PLEASE
READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT CAREFULLY
BEFORE USING THIS Web Site. By using this web site ("Web Site"),
you signify your agreement to these Terms and Conditions of Use and Privacy
Statement ("Terms and Conditions"). If you do not agree to
all of these Terms and Conditions, do not use this site! Hembree & Associates
("Hembree & Associates") may revise and update these Terms
and Conditions at anytime. Your continued usage of the Web Site will
mean you accept those changes.
1. Use of Material or Technology on the Web Site
The information, artwork, text, video, audio, media files or pictures displayed
or contained on the Web Site (collectively, the "Materials") and the
software, technology and products, including the Hembree & Associates File
Format and any relevant documentation downloadable or accessible from the Web
Site (the "Technology") are protected by copyright, patent, trademark
and other laws under both United States and foreign laws.
Unless otherwise stated, you may only access, view and use the Materials or Technology
for personal or educational, non-commercial purposes. You may not use the Materials
or Technology for any other purpose or reproduce or modify the Materials or Technology
without Hembree & Associates's authorization. Except as authorized by Hembree & Associates,
you may not print, copy, download, reproduce, republish, post, transmit or distribute
any of the Materials or Technology. You may print only one copy of the Materials
for personal or educational, non-commercial purposes, and on the copy you must
include the following copyright notice: "Copyright © 1998-2001 Hembree & Associates
All rights reserved" and any other copyright notice originally included
with the Materials.
The Technology available on this Web Site may be licensed pursuant to separate
license agreements, which will be presented to you prior to download or access
of the Technology. All title and copyrights in and to the Technology, and any
copies thereof, are owned by Hembree & Associates and/or its suppliers. You
may only access or download and use the Technology if you have agreed to, and
comply with, the license agreement that is applicable to such Technology and
your use of the Technology. Any unauthorized reproduction or redistribution of
the Technology or Materials is expressly prohibited by law, and may result in
severe civil and criminal penalties. You may not reverse engineer, disassemble,
modify or de-compile any Technology or Materials. Violators will be prosecuted
to the maximum extent possible.
COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER Web Site
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED
WITHOUT THE PRIOR WRITTEN CONSENT OF Hembree & Associates.
You may not attempt to "pass-off" any of Hembree & Associates Materials
or Technology as your own work. Title to the Materials and Technology remains
with Hembree & Associates or its licensors. Any use of the Materials and
Technology not expressly permitted by these Terms and Conditions or a separate
agreement with Hembree & Associates is a breach of these Terms and Conditions
and may violate copyright, trademark, and other laws. All rights not expressly
granted herein are reserved to Hembree & Associates and its licensors. If
you violate any of these Terms and Conditions or the applicable license, your
permission to use the Materials and Technology automatically terminates and you
must immediately destroy any copies you have made of any portion of the Materials
or the Technology.
2. Sites Linked from the Web Site
Hembree & Associates does not control sites linked from the Web Site. Hembree & Associates
does not endorse or assume any responsibility or liability for any communications
or materials available at such linked sites, sites framed within the Web Site
or third party advertisements. Additionally, Hembree & Associates does not
make any representations regarding the content or accuracy of such web sites.
Hembree & Associates does not intend links on the Web Site to be referrals
or endorsements of the linked entities, and are provided for convenience only.
Your use of third-party Web Sites is at your own risk and subject to the terms
and conditions of use for such sites.
3. Disclaimer of Warranty and Limitation of Liability
(a) Hembree & Associates Defined
For purposes of this section, "Hembree & Associates" shall include
Hembree & Associates, Inc, and its divisions, subsidiaries, successors, parent
companies, and their employees, partners, principals, agents and representatives,
its licensors and suppliers, and any third-party providers or sources of information
or data.
(b) Disclaimer of Warranty
You expressly acknowledge and agree that your use of the Materials and any Technology
is at your own risk. Materials and Technology are provided "AS IS",
without warranties of any kind. Hembree & Associates, TO THE FULLEST EXTENT
ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. Hembree & Associates SHALL HAVE ABSOLUTELY NO LIABILITY
IN CONNECTION WITH THE MATERIALS OR TECHNOLOGY INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, DATA, BUSINESS
OR ANY OTHER MATTER RESULTING FROM THE MATERIALS OR THE TECHNOLOGY, OR THE LACK
OF INFORMATION IN ANY WAY RELATING TO SAME ON THE Web Site.
(c) Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL Hembree & Associates BE LIABLE
FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE ACCESS
TO, USE OF, OR RELIANCE ON, THE Web Site, THE MATERIALS OR THE TECHNOLOGY WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Hembree & Associates
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.
Indemnity
You agree to defend, indemnify and hold Hembree & Associates, its officers,
directors, employees, agents, licensors and suppliers, harmless from and against
any claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Terms and Conditions.
5. General
Hembree & Associates is based in Sarasota, Florida, in the United States
of America. Hembree & Associates makes no claims that the Materials or
Technology is appropriate or may be downloaded outside of the United States.
Access to the Materials or Technology may not be legal by certain persons or
in certain countries. If you access the Web Site from outside the United States,
you do so at your own risk and are responsible for compliance with the laws
of your jurisdiction.
6. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Hembree & Associates,
or in any way relating to your use of the Web Site, resides in the courts of
the State of Florida and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of Florida in connection
with any such dispute including any claim involving Hembree & Associates
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of
the State of Florida, without respect to its conflict of laws principles. If
any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions, which
shall remain in full force and effect. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
7. U.S. Government End Users
Any Technology which is downloaded or accessed from the Web Site for or on
behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided to the U.S. Government as "commercial
item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting
of "commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995) (or an equivalent provision, e.g., in supplements of various U.S.
government agencies, as applicable), and all U.S. Government End Users acquire
the Technology with only those rights set forth in the applicable license agreement.
8. Feedback
Any comments or materials sent to Hembree & Associates including feedback
data, such as questions, comments, suggestions, or the like regarding the Materials
or the Technology, the Web Site or any other products or programs of Hembree & Associates
(collectively "Feedback"), shall be deemed to be non-confidential.
Hembree & Associates shall have no obligation of any kind with respect
to such Feedback and shall be free to reproduce, use, disclose, exhibit, display,
transform, create derivative works and distribute the Feedback to others without
limitation. Further, Hembree & Associates shall be free to use any ideas,
concepts, know-how or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products incorporating such Feedback.
9. Privacy Statement
Hembree & Associates has created this privacy statement in order to disclose
to you the information gathering and dissemination practices for the Web Site.
The Technology or other products available on this Web Site may have their
own privacy disclosures which will be disclosed to you prior to install. Please
read all such disclosures before downloading or accessing the Technology on
the Web Site.
(a) BROWSING OUR WEB SITE
If you browse the Web Site, you do so anonymously. You do not need to provide,
and Hembree & Associates does not collect, personal information, such as
your e-mail address. When you visit the Web Site your browser supplies Hembree & Associates
with your IP address (the Internet address of your computer) but Hembree & Associates
does not link your IP address to any information that is personally identifiable.
Hembree & Associates uses your IP address to help diagnose problems with
Hembree & Associates's server, and to administer the Web Site.
(b) E-MAILS AND OTHER COMMUNICATIONS FROM US OR OUR PARTNERS
If you provide Hembree & Associates with your e-mail or postal address,
or have done so in the past, Hembree & Associates may send you updates
on the latest Hembree & Associates products and promotions. At any time,
you may tell Hembree & Associates to discontinue sending such information
by simply replying to the e-mail and informing Hembree & Associates of
your preferences.
(c) CHILDREN
Hembree & Associates does not solicit personally identifiable information
or other data from visitors under 18 years of age. No personally identifiable
information should be submitted to, or posted at, the Web Site by visitors
under 18 years of age without the consent of their parent or guardian.
(d) PUBLIC FORUMS
From time to time this site makes chat rooms, forums, message boards, and/or
news groups (an "Interactive Area") available to our Registered Developers
or other visitors. Our Interactive Areas are un-moderated and uncensored. Please
remember that any information that is disclosed in these areas becomes public
information and you should exercise caution when deciding to disclose your
personal or proprietary information. If you use an Interactive Area, you are
solely responsible for your own communications and the consequences of posting
those communications. Hembree & Associates does not assume any responsibility
for the consequences of any Interactive Area communications on or arising from
use of the Web Site.
(e) UPDATES
While other aspects of our privacy policy are subject to change at any time
and without notice, we will never give personally identifiable information
about you to third parties without your prior consent. Please check here for
updates. 10. Complete Agreement These Terms and Conditions constitute the entire
agreement between you and Hembree & Associates with respect to the use
of the Web Site. Any rights not expressly granted herein are reserved. Thank
you for your cooperation. Questions or comments regarding this Web Site should
be directed by electronic mail to webmaster@angelicom.com or via U.S. mail
to Hembree & Associates at P.O. Box 51014 Sarasota, Florida 34232. Copyright © Hembree & Associates
and/or its licensors, 1998-2001. All rights reserved. Hembree & Associates
and the Hembree & Associates logo are trademarks of Hembree & Associates
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