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WEB SITE TERMS-OF-USE AGREEMENT
U.S. FLAG ALERT WELCOMES YOU TO USFLAGALERT.COM. WE ASK THAT YOU
READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT
COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE
IN THROUGH THIS SITE ("AGREEMENT"). BY ACCESSING, VIEWING,
OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND,
AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This Web site is provided solely for the use of current and future
customers of U.S. FLAG ALERT to provide you with information about our company,
to permit you to place orders for our products and services, and
to enable you to contact us with any questions or comments that
you may have. Any other use of this site is prohibited. By way
of example, you should not use any features of this site that
permit communications or postings to post, transmit, display,
or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise
unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other
similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable
information of others; or
v. any materials subject to trademark, copyright, or other laws
protecting any materials or data of others in the absence of a
valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images,
designs, photographs, writings, graphs, data, and other materials
("Materials") are the property of U.S. FLAG ALERT and are protected
by copyrights, trademarks, trade secrets, or other proprietary
rights. Permission is granted to display, copy, distribute, download,
and print portions of this site solely for the purposes of using
this site for the authorized uses described above. You must retain
all copyright and other proprietary notices on all copies of the
Contents. You shall comply with all copyright laws worldwide in
your use of this Web site and prevent unauthorized copying of
the Contents. Except as provided in this Notice, U.S. FLAG ALERT does not
grant you any express or implied right in or under any patents,
trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole
risk. Neither U.S. FLAG ALERT, its affiliates, nor any of their officers,
directors, employees, agents, third-party content providers, or
licensors (collectively, "Providers"), or the like,
warrant that this site will be uninterrupted or error-free; nor
do they make any warranty as to the results that may be obtained
from the use of this site, or as to the accuracy, completeness,
reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or
outdated information. Further, U.S. FLAG ALERT does not warrant reliability
of any statement or other information displayed or distributed
through the site. U.S. FLAG ALERT reserves the right, in its sole discretion,
to correct any errors or omissions in any portion of the site.
U.S. FLAG ALERT may make any other changes to this site, the Materials and
the products, programs, services, or prices (if any) described
in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS
SITE ARE PROVIDED ON AN "AS IS," "WHERE IS,"
AND "WHERE AVAILABLE" BASIS. U.S. FLAG ALERT MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS
SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
U.S. FLAG ALERT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION
ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED,
SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY,
INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION,
QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE
EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT U.S. FLAG ALERT AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY
DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING
FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION
ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN
TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT
LIMITATION, A NEGLIGENT ACT, SHALL U.S. FLAG ALERT OR ANY OF ITS PROVIDERS
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION
OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS,
CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES,
OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR
USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE
IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER U.S. FLAG ALERT OR
ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless U.S. FLAG ALERT, its affiliates,
agents, employees, and licensors from and against any and all
claims and expenses, including reasonable attorney fees, arising
out of or related in any way to your use of the site, violation
of this Agreement, violation of any law or regulation, or violation
of any proprietary or privacy right.
PRIVACY POLICY
Click here to access U.S. FLAG ALERT's
Privacy Policy governing the use of information that U.S. FLAG
ALERT obtains from you through your use of this Web site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this
site must be commenced within one (1) year after the claim or
cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, U.S. FLAG ALERT may immediately discontinue,
suspend, terminate, or block your and any user's access to this
site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to
Web sites operated by other entities (collectively the "Linked
Sites"). If you use any Linked Sites, you will leave this
site. If you decide to visit any Linked Site, you do so at your
own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements.
Linked Sites, regardless of the linking form (e.g., hotlinks,
hypertext links, IMG links) are not maintained, controlled, or
otherwise governed by U.S. FLAG ALERT. The content, accuracy, opinions expressed,
and other links provided by Linked Sites are not investigated,
verified, monitored, or endorsed by U.S. FLAG ALERT. U.S. FLAG ALERT does not endorse,
make any representations regarding or warrant any information,
goods, and/or services appearing and/or offered on any Linked
Site, other than linked information authored by U.S. FLAG ALERT. Links do
not imply that U.S. FLAG ALERT or this site sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any trademark,
trade name, logo, or copyright symbol displayed in or accessible
through the links, or that any Linked Site is authorized to use
any trademark, trade name, logo or copyright symbol of U.S. FLAG ALERT or
any of its affiliates or subsidiaries. Except for links to information
authored by U.S. FLAG ALERT, U.S. FLAG ALERT is neither responsible for nor will it be
liable under any theory based upon (i) any Linked Site; (ii) any
information and/or content found on any Linked Site; or (iii)
any site(s) linked to or from any Linked Site. If you decide to
visit any Linked Sites and/or transact any business thereon, you
do so at your own risk. U.S. FLAG ALERT reserves the right to discontinue
any Linked Site at any time without prior notice. Please contact
the Web masters of any Linked Sites concerning any information,
goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance
with the laws of the State of Michigan, U.S.A., without reference
to its conflicts of laws provisions. U.S. FLAG ALERT makes no representation
that the materials are appropriate or available for use outside
the United States. If you access this site from outside the United
States, you will be responsible for compliance with all local
laws. You agree to comply with all laws and regulations applicable
to your use of this site. You agree to submit to the personal
and exclusive jurisdiction of the state or federal courts located
within [County] County, Michigan for any disputes with U.S. FLAG ALERT arising
out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between U.S. FLAG ALERT and
you with respect to this Web site, and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral, or written, between you and U.S. FLAG ALERT with respect to this Web
site. A printed version of this Agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any
provision of this Agreement or portion thereof to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of this Agreement, and the remainder
of this Agreement shall continue in full force and effect. No
waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach
or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound
by the revised Agreement. Any such modifications will become effective
upon the date they are first posted to this site. It is your responsibility
to return to this Agreement from time to time to review the most
current terms and conditions. U.S. FLAG ALERT does not and will not assume
any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement
you transmit through this Web site, including but not limited
to any consent you give to receive communications from U.S. FLAG ALERT solely
through electronic transmission. You agree that when in the future
you click on an "I agree," "I consent," or
other similarly worded "button" or entry field with
your mouse, keystroke, or other computer device, your agreement
or consent will be legally binding and enforceable and the legal
equivalent of your handwritten signature.
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