Terms of Use
We have designed this website, www.engedi.net (hereinafter
referred to as "Site"), to be useful, informative, helpful,
honest and fun. Hopefully we have accomplished that and ask
that you let us know if you would like to see improvements or
changes.
We ask that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by
using our Site you automatically agree to them. Naturally, if
you don't agree, please do not use the Site and exit it by
clicking here.
We reserve the right to make any modifications that we deem
necessary at any time. Please check these terms regularly to
see what those modifications may be. Your continued use of the
Site means that you accept those modifications.
Links to Other Site. We sometimes
provide referrals to and links to other web sites from our
Site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered
at sites you can access through our Site. If in doubt, always
check the Uniform Resource Locator (URL) address provided in
your browser to see if you are still in our Site or have moved
to another site. This Site is not responsible for the content
or practices of third party sites that may be linked to our
Site. When our Site provides links or references to other
websites, no inference or assumption should be made and no
representation should be inferred that our Site is connected
with, operates or controls those websites. Any approved link
must not represent in any way, either explicitly or by
implication, that you have received the endorsement,
sponsorship or support of this Site or endorsement, sponsorship
or support our Site employees, agents or directors.
Restrictions on Use of Our Online
Materials. All online materials on the
Site, including, without limitation, text, software, names,
logos, trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned
and controlled by the Site or their owners. You, the visitor,
may download online materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the
materials, 3) you do not use the materials in a manner that
suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for reuse
for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute online
materials in any way or for any other purpose unless you get
our written permission from this Site first. Neither may you
add, delete, distort or misrepresent any content on this Site.
Attempts to modify any online material, or to defeat or
circumvent our security features is prohibited. Everything you
download, any software, plus all files, all images incorporated
in or generated by the software, and all data accompanying it,
is considered licensed to you by the Site or third-party
licensors for your personal, non-commercial home use only. We
do not transfer title of the software to you. That means that
we retain full and complete title to the software and to all of
the associated intellectual property rights. You're not allowed
to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that
people can use.
Submitting Your Online Material to
Us. All remarks, suggestions, ideas,
graphics, comments, or other information that you send to our
Site - other than information we promise to protect under our
privacy policy - becomes and remains our property, even if this
agreement is later terminated. That means that we don’t have to
treat any such submission as confidential. You cannot sue us
for using ideas you submit. If we use them, or anything like
them, we don't have to pay you or anyone else for them. We will
have the exclusive ownership of all present and future rights
to submissions of any kind. We can use them for any purpose we
deem appropriate to the Site mission, without compensating you
or anyone else for them. You acknowledge that you are
responsible for any submission you make. This means that you
(and not we) have full responsibility for the message,
including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability. The Site
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR
RESULT FROM YOUR USE OF THE "SITE". THESE INCLUDE (BUT ARE NOT
LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE "SITE"
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR "SITE"
- FAILURE OF OUR "SITE" TO PERFORM IN THE MANNER YOU EXPECTED
OR DESIRED
- ERROR ON OUR "SITE"
- OMISSION ON OUR "SITE"
- INTERRUPTION OF AVAILABILITY OF OUR "SITE"
- DEFECT ON OUR "SITE"
- DELAY IN OPERATION OR TRANSMISSION OF OUR "SITE"
- COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT
ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN
THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT,
OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL
CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL
NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS
OUR SITE.
INDEMNIFICATION. You agree to
defend, indemnify, and hold harmless the Site, its advertisers,
licensors, subsidiaries and other affiliated companies, and
their employees, contractors, officers, agents and directors
from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use of this site, or any
services, information or products from this Site, or any
violation of this Agreement. Site reserves the right; at it own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which
event you shall cooperate with Licensor in asserting any
available defenses.
Termination of This Agreement.
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all
materials obtained from the Site, along with all related
documentation and all copies and installations. The Site may
terminate this agreement at any time and without notice to you,
if, in its sole judgment, you breach any term or condition of
this agreement. Upon termination, you must destroy all
materials. In addition, by providing material on our Site, we
do not in any way promise that the materials will remain
available to you. The Site is entitled to terminate all or any
part of any of its website without notice to you.
Jurisdiction and Other
Considerations. If you use our Site from
locations outside of the United States, you are responsible for
compliance with any applicable local laws. These Terms of Use
shall be governed by, construed and enforced in accordance with
the laws of the State of Virginia, as it is applied to
agreements entered into and to be performed entirely within
such jurisdiction. To the extent you have in any manner
violated or threatened to violate the Site and/or its
affiliates' intellectual property rights, the Site and/or its
affiliates may seek injunctive or other appropriate relief in
any state or federal court in the State of Virginia, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as
follows: If a dispute arises under this
agreement, we agree to first try to resolve it with the help of
a mutually agreed-upon mediator in the following location:
Virginia. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of
us. If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the
dispute to binding arbitration at the following location:
Virginia, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do
so. We (the Site) may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this
posting and without notice to you. This is the entire agreement
for your use of this Site.
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