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Please
contact us
if you have questions about our Web site terms and conditions.
Use of Site
You may use
the Service, the Site, and the information, writings, images
and/or other works that you see, hear or otherwise experience on
the Site (singly or collectively, the “Content”) solely for your
non-commercial, personal purposes and/or to learn about our products and services. No right, title or interest in any
Content is transferred to you, whether as a result of
downloading such Content or otherwise. We reserve complete
title and full intellectual property rights in all Content.
Except as expressly authorized by this Agreement, you may not
use, alter, copy, distribute, transmit, or derive another work
from any Content obtained from the Site or the Service, except
as expressly permitted by the Terms of Use.
Copyright
The Site and the Content are protected by U.S. and/or foreign
copyright laws, and belong to EclipseSpa or its partners,
affiliates, contributors or third parties. The copyrights in the
Content are owned by EclipseSpa or other copyright owners who have
authorized their use on the Site. You may download and reprint
Content for non-commercial, non-public, personal use only.
You may not manipulate or alter in any way images or other Content
on the Site.
Trademarks
You are prohibited from using any of the marks or logos appearing
throughout the Site without permission from the trademark owner,
except as permitted by applicable law.
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are
provided solely as a convenience to you. If you use these links,
you will leave the Site. Such links do not constitute or imply an
endorsement, sponsorship, or recommendation by EclipseSpa of the
third party, the third-party web site, or the information
contained therein. We are not responsible for the availability of
any such web sites. We are not responsible or liable for any such
web site or the content thereon. If you use the links to the web
sites of our affiliates or service providers, you will leave the
Site, and will be subject to the terms of use and privacy policy
applicable to those web sites.
Linking
to this Site
Unless
specifically authorized by EclipseSpa, you may not connect “deep
links” to the Site, i.e, create links to this site that bypass the
home page or other parts of the Site. You may not mirror or frame
the home page or any other pages of this Site on any other web
site or web page.
Downloading Files
EclipseSpa cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of
infection by software viruses or other harmful computer code,
files or programs.
Tax
Rate
EclipseSpa charges
tax for any orders that originate in California. Tax is
charged at the rate of 8.25%.
Disclaimer of Warranties
ECLIPSESPA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE
OR THE CONTENT. ECLIPSESPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO
THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE
FURNISHED OR TO BE FURNISHED VIA THE SITE. ECLIPSESPA DOES NOT
WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ECLIPSESPA
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR
THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE
SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS.
Limitation of Liability
IN NO EVENT WILL ECLIPSESPA BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES
ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE
SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR
FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR
THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE
SITE, THE SERVICE, OR THE CONTENT, EVEN IF ECLIPSESPA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
ECLIPSESPA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO
THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,
EXCEED $100.00.
Indemnification
You understand and agree that you are personally responsible for
your behavior on the Site. You agree to indemnify, defend and hold
harmless EclipseSpa, its parent companies, subsidiaries,
affiliated companies, joint venturers, business partners,
licensors, employees, agents, and any third-party information
providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect
damages), and reasonable attorneys’ fees, resulting from or
arising out of your use, misuse, or inability to use the Site, the
Service, or the Content, or any violation by you of this
Agreement.
Privacy
For more information on this topic, please review our
Privacy Policy.
User Conduct
You agree to use the Site only for lawful purposes. You agree not
to take any action that might compromise the security of the Site,
render the Site inaccessible to others or otherwise cause damage
to the Site or the Content. You agree not to add to, subtract
from, or otherwise modify the Content, or to attempt to access any
Content that is not intended for you. You agree not to use the
Site in any manner that might interfere with the rights of third
parties.
Entire
Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver by EclipseSpa
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or
inaccuracies and may not be complete or current. EclipseSpa
therefore reserves the right to correct any errors, inaccuracies
or omissions and to change or update the Content at any time
without prior notice. EclipseSpa does not, however, guarantee that
any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum
If any part of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, it will not
impact any other provision of this Agreement, all of which will
remain in full force and effect. Any and all disputes relating to
this Agreement, EclipseSpa’s
Privacy Policy, your use of the
Site, any other EclipseSpa web site, the Service, or the Content
are governed by, and will be interpreted in accordance with, the
laws of the State of California, without regard to any conflict of
laws provisions.
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