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By
accessing or using this Site, you expressly agree to be bound by the
provisions of Dolphin & Eagle Consulting, Inc.’s (hereinafter
“Company”) Terms and Conditions of Use (“Terms”). If you do not
agree to the Terms of this Agreement, please discontinue use of this
Site and exit the Site immediately.
Changes to Site and Services.
Company reserves the absolute right to modify the Terms of this
Agreement as well as the right to change or discontinue access,
operation and content, and any other aspect or feature, of this Site
or products and services offered by Company. Your continued use of
the Site following the posting of changes to these Terms is your
acknowledgement that you accept the provisions and changes as made.
Privacy.
By
using this Site, you acknowledge having read and hereby agree to all
terms and conditions of Company’s Privacy Policy, which is hereby
incorporated herein as though set forth in full.
Confidential Information.
Company discourages you from sending or posting to the Site
materials or information that you consider to be confidential or
proprietary. Please note that if you do send such information,
Company will assume that it is not confidential. By sending or
posting such information or material, you grant Company an
unrestricted license to use, reproduce, and distribute those
materials or information, and you agree that Company may use any
ideas, concepts, know-how or techniques that you send or post for
any purpose.
Links.
This
Site may contain links to other web sites ("Linked Sites"). The
Linked Sites are provided for your convenience and information only
and, as such, you access them at your own risk. The content of any
Linked Sites is not under our control, and we are not responsible
for, and do not endorse, such content, whether or not we
are
affiliated with such Linked Sites.
Accordingly, Company does not make any representations concerning
the privacy practices or terms of use of such sites, nor does
Company control or guarantee the accuracy, integrity, or quality of
the information and materials available on such sites.
You
may not establish a hyperlink to this Site or provide any links that
state or imply any sponsorship or endorsement of your web site by
Company, or its affiliates or Providers.
Use.
The
materials on this website are provided for informational purposes
only. You are authorized to view and print these materials subject
to the terms and conditions set forth herein. The materials may not
be used for any unlawful purpose or in violation of this Agreement.
Neither this Site nor any portion thereof may be reproduced,
duplicated, copied, sold, or otherwise exploited for any commercial
purpose without the express written consent of Company. You may not
frame or use framing techniques to enclose any portion of this Site
without express written permission. You may not use meta tags or
any other hidden text using Company’s name or trademarks without the
express written consent of Company. Any unauthorized use terminates
the license to use granted herein.
Disclaimer of Warranties.
Company, its employees, agents, partners or affiliate companies make
no representation as to the suitability of the information contained
on this Site for any purpose. No warranty is made that this Site and
its operation will be error free, uninterrupted, reliable, or
accurate. Reliance on any material presented on this Site is at your
own risk. Company shall not be liable for the content of this Site,
any information contained there in, any delay, failure,
interruption, or corruption of any data transmitted in connection
with the use of this Site.
WITHOUT LIMITING THE FOREGOING, THIS SITE AND ITS CONTENTS IS
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION
CONTAINED WITHIN THE SITE. ALL IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY
DISCLAIMED. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE CONTENT,
SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED
FROM USING THE SITE OR COMPANY’S PRODUCTS OR SERVICES.
Limitation of Liability.
In
no event shall Company be liable to any person or business entity
for any special, direct, indirect, punitive, incidental or
consequential damages arising out of or in connection with the use
of this website or any other web site to which this Site is linked
or links, including, without limitation, any lost profits, business
interruption, or loss of programs or information even if Company has
been specifically advised of the possibility of such damages whether
based on contract, tort, strict liability or otherwise. Company
shall be liable to you only for gross negligence or willful
misconduct and only to the extent of actual damages incurred by you,
not to exceed any amount paid by you expressly to Company for use of
this Site.
Termination.
Company may modify or discontinue this Site, with or without notice.
Termination of use of this Site shall not affect any right or relief
to which Company is entitled, at law or in equity. Company may
immediately terminate your use of this Site if Company reasonably
believes that there has been a violation or that you have acted
inconsistently with the letter or spirit of these Terms, or violated
the rights of Company or any third party, or for any reason with or
without further notice. Company will not be liable to you or any
third party resulting from such modification or discontinuation. The
provisions entitled “Disclaimer of Warranties,” “Limitation of
Liability,” “Choice of Law,” and “General Provisions” shall survive
the termination of this Agreement.
Attorney's Fees.
If
Company institutes action to enforce any of the provisions of these
Terms, Company shall be entitled to recover in addition to all sums
to which it is entitled or any other relief, at law or in equity,
reasonable and necessary attorneys' fees and any costs of any
litigation.
Third Party Rights.
This
Site may include materials that have been provided by a third party
under a license ("Providers"). These Terms are for the benefit of
Company, its Providers, and web site hosting service providers, and
its and their officers, directors, employees, affiliates, agents,
licensors, and suppliers. Each of these individuals or entities
shall have the right to assert and enforce these Terms directly
against you on its or their own behalf.
Choice of Law.
These Terms shall be governed by the laws of the State of South
Carolina, USA. Any claims or cause of action may only be brought in
the state or federal courts located in Charleston County, South
Carolina.
General Provisions.
If
any provision of these Terms is found to be invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms,
which shall remain in full force and effect. No waiver of these
Terms shall be deemed a further or continuing waiver of such term or
condition or any other term or condition. Unless otherwise specified
herein or agreed by the parties in writing, these Terms constitute
the entire agreement with respect to the Site and the subject matter
of these Terms and supersede all prior or contemporaneous
communications and proposals whether oral, written or electronic
with respect to the Site and the subject matter of these Terms.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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