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The following Terms of Use contain
the complete terms and conditions that apply to an individual's or entity's use
of McGraw and Associates, LLC’s site. As used in this Agreement,
"We," "Us" or "Our" refers to McGraw
and Associates, LLC and "You" or "Your" refers to the user.
"Site" means any McGraw and Associates, LLC site posted on the
World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your
acceptance of these terms and conditions and Your waiver of any and all claims
against McGraw and Associates, LLC, its parents, subsidiaries,
affiliates, contractors, agents, officers, directors or employees arising out
of Your use of Our Site or any materials, information, opinions or
recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the
terms and conditions in these Terms of Use, at any time and in Our sole
discretion, by posting a change notice or a new user agreement on Our Site.
IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE.
YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW
TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content
included on Our Site, such as text, graphics, logos, button icons, images,
audio clips and software, is Our property or that of Our content suppliers and
is protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content on Our Site is Our
property protected by U.S. and international copyright laws. All software used
on Our Site is Our property or that of Our software suppliers and is protected
by U.S. and international copyright laws. You may electronically copy and print
in hard copy portions of Our Site for the limited purpose of placing an order
with Us or using it as a resource. Any other use – including reproduction for
purposes other than those noted above, modification, distribution,
transmission, republication, display or performance – of the content on a Site
without Our prior written permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software,
or failure to comply with the above restrictions, may result in severe civil
and criminal penalties. Unauthorized duplication of the software constitutes
copyright infringement and, in the United States, is punishable in a federal
criminal action by a fine of up to U.S.$250,000 and imprisonment for up to five
(5) years. In addition, federal civil penalties allow the recovery of actual
damages based on the number of copies produced plus the profits of the
infringer, or statutory damages of up to U.S.$100,000 for willful copyright
infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION,
CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY
IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE
USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR – FREE, AND WE WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY
FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF
OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider
unsolicited material, product suggestions, or original, or creative ideas
(collectively, "Materials") submitted through Our Site. If despite
this policy you submit any such Materials, We will deem it Our property. We
will not treat the Materials as confidential, and We will not be liable for any
use or disclosure of such Materials. Without limitation, We will own the
exclusive rights to the Materials and will be entitled to unrestricted use of
the Materials for any purpose, commercial or otherwise, without compensation to
the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR
DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT
PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless McGraw
and Associates, LLC its parents, subsidiaries, affiliates, contractors, agents,
officers, directors, and employees against all claims, losses, damages,
liabilities, costs and expenses (including reasonable attorneys' fees and costs)
made due to or arising out of a violation of these Terms of Use or Your use of
this Site, including, without limitation, any claim arising out of unauthorized
links to Our Site.
8. MISCELLANEOUS
8.1 Nonwaiver.
If We fail to insist upon or enforce strict performance of any
provision or right under the terms and conditions of these Terms of Use, it
will not be construed as a waiver of any provision or right; rather, the same
will be and remain in full force and effect.
8.2 Choice of Law.
These Terms of Use
will be interpreted, construed, and enforced in all respects in accordance with
the laws of the State of Louisiana to the exclusion of any other law which may
be imputed in accordance with choice of law rules applicable in any
jurisdiction. The 1980 U.N. Convention on Contracts for the International Sale
of Goods or any successor thereto does not apply to these Terms of Use. For any
suit or claim pertaining to these Terms of Use or any information furnished
hereunder, You irrevocably consent to the jurisdiction and venue of any state
or federal court sitting in St. Charles Parish, Louisiana, USA, and You will
not commence an action or proceeding relating to the subject matter of these
Terms of Use in any other jurisdiction.
8.3 English Language Governs
It is the express
wish of the parties that these Terms of Use be drawn up in English. Esto es el
deseo expreso de los partidos que estos Términos del Uso ser preparado en
inglés. C'est la volonté explicite des parties que ces termes d'usage soient
rédiger en anglais.
8.4 Independent Contractor
These Terms of Use
will not be interpreted or construed to create or evidence a partnership, joint
venture or franchise relationship among the parties or as imposing any
partnership or franchiser obligation or liability on either party.
8.5
Compliance With Laws.
You will comply at
Your own expense with all statutes, regulations, rules, ordinances and orders
of any governmental body, department or agency that apply to or result from
Your use of Our Site.
8.6.
Severability.
If any provision of these Terms of Use will be unlawful, void or for any
reason unenforceable, then that provision will be deemed severable from and
will not affect the validity and enforceability of any remaining provisions.
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