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Alan Cole appreciates your interest and your visit to this web site. Your access to and use of the site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this site, you accept, without limitation or qualification, the following Terms and Conditions and acknowledge that any other agreements between you and Alan Cole are of no force or effect.


Terms and Conditions

Alan Cole presents the information on this web site as a service to its customers and other internet users. Alan Cole makes no warranty or guarantee concerning the accuracy or reliability of the content of this site or other sites to which this site links. Any unauthorized downloading or distribution of any copyrighted material from this site or from sites to which this site links, without the copyright owner's permission, is strictly prohibited. Alan Cole offers the content of this website (the "Website") to you, conditioned upon your acceptance without your modification of the terms and conditions ("Terms") set forth herein. Alan Cole reserves the right to change or modify the Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions to the Terms shall be effective immediately upon our posting on the Website or a direct link from the Website. You can review the most current version of the Terms at any time by clicking on "Terms of Use" at the bottom of the homepage. Your use of this Website constitutes your agreement to the Terms.

Alan Cole makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which the site links. All information concerning products are based on current information at the time of programming. Alan Cole reserves the right to make changes at any time, without notice, in the information contained on this internet site, including without limitation, discontinuing or making any changes. Without limiting the foregoing, THIS WEB SITE AND THE INFORMATION, SOFTWARE AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Alan Cole DOES NOT WARRANT THAT THE WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. Alan Cole shall have the right at any time to change or discontinue any aspect or feature of the Website Content without notice, including, but not limited to, content, features, hours of availability, data format, and equipment needed for access or use. You agree that Alan Cole shall not be liable to you or to any third party for any such changes.

UNDER NO CIRCUMSTANCES SHALL ALAN COLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS EXCLUSION ON CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Alan Cole's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the direct incremental amount, if any, you paid specifically to access this site.

Nothing in this web site is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any third party patents.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ALAN COLE HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.

All information contained at this Web site is intended for the USA only. This Web site is controlled, maintained, and serviced by Alan Cole with the State of Ohio, United States of America. This Web site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio, by accessing this web site both you and Alan Cole agree that the statutes and laws of the State of Ohio, without regard to conflicts of laws principles, will apply to all matters relating to the use of this Web site. Alan Cole makes no representation that the information and materials in this Web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in this Web site in violation of U.S. export laws and regulations.

TRADEMARKS

Third party trademarks referenced herein are trademarks or registered trademarks of their respective owners.

LINKS

The Website contains links to other websites over which Alan Cole has no control. Alan Cole does not endorse and is not responsible or liable for any content on, availability of, or services provided by such websites.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALAN COLE EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ALAN COLE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (IV) ANY ERRORS WILL BE CORRECTED.

ANY WEBSITE CONTENT YOU DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT ALAN COLE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH DOWNLOADS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALAN COLE AND/OR HIS SUPPLIER AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALAN COLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE, INABILITY TO USE OR DELAY IN USE OF THE WEBSITE OR WEBSITE CONTENT UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL TERMS

This Agreement constitutes the entire agreement between you and Alan Cole regarding use of the Website Content, and supersedes all previous written or oral agreements with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

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