PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
This Web site is provided by Paul Darden Company ("PDC")
and may be used for informational purposes only. By using
the site or downloading materials from the site, you agree
to abide by the terms and conditions set forth in this notice.
If you do not agree to abide by these terms and conditions
do not use the site or download materials from the site.
Limited License
PDC authorizes you to view and download the information ("Materials")
at this Web site ("Site") only for your personal,
non-commercial use. This authorization is not a transfer of
title in the Materials and copies of the Materials and is
subject to the following restrictions: 1) you must retain,
on all copies of the Materials downloaded, all copyright and
other proprietary notices contained in the Materials; 2) you
may not modify the Materials in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for
any public or commercial purpose; and 3) you must not transfer
the Materials to any other person unless you give them notice
of, and they agree to accept, the obligations arising under
these terms and conditions of use. You agree to abide by all
additional restrictions displayed on the Site as it may be
updated from time to time. This Site, including all Materials,
is copyrighted and protected by worldwide copyright laws and
treaty provisions. You agree to comply with all copyright
laws worldwide in your use of this Site and to prevent any
unauthorized copying of the Materials. Except as expressly
provided herein, PDC does not grant any express or implied
right to you under any patents, trademarks, copyrights or
trade secret information.
Subject to the terms and conditions set forth in this Agreement,
PDC grants you a non-exclusive, non-transferable, limited
right to access, use and display this site and the materials
thereon. You agree not to interrupt or attempt to interrupt
the operation of the site in any way.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. PDC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY
SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION
SHALL BE AT YOUR SOLE RISK. PDC RESERVES THE RIGHT, IN ITS
SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE. PDC MAY MAKE ANY OTHER CHANGES TO THE
SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES
OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT
NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND
THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW
FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
Information Provided By You
PDC does not want you to, and you should not, send any confidential
or proprietary information to PDC via the Site. You agree
that any information or materials that you or individuals
acting on your behalf provide to PDC will not be considered
confidential or proprietary. By providing any such information
or materials to PDC, you grant to PDC an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display,
publicly perform, transmit and distribute such information
and materials, and you further agree that PDC is free to
use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to PDC. You further recognize
that PDC does not want you to, and you warrant that you
shall not, provide any information or materials to PDC that
is defamatory, threatening, obscene, harassing, or otherwise
unlawful, or that incorporates the proprietary material
of another.
Third-Party Sites
As a convenience to you, PDC may provide on this Site links
to Web sites operated by other entities. If you use these
sites, you may 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. PDC makes no warranty or
representation regarding, and does not endorse, any linked
Web sites or the information appearing thereon or any of
the products or services described thereon. Links do not
imply that PDC 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 PDC or any of its affiliates or subsidiaries.
Changes
PDC reserves the right, at its sole discretion, to change,
modify, add or remove any portion of this Agreement in whole
or in part, at any time. Changes in this Agreement will
be effective when notice of such change is posted. Your
continued use of the Site after any changes to this Agreement
are posted will be considered acceptance of those changes.
PDC may terminate, change, suspend or discontinue any aspect
of the PDC Site, including the availability of any features
of the Site, at any time. PDC may also impose limits on
certain features and services or restrict your access to
parts or all of the Site without notice or liability. PDC
may terminate the authorization, rights and license given
above and, upon such termination, you shall immediately
destroy all Materials.
Limitation of Damages
IN NO EVENT SHALL PDC OR ANY OF ITS AFFILIATES OR SUBSIDIARIES
BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION
OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE,
THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY
LINKED WEBSITE, EVEN IF PDC IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Applicable Law
This Site is controlled, operated and administered by PDC
from its offices in Dallas, Texas. These Terms and Conditions
of use shall be governed by the laws of Texas, without giving
effect to its conflict of laws provisions. This Agreement
constitutes the entire agreement between PDC and you with
respect to your use of the Site. Any cause of action you
may have with respect to your use of the Site must be commenced
within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds
any provision of the Agreement or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to affect the intent of the Agreement,
and the remainder of this Agreement shall continue in full
force and effect.
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