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Acceptance
of Terms
Paris
Mountain Consulting, LLC ("Paris Mountain") makes available
on this Web site (the "Site") information, documents, software
and products (collectively, the "Materials") subject to the
terms and conditions set forth in this document (the "Terms
of Use"). By accessing or using this Site you agree to the
Terms of Use. Paris Mountain reserves the right to change
the Terms of Use from time to time at its sole discretion.
Your use of the Site will be subject to the most current version
of the Terms of Use posted on the Site at the time of such
use.
Copyright
and Limited License
The Software and Documentation on this Site are protected
by copyright and/or other intellectual property laws and any
unauthorized use of the Materials on this Site may violate
such laws. Except as expressly provided herein, Paris Mountain
does not grant any express or implied right to you under any
patents, copyrights, trademarks, or trade secret information
with respect to the Materials.
Use of
Software. The software and documentation that are made available
to download from this Site are the copyrighted work of Paris
Mountain. Use of the software is governed by the terms of
the end user license agreement that accompanies or is included
with such software. You may not decompile, reverse engineer
or otherwise attempt to discover the source code of the software
available on the Site.
Warranties
and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND PARIS MOUNTAIN, ALL MATERIALS AND SERVICES
ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PARIS MOUNTAIN MAKES NO WARRANTY
THAT (1) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (2) THE
MATERIALS WILL BE ERROR-FREE, (3) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS
OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE
OBTAINED FROM THE SITE WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
IN NO
EVENT SHALL PARIS MOUNTAIN BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER OR NOT PARIS MOUNTAIN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE DOWNLOADING OR
OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PARIS MOUNTAIN OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Indemnity
You agree to indemnify and hold Paris Mountain, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out your use of the Site, your connection to the
Site, your violation of the Terms of Use, or your violation
of any rights of another person or entity.
Governing
Law and Jurisdiction
This Site (excluding linked sites) is controlled by Paris
Mountain from its offices within the state of South Carolina,
United States of America. By accessing this Site, you and
Paris Mountain agree that all matters relating to your access
to, or use of, this Site shall be governed by the statutes
and laws of the State of South Carolina, without regard to
the conflicts of laws principles thereof. You and Paris Mountain
also agree and hereby submit to the exclusive personal jurisdiction
and venue of the Circuit Court of Greenville County and the
United States District Court for Greenville County with respect
to such matters. Paris Mountain makes no representation that
Materials or Services available on this Site are appropriate
or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance
with local laws.
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