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Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.
  1. Use of site

    2. eMartSolutions authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

  2. Disclaimers

    3. THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. eMartSolutions' obligations with respect to its products and are governed solely by the agreements stated within the eMartCart Terms of Service specific to those services and nothing on this Site should be construed to alter such agreements. eMartSolutions further does not warrant the accuracy and completeness of the materials, software or services at this Site. eMartSolutions may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and eMartSolutions makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult eMartSolutions for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

  3. Limitation of liability

    4. IN NO EVENT WILL eMartSolutions, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT eMartSolutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  4. Use of software

    5. Any software that is accessible or made available to download from this Site is the copyrighted work of eMartSolutions and/or its suppliers. Use of the software and internet services are governed by the terms of the end user license agreement, if any, which accompanies or is included with the services ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

  5. User submissions

    6. eMartSolutions does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. eMartSolutions will have no obligations with respect to the Communications. eMartSolutions and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to eMartSolutions for the purpose of receiving products or services will be handled in accordance with eMartSolutions. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

  6. Chat rooms and other user forums

    7. EmartSolutions may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. eMartSolutions, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. eMartSolutions retains the right to remove messages that include any material eMartSolutions deems abusive, defamatory, obscene or otherwise unacceptable. By using or posting to any of our forums you agree to the Forum Terms of Use.

  7. Links to third-party Websites

    8. Links on this Site to third-party websites are provided solely as a convenience. If you use these links, you will leave the eMartSolutions Site. eMartSolutions has established partnerships with and promotes the products and services provided through third parties, but has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, eMartSolutions only endorses or makes any representations about them which reside on our Site. Any information, software or other products or materials found on the third-party site, or any results that may be obtained from using them are not endorsed. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

  8. Linking to this site

    9. You may create links to this Site from other sites, but only in accordance with the terms of the Guidelines for linking to eMartSolutions' Websites and in compliance with all applicable laws.
    A site that links to eMartSolutions' website:
    • May link to but not replicate eMartSolutions' content
    • Should not create a browser or border environment around eMartSolutions' content
    • Should not imply that eMartSolutions is endorsing it or its products
    • Should not misrepresent its relationship with eMartSolutions
    • Should not present false information about eMartSolutions products or services
    • Should not use the eMartSolutions or eMartCart logo without permission from eMartSolutions

  9. Trademarks

    10. eMartSolutions and eMartCart are US registered trademarks of eMartSolutions. Use of these terms fall under all trademark laws.

  10. General

    11. eMartSolutions administers this Site from its offices in Monument, CO. eMartSolutions makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of laws.

    eMartSolutions may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Rev. May 2004
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