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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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