Terms and Conditions of Use
Please read these terms and conditions before using
these OrderPoint, Inc. World Wide Web pages (the "OrderPoint, Inc. Web
Site").
By using the OrderPoint, Inc. Web Site you indicate your agreement to
the following terms and conditions.
If you do not accept these terms and conditions, please do not use the
OrderPoint, Inc. Web Site.
OrderPoint, Inc. reserves the right to make changes to its Web Site, and
its Web Site's terms and conditions at any time.
1. Copyright and Proprietary Rights
This Web Site is the property of OrderPoint, Inc. ("OrderPoint, Inc.")
and its licensors and is protected by United States and International
Copyright laws. All copyright, trademark, and other proprietary rights
in the OrderPoint, Inc. Web Site and in the software,text, graphics, design
elements, audio, music and all other materials originated or used by OrderPoint,
Inc. at its Web Site (the "OrderPoint, Inc. Information") are reserved
to OrderPoint, Inc. and its licensors.
You may not reproduce, upload, post, transmit,
download or distribute any part of the OrderPoint, Inc.
Information other than printing out or downloading portions of the text
and images for your own personal, non-commercial use.
You may not modify the OrderPoint, Inc. Web Site.
You shall observe copyright and other designated restrictions designated
on this Site.
You may not use the OrderPoint, Inc. Web Site that infringes the rights
of any person or entity.
Domain names and trademarks of other Web Sites,
or contained in information accessed at other Web Sites, are the sole
property
of their respective owners. No affiliation with, endorsement of, or sponsorship
by OrderPoint, Inc. should be inferred.
2. Responsibility for Content
OrderPoint, Inc. does not screen, edit or review
material submitted or used by users, content providers, or publishers.
OrderPoint, Inc. can therefore accept no responsibility or liability for
any material which may reside in the OrderPoint, Inc. Web Site.
OrderPoint, Inc. has no responsibility with respect to other Web Sites.
You may not link, upload, post or transmit any
illegal, obscene, offensive or otherwise inappropriate material to the
OrderPoint, Inc.
Web Site. You agree to indemnify OrderPoint, Inc. from any damage, loss,
cost or expense which may be incurred as a result of the material
you use,link, upload, post, or transmit to or from the OrderPoint, Inc.
Web Site. OrderPoint, Inc. has no duty to review or edit
materials submitted by users. OrderPoint, Inc. may remove any such materials
at any time for any reason.
3. Exclusions Of Warranties and Disclaimers of
Liability
NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT
TO THE ORDERPOINT, INC. WEB SITE, ORDERPOINT, INC., ORDERPOINT, INC. INFORMATION
OR OTHER WEB SITES. THE ORDERPOINT, INC. WEB SITE IS PROVIDED ON AN "AS
IS" BASIS. ORDERPOINT, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ORDERPOINT, INC.
WEB SITE, THE INFORMATION, MATERIALS, PRODUCTS OR CONTENT THAT IS INCLUDED
ON THE SITE. ORDERPOINT, INC. DOES NOT WARRANT THAT THE ORDERPOINT, INC.
WEB SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED
OR ERROR FREE. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ORDERPOINT, INC.
OR ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS OF ANY
KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE ORDERPOINT, INC. WEB
SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS
OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. UNDER
NO CIRCUMSTANCES SHALL ORDERPOINT, INC. OR ITS EMPLOYEES BE RESPONSIBLE
OR LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
MULTIPLE DAMAGES OF ANY KIND THAT RESULT FROM, BUT ARE NOT LIMITED TO,
ERRORS, DEFECTS, VIRUSES, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ORDERPOINT,
INC.'S OR ITS CONTRACTOR'S FILES, RECORDS, PROGRAMS OR SERVICES.
OrderPoint, Inc. is a reseller of product, and as such is
not responsible or liable for information concerning price,
availability or timeliness of delivery of product from the
publisher, distributor or manufacturer.
No oral or written advice or consideration given
by OrderPoint, Inc., or its representatives, providers or contractors,
or the like,
shall create a warranty.
4. Choice of Law and Jurisdiction
The OrderPoint, Inc. Web Site is operated in the
State of Minnesota, United States of America. This Agreement shall be
governed by and construed in accordance with the laws of the State of
Minnesota.
The user consents unconditionally to submit to
the exclusive jurisdiction of the courts of the State of Minnesota and
the
United States of America, located in Hennepin County, Minnesota, USA,
for any litigation arising from or relating to the use
of the OrderPoint, Inc. Web Site, and waives any objection to the laying
of venue of any litigation in Minnesota courts.
5. Limitation of Claims
The user must bring any action on any claim against
OrderPoint, Inc. within one (1) year following the date the claim first
accrued,
or shall be deemed waived.
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