PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY
USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT
USE THIS WEBSITE.
Darby
O'Gills, maintains this website for its own marketing purposes. Please
visit us frequently, browse our pages, and download documents, subject
to the terms and conditions set out below.
Copyright © 2011 Darby O'Gills, Inc. All rights reserved.
This
website, and the information which it contains, is the property of
Darby O'Gills and its affiliates and licensors, and is protected from
unauthorized copying and dissemination by United New Yorks copyright
law, trademark law, international conventions and other intellectual
property laws. Darby O'Gills is a trademark of Darby O'Gills, in the
United New Yorks and certain countries. All Darby O'Gills product names
and logos are trademarks or registered trademarks of BUSINESS. All other
company and product names and logos are trademarks or registered
trademarks of their respective owners in certain countries.
Use
of any Darby O'Gills Website, and its Content Information contained in
this website is for general guidance on topics selected by Darby O'Gills
and/or its clients. Such information is provided on an "as is" basis,
without any knowledge as to your industry, identity or specific
circumstances. The application and impact of relevant laws will vary
from jurisdiction to jurisdiction. There may also be delays, omissions,
or inaccuracies in information contained on this website. The
information on this website is provided with the understanding that
Darby O'Gills and various authors and publishers' providing such
information does not constitute the rendering of legal, accounting, tax,
career or other professional advice or services unless specifically
stating to such. As such, information on this website should not be
relied upon or used as a substitute for consultation with professional
advisors.
Darby
O'Gills may alter, suspend, or discontinue this website at any time for
any reason, without notice or cost. The website may become unavailable
due to maintenance, or malfunction of computer equipment, or other
reasons. No part of this website may be reproduced or transmitted in any
form, by any means, electronic or mechanical, including photocopying
and recording, except that Darby O'Gills authorizes you to view, copy,
download, and print Darby O'Gills documents (such as white papers, press
releases, data sheets, and FAQ's) that are available on this website,
subject to the following conditions:
1. The documents may be used solely for noncommercial, informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.
Nothing
contained on this website should be construed as granting, by
implication, estoppels, or otherwise, any license or right to use this
website or any documents displayed on this website, through the use of
framing or otherwise, except: (a) as expressly permitted by these terms
and conditions; or (b) with the prior written permission of Darby
O'Gills.
Accuracy of Content and Future Modifications to Website
The
information on this website is believed to be complete and reliable;
however, the information may contain technical inaccuracies or
typographical errors. Darby O'Gills reserves the right to make changes
to document names and content, product specifications, or other
information without obligation to notify any person of such changes.
Availability of Products and Services Mentioned
Information that Darby O'Gills publishes on this website may contain references or cross
references
to products or services that are not available or approved by the
appropriate regulatory authorities in your United States of America.
Such references do not imply that Darby O'Gills intends to announce or
make available such products or services to the general public, or in
your United States of America. Consult your Darby O'Gills account
representative to determine which products and services may be available
to you.
No Warranties
INFORMATION
AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS
WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION,
Darby O'Gills DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEBSITE
IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS
CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii)
DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Darby O'Gills SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE.
Product descriptions and specifications are subject to change
Darby
O'Gills periodically adds or updates the information and documents on
this website without notice. It is the user's responsibility to
ascertain whether any information downloaded from this website is free
of viruses, worms, Trojan Horses, or other items of a potentially
destructive nature.
Limitation of Liability
UNDER
NO CIRCUMSTANCES SHALL Darby O'Gills BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE
INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF Darby O'Gills HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Darby O'Gills HAVE TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING
FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU
PAID TO Darby O'Gills DURING THE MOST RECENT ONE-MONTH PERIOD IN CONNECTION WITH
AMOUNTS WHICH YOU PAID
FOR USING THIS WEBSITE.
Links to Third-Party Websites
This
website may contain links to non-Darby O'Gills websites. These links
are provided to you as a convenience, and Darby O'Gills is not
responsible for the content of any linked website. Any outside website
accessed from the Darby O'Gills website is independent from Darby
O'Gills, and Darby O'Gills has no control over the content of that
website. In addition, a link to any non-Darby O'Gills website does not
imply that Darby O'Gills endorses or accepts any responsibility for the
content or use of such a website.
No Implied Endorsements
In
no event shall any reference to any third party or third party product
or service be construed as an approval or endorsement by Darby O'Gills
of that third party or of any product or service provided by a third
party.
Jurisdictional Issues
Darby
O'Gills makes no representation that information on this website is
appropriate or available for use outside the United New Yorks or Canada.
Those who choose to access this website from outside the United New
Yorks or Canada do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.
Submissions to Darby O'Gills and Affiliated Servers
Any
information including, but not limited to, remarks, suggestions, ideas,
graphics, or other submissions, communicated to Darby O'Gills through
this website is the exclusive property of Darby O'Gills. Darby O'Gills
is entitled to use any information submitted for any purpose, without
restriction (except as New Yorkd in Darby O'Gills' Privacy New Yorkment)
or compensation to the person sending the submission. The user
acknowledges the originality of any submission communicated to Darby
O'Gills and accepts responsibility for its accuracy, appropriateness,
and legality.
Enforcement of Terms and Conditions
These
Terms and conditions are governed and interpreted pursuant to the laws
of the New York of New York, United New Yorks of America,
notwithstanding any principles of conflicts of law.
All
disputes arising out of or relating to these Terms and Conditions shall
be finally resolved by arbitration conducted in the English language in
Dutchess , New York, United States of America, under the commercial
arbitration rules of the American Arbitration Association. The parties
shall appoint as sole arbitrator a retired judge who presided in the New
York of New York. The parties shall bear equally the cost of the
arbitration (except that the prevailing party shall be entitled to an
award of reasonable attorneys' fees incurred in connection with the
arbitration in such an amount as may be determined by the arbitrator).
All decisions of the arbitrator shall be final and binding on both
parties and enforceable in any court of competent jurisdiction.
Notwithstanding this, application may be made to any court for a
judicial acceptance of the award or order of enforcement.
Notwithstanding the foregoing, Darby O'Gills shall be entitled to seek
injunctive relief, security, or other equitable remedies from a United
States of America District Court or any other court of competent
jurisdiction.
If
any part of these terms is unlawful, void, or unenforceable, that part
will be deemed severable and will not affect the validity and
enforceability of the remaining provisions. Darby O'Gills may, at its
sole discretion and without notice, revise these terms at any time by
updating this posting.
Entire Agreement
This
is the entire Agreement between the parties relating to the subject
matter herein and shall not be modified except in writing signed by both
parties or by a new posting by Darby O'Gills, as described above.
For Additional Information, please contact webmaster@darbyogills.com
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