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Brivea, L.L.C.
Website Terms and Conditions
By accessing or using the website of Brivea Consulting L.L.C. (“Brivea”)
located at www.brivea.com
(the “Site”), you agree to Brivea’s website terms
and conditions (the “Terms and Conditions”), as outlined
below. Please read the Terms and Conditions carefully before using
(including downloading any information from) the Site. Use of the
Site indicates that you accept these terms. If you do not agree
to these terms, do not use the Site.
Use of the Site: Brivea provides the materials on the Site as a
convenience to users and for informational purposes only. While
Brivea endeavors to keep these materials accurate and up-to-date,
Brivea does not warrant or represent, either expressly or by implication,
that the information contained or referenced herein is accurate
or complete and Brivea shall not be liable in any way for possible
errors or omissions in the contents hereof. In addition, Brivea
reserves the right to alter the content of the Site and the Terms
and Conditions in any way, at any time, for any reason, without
prior notification, and will not be liable in any way for possible
consequences of such changes. Brivea reserves the right to terminate
your access to the Site or any portion of the Site without notice
in the event that you violate these Terms and Conditions or for
any reason whatsoever. Brivea authorizes you to view and download
a single copy of the materials on the Site only for your personal,
non-commercial use. You must retain all copyright and other proprietary
notices contained in the original materials on any copy of those
materials. You may not modify the materials on the Site in any way
or reproduce or publicly display, perform, or distribute or otherwise
use them for any public or commercial purpose. Without the prior
permission of Brivea, you may not use these materials on any other
Web site or networked computer environment.
Intellectual Property: All materials contained in the Site, including
text, graphics, logos, icons, and images, are protected by law,
including but not limited to, United States copyright and trademark
laws, as well as other state, national and international laws and
regulations. Except as indicated, the entire content of the Site
is © 2003 Brivea, and any commercial use requires express written
permission from Brivea. Brivea also owns a copyright in the Site
as a collective work and/or compilation, and in the selection, coordination,
arrangement, organization and enhancement of such content. The trademark
Brivea and all other marks designating Brivea’s services are
proprietary trademarks of Brivea; use or misuse of these trademarks
is expressly prohibited and may violate federal and state trademark
laws. Please be advised that Brivea enforces its intellectual property
rights to the fullest extent of the law.
Submissions by Users: Brivea is pleased to hear from users of its
Site and welcomes your feedback and suggestions about how to improve
the Site. Brivea must, however, regretfully ask that you do not
send any copyrighted or proprietary information. If you send such
information, the information will be considered non-confidential
and non-proprietary and shall remain the property of Brivea. Brivea
will have no obligations with respect to your submissions and any
ideas, suggestions, or any other material received through the Site
will be deemed to include permission for Brivea to adopt, publish,
reproduce, disseminate, transmit, distribute, copy, use or act on
such communications without additional approval or consideration,
and you hereby waive any claim to the contrary. You must not post
or transmit to or from the Site any material which is threatening,
libelous, defamatory, obscene, pornographic, or otherwise violates
any law.
Links to Other Websites: The Site may contain links to websites
of third parties. These links are provided solely as a convenience
to you. Brivea does not control and is not responsible for any of
these third party sites or their content and, accordingly, Brivea
expressly disclaims any responsibility for the content, the accuracy
of the information and/or quality of products or services provided
by or advertised on these third party sites. Brivea does not endorse
these sites or the products or information that may be found there.
If you decide to access any of these third party sites, you do so
at your own risk. Brivea’s inclusion of links to any web sites
does not imply any endorsement of the material on such web sites
or any association with their operators.
Disclaimer: THE MATERIALS PROVIDED ON THE 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. The materials on the Site may not be accurate
or complete and may contain technical inaccuracies or typographical
errors. The materials on the Site may be out of date and Brivea
makes no commitment to update the Site. Brivea may make changes
to the Site at any time without notice. In addition, Brivea may
modify or discontinue any of the products and services referred
to in the Site, without notice. Brivea advises customers to obtain
the latest version of relevant information to verify, before placing
orders, that information being relied on is current and complete.
All products and services are sold subject to the terms and conditions
of sale supplied at the time of order acknowledgment, including
those pertaining to warranty, indemnity and limitation of liability.
Limitation of Liability: IN NO EVENT WILL BRIVEA, ITS SUPPLIERS,
OR OTHER THIRD PARTIES MENTIONED AT THE 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 THE SITE, ANY WEB
SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED
AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY RELIED
ON.
BRIVEA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT
FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Applicable Laws: The Site is controlled by Brivea from its offices
within the United States of America. Brivea makes no representation
that materials on the Site are appropriate or available for use
in other locations, and access to them from territories where their
content is illegal is prohibited. Those who choose to access the
Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. Those who
choose to access the Site from other locations do so on their own
volition and are responsible for compliance with applicable local
laws. In addition, software, information and data (if any) accessed
or downloaded from the Site may be subject to United States export
control laws.
The internal substantive laws of New Jersey shall govern any claim
relating to the Site and the materials contained on the Site. All
activity occurring in connection with the Site (including, but not
limited to, accessing pages, downloading materials or other activities
initiated by you) is presumed to occur in the State of New Jersey.
Furthermore, if you accept these Terms and Conditions, you consent
to the jurisdiction of the federal and state courts presiding in
the State of New Jersey and agree to accept service of process by
mail and hereby waive any and all jurisdictional and venue defenses
otherwise available.
If any part of these Terms and Conditions is declared invalid or
unenforceable under applicable law, then such provision will be
automatically adjusted to the minimum extent necessary to conform
to the requirements for validity as declared at such time and, as
so adjusted, will be incorporated as a part of these Terms and Conditions
as though originally included and the remaining parts will continue
to remain in effect. A printed version of these Terms and Conditions
and of any notice given in electronic form will be admissible in
any proceeding relating to these Terms and Conditions to the same
extent as if in writing and signed by each party.
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