Agreement Between User & Developmental Industries, Inc.
The Developmental Industries, Inc. website is comprised of various web
pages operated by Developmental Industries, Inc..
The Developmental Industries, Inc. website is offered to you
conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein.
Your
use of the Developmental
Industries, Inc. website constitutes your agreement to all such terms, conditions, and notices.
Modification of These Terms of Use
Developmental Industries, Inc. reserves the right to change the terms,
conditions, and notices under which the Developmental Industries, Inc. website is offered,
including
but not limited to the charges
associated with the use of the Developmental Industries, Inc. website.
Links to Third Party Sites
The Developmental Industries, Inc. website may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control of Developmental
Industries, Inc. and Developmental
Industries, Inc. is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Developmental Industries, Inc. is not
responsible for webcasting or any other form of transmission received from any Linked Site.
Developmental Industries, Inc. is providing these links to you only as a convenience, and the
inclusion of any link does not imply
endorsement by Developmental Industries, Inc. of the site or any association with its operators.
No Unllawful or Prohibited Use
As a condition of your use of the Developmental Industries, Inc.
website,
you warrant to Developmental Industries, Inc. that you will not use the Developmental
Industries,
Inc. website for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not use the
Developmental
Industries, Inc. website in any manner which could damage, disable, overburden, or impair the
Developmental Industries, Inc.
website or interfere with any other party's use and enjoyment of the Developmental Industries,
Inc.
website. You may not obtain or attempt to obtain any materials or information through any means
not
intentionally made available
or provided for through the Developmental Industries, Inc. websites.
Use of Communication Services
The Developmental Industries, Inc. website may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other
message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively,
"Communication
Services"), you agree to use the Communication Services only to post, send and receive
messages
and material
that are proper and related to the particular Communication Service. By way of example, and not
as a
limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights
of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property
laws
(or by rights of privacy of publicity) unless you own or control the rights thereto or
have
received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a
file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular
Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses,
without
their consent.
Violate any applicable laws or regulations.
Developmental Industries, Inc. has no obligation to monitor the
Communication Services. However, Developmental Industries, Inc. reserves the right to review
materials posted to a Communication Service and
to remove any materials in its sole discretion. Developmental Industries, Inc. reserves the
right to
terminate your access to any or all of the Communication Services at any time without notice for
any
reason whatsoever.
Developmental Industries, Inc. reserves the right at all times to
disclose
any information as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in Developmental
Industries,
Inc.'s sole discretion.
Always use caution when giving out any personally identifying
information
about yourself or your children in any Communication Service. Developmental Industries, Inc.
does
not control or endorse the
content, messages or information found in any Communication Service and, therefore,
Developmental
Industries, Inc. specifically disclaims any liability with regard to the Communication Services
and
any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized Developmental
Industries, Inc. spokespersons, and their views do not necessarily reflect those of
Developmental
Industries, Inc..
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for adhering to
such
limitations if you download the
materials.
Materials Provided to Developmental Industries, Inc. or Posted at Any Developmental
Industries, Inc.
Website
Developmental Industries, Inc. does not claim ownership of the
materials
you provide to Developmental Industries, Inc. (including feedback and suggestions) or post,
upload,
input or submit to any
Developmental Industries, Inc. website or its associated services (collectively
"Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting
Developmental
Industries, Inc., its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as
provided herein. Developmental Industries, Inc. is under no obligation to post or use any
Submission
you may provide and may
remove any Submission at any time in Developmental Industries, Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission
you warrant and represent that you own or otherwise control all of the rights to your Submission
as
described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input
or
submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE
THROUGH THE DEVELOPMENTAL INDUSTRIES, INC. WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS.
CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. DEVELOPMENTAL INDUSTRIES, INC. AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE DEVELOPMENTAL INDUSTRIES, INC. WEBSITE AT ANY TIME. ADVICE
RECEIVED VIA THE DEVELOPMENTAL INDUSTRIES,
INC. WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND
YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DEVELOPMENTAL INDUSTRIES, INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE DEVELOPMENTAL INDUSTRIES, INC. WEBSITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND
RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEVELOPMENTAL INDUSTRIES, INC.
AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DEVELOPMENTAL INDUSTRIES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DEVELOPMENTAL
INDUSTRIES, INC. WEBSITE, WITH THE
DELAY OR INABILITY TO USE THE DEVELOPMENTAL INDUSTRIES, INC. WEBSITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH
THE DEVELOPMENTAL INDUSTRIES, INC. WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
DEVELOPMENTAL
INDUSTRIES, INC. WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF DEVELOPMENTAL
INDUSTRIES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DEVELOPMENTAL
INDUSTRIES, INC. WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO
DISCONTINUE USING THE DEVELOPMENTAL
INDUSTRIES, INC. WEBSITE.
Developmental Industries, Inc. reserves the right, in its sole
discretion,
to terminate your access to the Developmental Industries, Inc. website and the related services
or
any portion thereof at any
time, without notice. To the maximum extent permitted by law, this agreement is governed by the
laws
of the State of Mississippi, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue
of courts in Alcorn County,
Mississippi, U.S.A. in all disputes arising out of or relating to the use of the Developmental
Industries, Inc. website. Use of the Developmental Industries, Inc. website is unauthorized in
any
jurisdiction that does not give
effect to all provisions of these terms and conditions, including without limitation this
paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you
and Developmental Industries,
Inc. as a result of this agreement or use of the Developmental Industries, Inc. website.
Developmental Industries, Inc.'s performance of this agreement is subject to existing laws and
legal
process, and nothing contained in this
agreement is in derogation of Developmental Industries, Inc.'s right to comply with
governmental,
court and law enforcement requests or requirements relating to your use of the Developmental
Industries, Inc. website or information
provided to or gathered by Developmental Industries, Inc. with respect to such use. If any part
of
this agreement is determined to be invalid or unenforceable pursuant to applicable law
including,
but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision
will be deemed superseded by a valid, enforceable provision that most closely matches the intent
of
the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Developmental Industries, Inc.
with
respect to the Developmental
Industries, Inc. website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Developmental Industries,
Inc.
with respect to the Developmental
Industries, Inc. website. A printed version of this agreement and of any notice given in
electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to
this
agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and all
related documents be drawn up in
English.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted
herein are fictitious. No association with any real company, organization, product, person, or
event
is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
Notices & Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications
of claimed copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure
for Making Claims of Copyright Infringement.
