You acknowledge that the Information is confidential and proprietary to Modelithics and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Information to any third party, without Modelithics’ prior written consent, or permit any third party to examine and/or make copies of any of the Information; (ii) not to use or copy the Information: (x) for any purpose except the Purpose, (y) for your own use or benefit or the benefit of others; or (z) to compete with Modelithics or otherwise use the Information in any way directly or indirectly detrimental to Modelithics; (iii) to hold the Information in strict confidence and to take all reasonable precautions to protect the Information. You acknowledge and agree that the Information is proprietary to and is the sole and exclusive property of Modelithics and that you have no right, title or interest therein. You acknowledge and agree that the Information is a trade secret and is not readily accessible to competitors of Modelithics and that such Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Information: (i) provides Modelithics with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Modelithics has taken and is taking all reasonable precautions to protect the secrecy of the Information and Modelithics’ legitimate interest in the Information; (iii) would be difficult for competitors of Modelithics or others to duplicate; and (iv) may be used by Modelithics in any manner it determines in order to aid in the marketing, sales and distribution of its products.
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.
If you download data from this Site ("Data"), use of the Data is subject to following terms. Such data is proprietary to Modelithics or its partners and can be used only for “The Purpose” and cannot be transferred to others outside of your own organization without permission from Modelithics.
Any trademarks, logos, slogans, product designations and service marks (collectively “Marks”) displayed on this Site are the property of Modelithics or other third parties. You are not permitted to use these Marks without the prior written consent of Modelithics or such third party which may own the Mark. This Site may contain information and disclosures of parts, methods or other technology which may be the subject of intellectual property protection owned by Modelithics. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any intellectual property. Any unauthorized access or attempted access to any password protected information on this Site or any attempt to circumvent access restrictions or any other security measures is expressly prohibited.
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, disclose, 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. WILL NOT SELL, RENT OR LEASE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO OTHERS. Modelithics will only share personal identifiable information with Modelithics business partners and affiliates ,including agents, resellers and subcontractors, ("third parties") in order to better serve our customers, unless otherwise agreed by you or required by law. 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.
Disclaimer: 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.
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:
REVISED: JANUARY 2015