
and other topics before you use them. It is your responsibility to take precautions
to ensure that whatever you select for your use is free of viruses or other
items of a destructive nature.
Submissions
Except where expressly provided otherwise by BUDELAK, all comments, feedback,
information or materials submitted to BUDELAK through or in association with
this Web site ("Submissions") shall be considered non-confidential
and BUDELAK's property. By providing such Submissions to BUDELAK, you agree
to assign to BUDELAK, at no charge, all worldwide rights, title and interest
in copyrights and other intellectual property rights to the Submissions.
BUDELAK shall be free to use and/or disseminate such Submissions on an unrestricted
basis for any purpose. You acknowledge that you are responsible for the Submissions
that you provide, and that you, not BUDELAK, have full responsibility for
the Submissions, including their legality, reliability, appropriateness,
originality and copyright.
Disclaimer
THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL,
AND ARE FOR COMMERCIAL USE ONLY, AND BUDELAK HEREBY DISCLAIMS ALL EXPRESS OR
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BUDELAK MAKES
NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEB SITE OR ANY OTHER WEB SITE REFERENCED BY THIS WEB SITE.
Limitation of Liability
IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
YOUR USE OF THE WEB SITE. BUDELAK SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED
AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR
DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE WEB SITE. IN NO
EVENT SHALL BUDELAK BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THIS WEB SITE, EVEN IF BUDELAK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE
AND YOU WILL NOT MAKE A CLAIM AGAINST BUDELAK FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF
THE MATERIALS. YOU AGREE TO HOLD BUDELAK HARMLESS FROM, AND YOU COVENANT
NOT TO SUE BUDELAK FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE
WEB SITE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION
TO YOUR USE OF THIS WEB SITE.
Indemnification
In exchange for accepting the benefits you receive by accessing this Web site,
you agree to defend, indemnify, and hold harmless BUDELAK, its officers,
directors, employees, agents, and partners, from and against any claims,
actions, or demands, including without limitation reasonable legal and accounting
fees, made by any third party due to or resulting from your use of the Web
site, your violation of these Terms, or your violation of any laws, regulations,
or third-party rights.
BUDELAK Privacy Policy
BUDELAK is concerned about your privacy and has developed a policy to address
those concerns. You can find the current privacy policy by clicking on 'Privacy
Statement' at the bottom of each page of the Web site or by visiting http://www.budelak.com/privacy.htm.
General
These Terms will be governed by and construed in accordance with the laws of
the State of California, excluding that body of law governing conflict of
laws. Any legal action or proceeding relating to or arising out of these
Terms or your use of the Web site will be brought in a federal or state court,
and you submit to the venue and personal jurisdiction of such court. If any
provision of these Terms is held to be invalid or unenforceable, such provision
will be enforced to the greatest extent possible and the remaining provisions
will remain in full force and effect. Headings are for reference purposes
only and in no way define, limit, construe, or describe the scope or extent
of such section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
Except for other agreements or terms appearing on the Web site, these Terms
set forth the entire understanding and agreement between us with respect
to the subject matter hereof.
Additional Information
Any questions relating to this Web site may be directed to info@budelak.com.
Questions about the BUDELAK Web site Terms of Use may be directed to legal@budelak.com.
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