DeNOVUS Website User Agreement
1. This World Wide Website with its home page in the
domain
"www.denovus.com" (the "Website") is
a complimentary information service offered by DeNOVUS. This complimentary information service is offered at no
charge to users of the World Wide Web, with the express
condition that these users agree to be bound by the terms
and conditions set forth in this User Agreement. DeNOVUS and its Affiliates reserve the right to change these terms
and conditions at any time, and you must consult the most
recent version of this User Agreement (not an older cached
version) each time you view the Website. DO NOT USE THE
WEBSITE IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS
AND CONDITIONS.
2. You acknowledge that the information on the Website
is provided "as is" for general information
only. DeNOVUS and its Affiliates make no warranties or
representations
of any kind regarding this Website or the information in
it, including but not limited to any warranty of accuracy,
completeness, currency, reliability, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, or any warranty that
these
pages, or the server that makes them available, are free
of viruses or other harmful elements, and such warranties
are expressly disclaimed. Any person or entity purchasing
products from DeNOVUS or its Affiliates should thoroughly
review all relevant Material Safety Data Sheet(s) as well
as any other product literature associated with the product
before attempting to use the product. You agree that DeNOVUS’s
Standard Terms and Conditions of Sale that are printed
on
the reverse side of invoices shall govern all purchases
of products from DeNOVUS.
3. You agree that you will hold harmless DeNOVUS and its
Affiliates and their shareholders, officers, directors,
employees, successors and assigns from all claims arising
out of or related to your access or use of, or your inability
to access or use, this Website or the information contained
in this Website or other websites to which it is linked,
including but not limited to claims that you have found
something you have heard, viewed or downloaded from this
Website or another website to which it is linked to be
obscene,
offensive, defamatory, or infringing upon your intellectual
property rights. In no event will DeNOVUS or its Affiliates
or the contributors of information to this Website be liable
to you or anyone else for any decision made or action taken
by you in reliance on such information or for any consequential,
special or similar damages, even if advised of the possibility
of such damages. Consistent with the foregoing, you hereby
release and agree to release DeNOVUS from any damages
associated
with such claims.
4. You acknowledge those opinions and recommendations
contained in this Website are not necessarily those of
DeNOVUS or
its Affiliates or endorsed by DeNOVUS or its Affiliates.
5. DeNOVUS or its Affiliates may provide links on the
Website to other websites that are not under the control
of DeNOVUS or its Affiliates. In general, any website
which
has an address (or URL) which does not contain "DeNOVUS.com"
is such a website. These links are provided for convenience
of reference
only and are not intended as an endorsement by DeNOVUS or its Affiliates of the organization or individual operating
the website or a warranty of any type regarding the website
or the information on the website. DeNOVUS DISCLAIMS ALL
WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS
WEB SITE OR OTHER LINKED SITES, INCLUDING ALL EXPRESS OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR
PURPOSE. IN NO EVENT SHALL DeNOVUS BE LIABLE FOR ANY DIRECT,
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR
PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OR USE,
DATA, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE
OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY
OR SUITABILITY OR PERFORMANCE OF THIS INFORMATION.
6. You may provide a hypertext link to this Website on
another website, so long as each of the following conditions
is satisfied: (a) the link must be a text-only link clearly
marked "DeNOVUS" (or the name of the appropriate
DeNOVUS Affiliate indicated as the operator of the site)
(b) the link must "point" to the URL "http://www.DeNOVUS.com"
and not to other pages within the Website, (c) the appearance,
position and other aspects of the link may not be such
as
to damage or dilute the goodwill associated with the name
and trademarks of DeNOVUS or its Affiliates, (d) the appearance,
position and other aspects of the link may not create the
false appearance that an entity other than DeNOVUS or
its
Affiliates is associated with or sponsored by DeNOVUS or its Affiliates, (e) the link, when activated by a user,
must display this Website full-screen and not within a "frame"
on the linked website, and (f) DeNOVUS and its Affiliates
each reserve the right to revoke consent to the link at
any time in its sole discretion by amending this User Agreement.
You agree that all other hypertext links to this Website
must be approved in writing by DeNOVUS.
7. The works of authorship contained in this Website,
including but not limited to all design, text and images,
are owned
or licensed by DeNOVUS or its Affiliates, and may not be
copied, reproduced, transmitted, displayed, performed,
distributed,
rented, sublicensed, altered, employed in compilations
or derivative works, stored for subsequent use or otherwise
used in whole or in part in any manner without DeNOVUS's
prior written consent, except that the user may make such
temporary copies in a single computer's RAM and hard drive
cache as are necessary to browse the Website, and the user
may make one permanent printout of each page of the Website
(unmodified in form, with a copy of this User Agreement
attached) to be used by the user for personal and non-commercial
uses which do not harm the reputation of DeNOVUS. Elements
of the website are also protected by trade dress and other
laws and may not be imitated in whole or in part on other
websites.
8. The marks including but not limited to DENOVUS™,
among others
are trademarks of DeNOVUS. These marks DeNOVUS and all
uses thereof are the subject of registered and unregistered
common law trademarks of DeNOVUS.
9. This Website (excluding linked sites) is controlled
by DeNOVUS, which is a Limited Liability Company organized
under the laws of the State of Texas, United States
of
America. The Website can be accessed from all 50 states,
as well as from other countries around the world. As each
of these places has laws that may differ from those of
Texas,
by accessing this Website both you and DeNOVUS agree that
the statutes and laws of the State of Texas, without
regard to conflicts of laws principles thereof, will apply
to all matters arising from or relating to use of this
Website,
except where preempted by the federal laws of the United
States of America (such as its copyright laws), in which
case such U.S. federal law will apply. You and DeNOVUS also agree and hereby submit to the exclusive personal
jurisdiction
and venue of the Superior Court of Ellis County, Texas,
and the United States District Court for North Central
Texas with respect to such matters. DeNOVUS makes no representation
that
materials on the Website are appropriate
or available for use in other locations, and accessing
them
from territories where their contents are illegal is prohibited.
Those who choose to access this Website from other locations
do so on their own initiative and are responsible for compliance
with local laws.
10. DeNOVUS Websites collect the domain names of the visitors
to our sites. This information includes the number of visits,
time spent, pages viewed, etc. Our Web site pages may use
"cookies" (data that a web site can send to your
browser), which in turn are stored on your computer or computer
system.
11. We may collect personal information from visitors to
our Websites on a voluntary basis only. Personal information
can include name, title, company, address, phone number,
e-mail address, product/shopping preferences, among other
information. You are able to control what personal information,
if any, you share with us. You are not required to tell
us who you are or to reveal any information about yourself.
Thank you for your patience. We hope you find the DeNOVUS Website to be helpful and convenient to use! Questions
or comments regarding the DeNOVUS Website should be directed
by electronic mail to Webmaster@denovus.com.