Grafx Solutions

12028 E. Scott Road
Medina, NY 14103 USA
Ph: +1.585.298.7113
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Terms of Use


(Last Updated October 17th, 2004)

IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE GRAFX SOLUTIONS WEB SITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. GRAFX SOLUTIONS(THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.

  1. Scope. These Terms and Conditions govern Your use of the Web site. These Terms and Conditions, however, do not apply to the Company’s products or services, which are the subject of separate agreements.

  2. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for Your informational use in evaluating the Company and its products and services. You may not use the Web site for any other purpose without the Company’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity ("Person") to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a user’s screen with a portion of another Web site, or with content or advertising of any Person without the Company’s consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or affiliated with the Company, or has the right to display, publish, transmit or distribute the Web site or content accessible within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without the Company’s prior written consent. You agree to cooperate with the Company in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates our Acceptable Use Policy.

  3. Proprietary Information. You acknowledge and agree that as between the Company and You, the Company is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the "Content"), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of the Company, other than limited printed copies of materials that you may need for Your own use and that contains all of the Company’s copyright and other notices.

  4. Disclaimer. You will have access to a variety of third-party sources of content through the use of the Web site and the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other Web site that you can link to from the Web site. Accordingly, the Company has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. You also understand and agree that the Company does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems, or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.

  5. Privacy Policy. The Company collects, stores and uses data collected from You in accordance with the Company’s Privacy Policy.

  6. Limitation on Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.