ATTENTION: PLEASE READ THESE TERMS ("TERMS") CAREFULLY
BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU
ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THIS WEB SITE.
Use of Site: Modelithics, Inc. ("Modelithics")
authorizes you to view and download the materials at this Web site
("Site") only for your personal, non-commercial use, provided
that you retain all copyright and other proprietary notices contained
in the original materials on any copies of the materials. You may
not modify the materials at this Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for
any public or commercial purpose. For purposes of these Terms, any
use of these materials on any other Web site or networked computer
environment for any purpose is prohibited. The materials at this
Site are copyrighted and any unauthorized use of any materials at
this Site may violate copyright, trademark, and other laws. If you
breach any of these Terms, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed
materials.
Use of Software: If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
Restrictions on Use of Content: THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by Modelithics that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. Modelithics does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another Web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Modelithics's prior express written consent.
Trademarks and Service Marks: There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Modelithics is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Modelithics or any third party's intellectual property rights.
User Submissions: Although Modelithics provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit to Modelithics through the Site, Modelithics does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than Financial Information and Personally Identifiable Information, which are discussed below, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Modelithics will have no obligations with respect to the Communications. Modelithics and its designees will be free to copy, diSLCose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Personally Identifiable Information and Financial Information: If you transmit or post personally identifiable information and/or financial information (name, address, e-mail address, phone number, social security, credit card number, etc.) to this Site, Modelithics will handle, process and safeguard it in accordance with Modelithics privacy practices. In particular, Modelithics may store your personally identifiable information and/or financial information in hard copy format and electronic media, and in Modelithics databases. MODELITHICS WILL NOT SELL, RENT OR LEASE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO OTHERS. Modelithics will only share personal identifiable information with other Modelithics entities or business partners (such as agents, resellers and subcontractors) who are acting on Modelithics behalf to support your customer relationship with Modelithics, unless otherwise agreed by you or required by law. Such Modelithics entities and business partners have agreed to be bound by Modelithics privacy policies with respect to the use of this information. For further information, please consult the Modelithics Online Privacy Statement.
User Chat Rooms: Modelithics may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Modelithics, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Modelithics retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links to Other Web sites: Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Modelithics has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Modelithics does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
DiSLCaimer: MODELITHICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Modelithics further does not warrant the accuracy and completeness of the materials at this Site. Modelithics may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Modelithics makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your Modelithics business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability: IN NO EVENT WILL MODELITHICS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS 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 THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicable Laws: This Site is administered by Modelithics from its offices in Tampa, Florida. Modelithics makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.
Termination: You agree that Modelithics, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Modelithics believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
General: Modelithics may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.
Guidelines
for Linking to Modelithics Web site: Anyone linking to Modelithics
Web site must comply with the provided herein guidelines and all
applicable laws. A site that links to Modelithics Web site:
May link to, but not replicate, Modelithics content.
Should not create a browser or border environment around
Modelithics content.
Should not imply that Modelithics is endorsing it or its
products.
Should not misrepresent its relationship with Modelithics.
Should not present false information about Modelithics products
or services.
Should not use the Modelithics logo without permission from
Modelithics.
Should not contain content that could be construed as distasteful,
offensive or controversial, and should contain only content that
is appropriate for all age groups.
Violations: Please report any violations of these Terms of Use to Modelithics, Inc. to agreement@modelithics.com.
REVISED: JANUARY, 2004