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Terms Of Use

Your access to, browsing of or use of this web site (the "Site") is subject to the following terms and conditions (the "Terms and Conditions") as well as all applicable laws. Please read the Terms and Conditions carefully. By accessing, browsing or using the Site, you accept and acknowledge your assent to, without limitation or qualification, the Terms and Conditions. If you do not agree to the Terms and Conditions, then please do not access, browse or use the Site.

1. Copyright. All designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Site are Copyright © 1999, CARTPATH.COM, Inc. All rights reserved. You should assume that the underlying code and everything you see or read on the Site (collectively, the "Information") is copyrighted unless otherwise noted. The Information may not be used other than in accordance with the Terms and Conditions without the prior written consent of CARTPATH.COM, Inc. (the "Company"). The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer for your own personal, non-commercial, home use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company.

2. Trademarks. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company or such third party that may own the Trademarks displayed on the Site. The Trademarks displayed on the Site may not be used other than in accordance with the Terms and Conditions. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

3. Errors and Omissions. THE COMPANY IS PROVIDING THE SITE AND THE INFORMATION ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR ANY SITE THAT IS HYPERLINKED HERETO, INCLUDING WITHOUT LIMITATION THE ACCURACY OF THE INFORMATION. The Company assumes no liability or responsibility for any errors or omissions in the Information.

4. Disclaimer of Liability. Your access to, browsing of or use of the Site is at your own risk. NEITHER THE COMPANY NOR ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE INFORMATION SHALL BE LIABLE FOR, INCLUDING WITHOUT LIMITATION, (A) INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PARTIES, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO, INCLUDING WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS OR OTHER HARMFUL COMPONENT, OR LINE FAILURE. Without limiting the generality of the foregoing, you agree and acknowledge when registering for any event through the Site, that such event is sponsored, managed and operated by third parties and that you agree to release the Company and hold the Company harmless from any liability, damage or loss that you may incur in connection with your registration or participation in such event.

5. Off-Site Links. The third-party sites hyperlinked to or from the Site are not under the control of the Company. The Company has not reviewed any or all of the third-party sites hyperlinked to or from the Site. The Company does not make any representations regarding, and is not responsible for, the content or accuracy of any third-party sites hyperlinked to or from the Site. If you chose to hyperlink to or from any third-party site hyperlinked to or from the Site, then doing so shall be at your own risk.

6. Prohibited Jurisdictions. The Company does not authorize the downloading or exportation of the Information or any software or technical data from the Site to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.

7. Choice of Law, Jurisdiction, and Venue. The Site, the Information, the Terms and Conditions, any suit, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Site, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of Houston-Harris County, Texas or in the United States District Court for the Southern District of Texas situated in Houston, Texas. All parties hereby consent to personal jurisdiction in the State of Texas, acknowledge that venue is proper in the courts of Houston-Harris County, Texas or in the United States District Court for the Southern District of Texas in Houston, Texas, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.

8. Amendments. The Company may at any time and without notice revise the Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. You should also know that the Company continuously revises the Information.

9. Severability. In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.