Daystar Products International, LLC: Web Site Agreement
The Daystar Products web site (the "Site") is an online information service provided by Daystar Products International, LLC ("Daystar"). Your access or use of this site is subject to the terms and conditions set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DAYSTAR MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Use of the Site Disclaimers & LIMITATION OF LIABILITY.
A. DISCLAIMERS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DAYSTAR PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE SITE (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REGARDING ANY MERCHANDISE ADVERTISED, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. DAYSTAR SHALL NOT BE LIABLE FOR ANY PRICING OR OTHER SITE ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ARISING OR RELATED TO THE SITE OR ITS CONTENTS.
Daystar has no control and therefore makes no representations regarding other web site you may access through this one or which may link to this Site. Further, a link to a Daystar's Site does not mean that Daystar endorses or accepts any responsibility for the content, or the use, of the linked site.
B. LIMITATION OF LIABILITY. IN NO EVENT WILL DAYSTAR BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR ANY ALLEGED DEFECT, MISREPRESENTAION OR INACCURACY OF INFORMATION, SERVICE OR TRANSACTIONS PROVIDED OR RELATED TO THE SITE, OR DOWNLOADS FROM THE SITE, OR ANY DELAYED ACCESS OR USE OF SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRNTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. Daystar Copyrights & Licenses
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are Daystar Products International, LLC ("Daystar") its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
3. Grant to Daystar of License and Rights Arising From User Submissions
In consideration of access and use of the Site you agree to grant to Daystar Products International, LLC ("Daystar") a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any areas of the Site (including public bulletin boards, forums and newsgroups) or by e-mail to Daystar by all means and in any media now known or hereafter developed. You also grant to Daystar the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You represent you are the sole owner with right to grant the above license of any information or materials submitted or agree to properly and clearly display the copyrighted owner or licensor of any information or materials submitted. You agree to waive any claim and to have no recourse against Daystar for any alleged or actual infringement or misappropriation of any proprietary right in your communications, materials or other information submitted to Daystar.
4. Indemnification. You agree to indemnify, defend and hold harmless Daystar Products International, LLC ("Daystar") its officers, directors, employees, agents, licensors, suppliers and any third party information or service providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
5. Third Party Rights. The provisions of paragraphs 1 through 4 are for the benefit of Daystar and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 through 5 and paragraph 7 shall survive any termination of this Agreement.
A. Governing Law/Jurisdiction/Mediation. This Agreement shall be governed and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree it is the intent of the parties that no aspect of Site use or any transactions related to or arising from the Site are intended to create a physical presence for Daystar outside Arizona, the state of its legal organization. For convenience of the parties you agree any legal action or proceeding between Daystar and you for any purpose concerning this Agreement, Site use or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in King County, Washington. Any cause of action or claim you may have with respect to the Site or any purchase or transaction arising from or related to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You agree that prior to filing any such suit you will provide Daystar with ninety (90) day prior written notice and agree, at Daystar's option, to participate in and complete mediation in King County, Washington before a designated independent mediator to be selected by Daystar.
B. No Obligation for Misprints. Daystar is not responsible or obligated with respect to any misprint on the Site (including price). Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by Daystar.
C. Non-Waiver/ Reservation of Rights. Daystar's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE. Copyright 2008 Daystar Products International, LLC. All rights reserved.