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Welcome to
Indomart.us. This
site is provided as a service to our customers. Please review the following
basic rules that govern your use of our Site (the "Agreement"). Please
note that your use of our Site constitutes your unconditional agreement to
follow and be bound by these Terms and Conditions. Although you may
"bookmark" a particular portion of this Site and thereby bypass this
Agreement, your use of this Site still binds you to the terms. Indomart.us reserves the right to update or modify these Terms and Conditions at any time
without prior notice. Your use of the Indomart.us Web site
following any such change constitutes your unconditional agreement to follow and
be bound by the Terms and Conditions as changed. For this reason, we encourage
you to review these Terms and Conditions whenever you use this Web site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations,
designs, icons, photographs, programs, video clips and written and other
materials that are part of this Site (collectively, the "Contents")
are copyrights, trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by Indomart.us, one of its
affiliates or by third parties who have licensed their materials to Indomart.us and are protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all content on this site
is the exclusive property of Indomart.us and is also protected
by U.S. and international copyright laws.
© 2001 Indomart.us, Inc. All
Rights Reserved.
Indomart, Inc. and its
suppliers and licensors expressly reserve all intellectual property rights in
all text, programs, products, processes, technology, content and other materials
which appear on this Web site. Access to this Web site does not confer and shall
not be considered as conferring upon anyone any license under any of Indomart.us
or any third partys intellectual property rights.
Indomart,
Inc names and logos
and all related product and service names, design marks and slogans are the
trademarks or service marks of Indomart, Inc. All other
marks are the property of their respective companies. No trademark or service
mark license is granted in connection with the materials contained on this
website. Access to this website does not authorize anyone to use any name, logo
or mark in any manner.
References on this Web site to any names,
marks, products or services of third parties or hypertext links to third party
sites or information are provided solely as a convenience to you and do not in
any way constitute or imply Indomart.us, Inc.s, endorsement,
sponsorship or recommendation of the third party, information, product or
service. Indomart.us is not responsible for the content of any
third party sites and does not make any representations regarding the content or
accuracy of material on such sites. If you decide to link to any such third
party web sites, you do so entirely at your own risk.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial
use. You may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right, title or interest in
any downloaded materials or software is transferred to you as a result of any
such downloading or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way, in whole or in part,
any of the Contents, the Site or any related software. All software used on this
site is the property of Indomart.us or its suppliers and
protected by U.S. and international copyright laws. The content and software on
this site may be used only as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited. Indomart.us is a registered trademark of
Indomart, Inc. and Indomart.us.
SITE SECURITY.
Users are prohibited from
violating or attempting to violate the security of the Site, including, without
limitation, (a) accessing data not intended for such user or logging onto a
server or an account which the user is not authorized to access; (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing" or
"crashing;" (d) sending unsolicited email, including promotions and/or
advertising of products or services; or (e) forging any TCP/IP packet header or
any part of the header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal liability. The
Company will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users
who are involved in such violations. You agree not to use any device, software
or routine to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this site. You agree, further, not to
use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Site other than the search engine
and search agents available from Company on this Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
GENERAL.
This Agreement represents the
complete agreement between the parties and supersedes all prior agreements and
representations between them. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable and the other terms of this Agreement
shall remain in full force and effect. The failure of Company to act with
respect to a breach of this Agreement by you or others does not constitute a
waiver and shall not limit Companys rights with respect to such breach or any
subsequent breaches. This Agreement shall be governed by and construed under
California law as such law applies to agreements between California residents
entered into and to be performed within California. Any action or proceeding
arising out of or related to this Agreement or your use of this Site must be
brought in the state or federal courts of California.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER
SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to Indomart, Inc. on or
by this Site or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, the "Comments") shall be and
remain Indomart.us property. Such disclosure, submission or
offer of any Comments shall constitute an assignment to Indomart.us of all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Indomart, Inc. will own exclusively all such rights, titles and interests and
shall not be limited in any way in its use, commercial or otherwise, of any
Comments. Indomart, Inc. is and shall be under no
obligation (1) to maintain any Comments in confidence; (2) to pay to user any
compensation for any Comments; or (3) to respond to any user Comments. You agree
that no Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any
Comments you make. We welcome your comments regarding the Indomart.us Web site. However, any comments, feedback, notes, messages, ideas, suggestions
or other communications (collectively, "Comments") submitted by you
shall be and remain the exclusive property of Indomart.us. Your
submission of any such Comments shall constitute an assignment to Indomart, Inc. of all worldwide rights, titles and interests in all copyrights and
other intellectual property rights in the Comments. Indomart, Inc. will be entitled to use, reproduce, disclose, publish and
distribute any material you submit for any purpose whatsoever, without
restriction and without compensating you in any way. For this reason, we ask
that you not send us any comments that you do not wish to assign to us,
including any confidential information or any original creative materials such
as stories, product ideas, computer code or original artwork.
COLORS
We have made every effort to display as accurately as possible the colors of our
products that appear on the Site. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitors display of any
color will be accurate.
INDEMNIFICATION
You agree to defend, indemnify and hold Indomart, Inc.
harmless from and against any and all claims, damages, costs and expenses,
including attorneys fees, arising from or related to your use of the Site.
TERMINATION
These terms are effective unless and until terminated by either you or Indomart, Inc.. You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. Indomart.us also may
terminate this Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in Indomart sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either you or Indomart, Inc., you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials, whether made
under the terms of use or otherwise.
DISCLAIMER
THIS SITE IS PROVIDED BY Indomart, INC. ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Indomart,
INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Indomart, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, Indomart, INC.
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Indomart.us WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES
NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Indomart, INC. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR
SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE Indomart.us WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Indomart, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL Indomart, INC. BE LIABLE FOR
ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Copyright © 2001 Indomart.us
Please send us your comments to sales@Indomart.us
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