TERMS OF USE

This web site, including any subsite
accessible through the homepage, (collectively, the "Site") is published and
maintained by Davis Business Machines, Inc., Allentown, Pennsylvania ("DBM").
Please note that when you enter any subsite accessible through the the portal's
homepage, such subsite may have its own terms and conditions of use that are
specific to such subsite. When you access, browse or use this Site you accept,
without limitation or qualification, the terms and conditions ("Terms and
Conditions") set forth below and any additional terms and conditions set forth
in any subsite. DBM reserves the right to modify, change, alter or otherwise
edit these Terms and Conditions at any time by updating this posting, and such
changes will become immediately effective upon such posting. Your continued use
of the Site will bind you to such revisions and you should therefore
periodically visit this page to review the then current Terms and Conditions. If
you do not agree to these Terms and Conditions, please contact us before using
this site.
USE OF THE SITE:
This Site is intended only for individuals
located in--or if accessed from abroad, citizens of--the United States of
America and is for your personal use only. You may not distribute, exchange,
modify, sell, or transmit anything you copy from this Site, including but not
limited to any text, images, audio or video, for any business, commercial or
public purpose. As long as you comply with these Terms and Conditions, DBM
grants you a non-exclusive, non-transferable, limited right to enter, display
and use the Site. You agree not to interrupt or attempt to interrupt the
operation of this Site in any manner whatsoever.
OWNERSHIP:
Copyright:
All materials on the Site, including but not limited to images, software, audio,
text and video clips (the "Content"), are protected by copyright under U.S.
copyright law, international conventions and other copyright laws. All Content
is owned or licensed by DBM. You cannot use the Content, except as specified
herein. Any unauthorized use of the Content may violate, without limitation,
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes. You may view and download the Content
for your own personal, non-commercial use, provided that you retain all
copyright and other proprietary notices contained in the Content or on any
copies of the Content. You may not change the Content in any way or reproduce,
publicly display, distribute or otherwise use the Content for any public or
commercial purpose. Any use of the Content on any other web site or networked computer environment for any purpose is
prohibited.
Trademarks:
DBM trademarks, logos, and service marks and those trademarks, logos, and
service marks licensed to DBM by third parties, including but not limited to
Canon USA, Inc., (collectively, the "Trademarks") displayed on the Site,
including but not limited to the Davis Logo and the Davis Dalmatian, are
registered and unregistered marks of DBM and/or the relevant third-party as the
case may be. Nothing contained on this Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Site without the written permission of DBM or such third party
that may own other trademarks displayed on the Site.
LINKS:
This Site may contain links to other Internet
sites on the World Wide Web. DBM provides such links for your convenience only
and is not responsible for the content of any site linked to or from this Site.
Links from this Site to any other site do not mean that DBM approves, or
endorses or recommends that site. DBM disclaims all warranties, express or
implied, as to the accuracy, legality, reliability or validity of any content on
any other site. Viewing of all other sites is entirely at your own risk.
AVAILABILITY OF SERVICES:
Site information regarding DBM's products and
services, including their availability, appearance, price, and specifications
are subject to change without notice. Such information will not constitute a
representation, warranty, or other commitment by DBM with respect to any product
or service, and DBM hereby disclaims all warranties, express or implied, as to
the accuracy, suitability for any purpose, or completeness thereof.
DISCLAIMER:
YOUR USE AND BROWSING OF THE SITE IS AT YOUR
RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR
ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, DBM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY
CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT
MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY
INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY
WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO DBM’S NEGLIGENCE, WILL DBM, OR ANY OTHER PARTY INVOLVED IN CREATING,
HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR
ACCESS TO, OR USE OF, THE SITE, EVEN IF DBM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. DBM ALSO ASSUMES NO
RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY
INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION
OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
IN NO EVENT SHALL DBM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THE SITE.
INDEMNIFICATION:
You agree to indemnify, defend and hold DBM
and all of its agents, shareholders, managers, directors, employees, information
providers, licensors and licensees, and officers (collectively "Indemnified
Parties") harmless from and against any and all liability and costs (including,
without limitation attorneys' fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these
Terms and Conditions of the foregoing representations, warranties and covenants.
You will cooperate as fully as reasonably required on DBM’s defense of any such
claim. DBM reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you
and you will not in any event settle any matter without the written consent of
DBM.
APPLICABLE LAWS:
This Site is administered by DBM from its
offices in Allentown, Pennsylvania, United States of America. These Terms and
Conditions are governed and interpreted under the laws of the Commonwealth of
Pennsylvania, United States of America, without giving any effect to principles
of conflicts of law.
GENERAL PROVISIONS:
These Terms and Conditions and those found in
the Davis Business Machines, Inc. Online Privacy Policy, set forth the entire
understanding and agreement between you and DBM with respect to the Site. You
acknowledge that any other agreements between you and DBM with respect to the
Site are superseded and of no force or effect. If any provision of these Terms
and Conditions shall be unlawful, void or for any reason unenforceable, then
that provision will be deemed severable from these Terms and Conditions and
shall not affect the validity and enforceability of any remaining provisions.
[Revised March 24, 2007]
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