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Terms of Use Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hilton Trading Corp. The collective work includes works that are licensed to Hilton Trading Corp. Copyright 2002, Digital Mind Design. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Hilton Trading Corp. or purchasing Accubanker, Hiltra or Detech products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Hilton Trading Corp. or to purchase Accubanker, Hiltra or Detech products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Hilton Trading Corp. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Hilton Trading Corp. used in the site (including but not limited to the Hilton Trading Corp. name, the "Accubanker" brand, the "Hiltra" brand, the "Detech" brand and all of their related logos and designs) are trademarks or registered trademarks of Hilton Trading Corp. Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hilton Trading Corp. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hilton Trading Corp. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hilton Trading Corp. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Hilton Trading Corp. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hilton Trading Corp. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Hilton trading Corp. product is mistakenly listed at an incorrect price, Hilton Trading Corp. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hilton Trading Corp. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hilton Trading Corp. shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hilton Trading Corp. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Hilton Trading Corp. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Hilton Trading Corp. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to Florida's chapter on "Sales". You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Hilton Trading Corp. products) shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hilton Trading Corp. products) must be commenced within one (1) year after the claim or cause of action arises. Hilton Trading Corp's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hilton Trading Corp. may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hilton Trading Corp. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Hilton Trading Corp. does not and cannot review all communications and materials posted to, or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Hilton Trading Corp. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hilton Trading Corp. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Hilton Trading Corp. at its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Hilton Trading Corp, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Hilton Trading Corp. may link to sites operated by third parties. However, even if the third party is affiliated with Hilton Trading Corp, Hilton Trading Corp. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hilton Trading Corp. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hilton Trading Corp. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Miscellaneous Provisions These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Each party hereby submits to the Exclusive jurisdiction of The State of Florida, USA for the purposes of resolving any dispute and /or enforcing any claim arising hereunder. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by AccuBANKER. © 2003 Hilton Trading Corp. |
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