1.1 This Website Service (the "Service") is provided by Melara Enterprises is to be used for information purposes only. The following agreement governs your use of the Service, including any interactive areas (the "Interactive Areas"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement (the "Agreement"), govern your use of those areas.
1.2 Melara Enterprises reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Melara Enterprises as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
2. Use of Content - Copyright, etc.
2.1 You acknowledge that the Service contains information, software, photographs, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Melara Enterprises or third parties. All Content on the Service is copyrighted as a collective work of Melara Enterprises pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You may post on the Service only Content owned by you, or for which you have received express permission from the owner, or Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Melara Enterprises or the owners of such Content or their authorized persons, if other than Melara Enterprises.
2.4 Melara Enterprises does not want you to, and you should not, send any confidential or proprietary information to Melara Enterprises via the Service. You agree that any information or materials that you or individuals acting on your behalf provide to Melara Enterprises will not be considered confidential or proprietary. By providing any such information or materials to Melara Enterprises, you grant to Melara Enterprises 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 Melara Enterprises is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Melara Enterprises.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to purchase products or services competitive with products or services sold by Melara Enterprises.
4. Managing Content
Melara Enterprises does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, Melara Enterprises reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Melara Enterprises shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement - Link Sites
5.1 Melara Enterprises does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Melara Enterprises.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "Link Sites"). You acknowledge that Melara Enterprises is not responsible for the availability of, or the content located on or through, any Link Site. You should contact the site administrator or Webmaster for those Link Sites if you have any concerns regarding such links or the content located on such Link Sites.
You agree to indemnify, defend and hold Melara Enterprises and its affiliated business units, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Melara Enterprises Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Melara Enterprises Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Melara Enterprises reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Melara Enterprises' defense of such claim.
7. Modification or Termination of Service
Melara Enterprises reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. Melara Enterprises may change, modify, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. Disclaimer of Warranties; Limitation of Liability
8.1 NEITHER MELARA ENTERPRISES NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MELARA ENTERPRISES, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF MELARA ENTERPRISES, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, OR ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER MELARA ENTERPRISES NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MELARA ENTERPRISES ASSUMES NO RESPONSIBILITY FOR DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM AS A RESULT OF USE OF THE SERVICE OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 CERTAIN MELARA ENTERPRISES BUSINESS UNITS AND THEIR INTERNET LINKS OFFER KNOWN FORMULAS AND CONFIGURATIONS OR THE LIKE (SOMETIMES CALLED "TOOLS") AS PART OF THE SERVICE ON THEIR WEBSITES TO PROVIDE USERS THE CONVENIENCE OF REACHING A PRELIMINARY DETERMINATION ON THE SIZE, SHAPE OR FUNCTION OF A PRODUCT OR SERVICE WHICH IS OFFERED. THE ACCURACY OF THE RESULTS OF USING A TOOL IS DEPENDENT ON THE CORRECT INPUT OF DATA AND VALUES BY THE USER. MELARA ENTERPRISES CANNOT BE HELD RESPONSIBLE FOR ANY DETERMINATION AS TO THE APPROPRIATENESS OF ANY PRODUCT OR SERVICE FOR ANY PARTICULAR APPLICATION AND THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY SUCH DETERMINATION. NEITHER MELARA ENTERPRISES NOR ANY THIRD PARTY PROVIDER OR AGENT ASSUMES ANY LIABILITY FOR ANY PRODUCT APPLICATION OR SERVICE BASED ON THE USE OF A TOOL.
8.3 NEITHER MELARA ENTERPRISES, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MELARA ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MELARA ENTERPRISES, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. International Users
This Service is controlled, operated and administered by Melara Enterprises from its offices within the United States of America. Melara Enterprises makes no representation that the Content on this Service is appropriate or available for use at other locations outside of the United States and access to it from territories where the Content is illegal, is prohibited. You may not use the Service or export the Content in violation of U. S. export laws and regulations. If you access this Service from a locations outside of the United States, you are responsible for compliance with all local laws.
10. Privacy Policies - Cookies
This Agreement constitutes the entire agreement between Melara Enterprises and you with respect to your use of the Service. Any claim or cause of action you may have with respect to your use of the Service 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 effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be construed in accordance with the laws of the State of Louisiana, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Baton Rouge, Louisiana. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 6, 8, 9, 10 and 11 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.