Web Site Terms of Use
Welcome to the Holiday Technologies ("Holiday
Technologies") website ("Site"). Please read the following
terms and conditions regarding the use of the Site before
entering or using the Site. By accessing, downloading or
using any information, documents, software and products
("Materials") from the Site, you agree to be bound by the
terms and conditions ("Terms of Use") that follow. If you
do not intend to be bound by such Terms of Use, please do
not visit or use the Site.
Use of Site
Holiday Technologies authorizes you to view and
download the Materials at this Site only for your
personal, non-commercial use, provided that you retain all
copyright and other proprietary notices contained in the
original Materials on any copies of the Materials. You may
not modify the Materials at this Site in any way or
reproduce or publicly display, perform, or distribute or
otherwise use them for any public or commercial purpose.
Any use of these Materials on any other website or
networked computer environment for any purpose is
prohibited. The Materials at this Site are copyrighted and
any unauthorized use of any Materials at this Site may
violate copyright, trademark, and other laws. If you
breach any of these Terms, your authorization to use this
Site automatically terminates and you must immediately
destroy any downloaded or printed Materials.
Use of Software
Any software that is made available to download from
this Site is the copyrighted work of Holiday Technologies
and/or its suppliers. Use of the software is governed by
the terms of the end user license agreement, if any, which
accompanies or is included with the software ("License
Agreement"). You may not download or install any Software
that is accompanied by or includes a License Agreement
unless you have read and accepted the terms of the License
Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE
IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE
LICENSE AGREEMENT.
Disclaimers
Holiday Technologies assumes no responsibility for
accuracy, correctness, or content of the Materials
provided on this Site. You should not assume that the
Materials on this Site are continuously updated or
otherwise contain current information. Holiday
Technologies reserves the right to change the Materials at
any time without notice. Mention of non-Holiday
Technologies products or services is for information
purposes only and constitutes neither an endorsement nor a
recommendation.
ALL INFORMATION
PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND Holiday
Technologies ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF
THE CONTENT AND ASSUMES NO RESPONSIBILITY TO YOU OR ANY
THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE
CONTENT. Holiday Technologies DISCLAIMS ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT
AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, WITHOUT
LIMITATIONS, WARRANTIES AND/OR CONDITIONS OF
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT
SHALL Holiday Technologies OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO
DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE
OR ANY Holiday Technologies PRODUCTS OR SERVICES, DAMAGES
RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR
MATERIALS PRESENTED ON THIS SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF
Holiday Technologies OR ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Trademarks
The trademarks, logos and service marks ("Trademarks")
displayed on this Site are the property of Holiday
Technologies or other third parties. You are not permitted
to use these Trademarks in any manner, publicly or
privately without the prior written consent of Holiday
Technologies or such third party which owns or may own the
Trademarks. Trademarks of Holiday Technologies include but
are not limited to "Holiday Technologies," "Holiday
Technology," and the Holiday Technologies logo. The
absence of a product or service name or logo from this
list does not constitute a waiver of the Trademark or
other intellectual property rights of Holiday Technologies
or other third parties concerning that Trademark.
User Submissions
Holiday Technologies does not want to receive
confidential or proprietary information from you through
this Site. Any material, information or other
communication ("Communications") you transmit or post to
this Site will be considered non-confidential and
non-proprietary. Holiday Technologies will have no
obligations with respect to the Communications. Holiday
Technologies and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the
Communications and all data, images, sounds, text, and
other things embodied therein for any and all commercial
or non-commercial purposes. Personally identifiable
information that you submit to Holiday Technologies for
the purpose of receiving products or services will be
handled in accordance with the Holiday Technologies Online
Privacy Statement. You are prohibited from posting or
transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, pornographic,
or other material that would violate any law.
Links to Other Sites
This Site may contain links to websites maintained by
third parties. These third party sites are not under the
control of Holiday Technologies and does not monitor or
review the content of such sites. Access to such websites
is at your own risk and Holiday Technologies is not
responsible for the accuracy or reliability of
information, data, opinions, advice or statements made on
such sites. Holiday Technologies provides these links
merely as a convenience and the inclusion of such links
does not imply in any way an endorsement.
Indemnity
You agree to defend, indemnify and hold Holiday
Technologies , its affiliates, subsidiaries, directors,
officers, shareholders, managers, members, employees and
representatives harmless from any and all liabilities,
costs and expenses, including reasonable attorneys' fees,
related to any violation of this Notice by you or users of
your account, or in connection with the use of this Site
or the placement or transmission of any information or
other materials on this Site by you or users of your
account.
Applicable Laws
This Site is originated from and maintained in the
State of Kansas, United States of America and Holiday
Technologies makes no representations regarding the
legality of access to or use of the Site or the content
from other countries. Any export or use of content by you
must be in compliance with all U.S. export laws and
regulations in effect at the time of such export or use.
Access in countries where the content is illegal is
strictly prohibited. If you access the Site from outside
of the U.S. you do so at your own risk and are responsible
for compliance with applicable U.S. export and local
country laws.
General
These terms and conditions, including, without
limitations, the Holiday
Technologies Online Privacy Statement, and other
documents referenced herein, constitute the entire
agreement between Holiday Technologies and you with
respect to your use of this Site. Holiday Technologies
failure to insist upon or enforce strict performance of
any provision of this Notice does not constitute a waiver
of any provision or right. If any of the terms and
conditions is determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions
hereof. This Notice shall be governed by and construed in
accordance with the laws of the State of Kansas and the
laws of U.S. applicable therein. |