| TERMS & CONDITIONS |
| ATTENTION: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE.
USING THIS WEB SITE INDICATES THAT YOU ACCEPT THE TERMS AND CONDITIONS
OF THIS AGREEMENT ("AGREEMENT"). IF YOU DO NOT ACCEPT THE TERMS
OF THIS AGREEMENT, PLEASE DISCONTINUE USE OF THIS WEB SITE.
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| Use of Site |
| For
purposes of this Agreement, the terms "we," "us," "our" and "HOST"
refer to HOST Vending Inc. and its successors, partners, affiliates,
subsidiaries and assigns; "you" refers to you as a user of this
web site. Host Vending ("Host Vending") grants you a limited, non-exclusive,
non-transferable, indivisible license, without the right to sublicense,
to view, print and download the materials at this web site ("Site")
only for your personal, non-commercial use and not for republication,
distribution, assignment, sale, preparation of derivative works
or other use. You expressly agree to retain all copyright and other
proprietary notices contained in the materials, or on any copies
of the materials, found on this Site. You may not modify the materials
at this Site in any way or reproduce or publicly display, perform,
distribute or otherwise use them for any public or commercial purpose.
For purposes of this Agreement, any use of these materials on any
other web site or networked computer environment for any purpose
is prohibited. The materials at this Site are copyrighted and any
unauthorized use of any materials at this Site may violate copyright,
trademark, and other laws. If you breach any provision of this Agreement,
your authorization to use this Site automatically terminates and
you must immediately destroy any downloaded or printed materials. |
| Disclaimer. |
| TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE MATERIALS PROVIDED
AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Host Vending further does not warrant the accuracy and completeness
of the materials at this Site. Host Vending may make changes to
or update the materials at this Site, or to the services, products
and prices described herein, at any time without notice. The contents
of this Site may include technical inaccuracies, typographical errors
and/or out-of-date information. Information published at this Site
may refer to products, programs or services that are not available
in your country. Consult your local Host Vending business contact
for information regarding the services, products, programs and services
that may be available to you. e. |
| Indemnity. |
| You agree to indemnify, defend and hold harmless Host Vending, its
officers, directors, shareholders, employees, partners, sponsors,
agents, attorneys representatives, subsidiaries, affiliates, successors
and assigns (collectively "Affiliated Parties") from all liabilities,
losses, damages, claims and expenses, including reasonable attorneys'
fees and costs, whether or not a lawsuit or other proceeding is
filed, that in any way arises out of or relates to (a) your breach
or violation of this Agreement, (b) your use of the Site, (c) any
transactions or other activities you engage in with any third parties
you access by or through this Site, or (d) your infringement or
violation of intellectual property or other rights. |
| LIMITATION OF LIABILITY. |
| TO THE EXTENT PROVIDED BY LAW, HOST VENDING WILL NOT BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, THOSE RESULTING FROM
LOST PROFITS, LOSS OR USAGE, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH AN EVERY PROVISION OF
THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER
OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE
SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS OF THIS AGREEMENT,
SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION
BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE
AND THE MATERIALS PROVIDED HEREON WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. |
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| Privacy Policy. |
| Our Privacy Policy, as it may change from time to time, is hereby incorporated by reference herein and shall be deemed part of this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding uses of the Site by you and all information provided by you in any manner consistent with our Privacy Policy and this Agreement. |
| Links to Third-Party Web Sites. |
| This Site contains links to other web sites. Host Vending does not
operate or control the products or services offered on such third-party
sites. Host Vending is not a party to the transactions entered into
on such third-party sites. YOU AGREE THAT YOUR USE OF SUCH THIRD-PARTY
SITES IS AT YOUR OWN RISK AND IS WITHOUT ANY WARRANTIES OF ANY KIND
BY US, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT
OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT OR TRADE
CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO
CIRCUMSTANCES IS HOST VENDING LIABLE FOR ANY DAMAGES OR LOSSES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THIS SITE. |
| Applicable Laws. |
| This Site is administered by Host Vending from its offices in San
Diego, California. Host Vending makes no representation that materials
at this Site are appropriate or available for use outside the United
States, and access to them from territories where their contents
are illegal is strictly prohibited. You may not use, export, or
re-export the materials at this Site or any copy or adaptation thereof,
or goods obtained through this Site in violation of any applicable
laws or regulations including, without limitation, U.S. export laws
and regulations. If you choose to access this Site from outside
the United States, you do so at your own risk and are responsible
for compliance with applicable local laws. This Agreement will be
governed by and construed in accordance with the laws of the State
of California, without giving effect to any principles of conflicts
of laws. |
| General. |
| Host Vending reserves the right, in its sole discretion, to add,
edit or delete any programs, services, information or other content
appearing on this Site. Except as expressly provided on the Site,
this Agreement constitutes the entire and only agreement between
Host Vending and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content and products or services provided
by or through the Site. This Agreement may be amended at any time
from time to time by Host Vending without specific notice to you.
Each time you access this Site you confirm your agreement to abide
by the then current terms of this Agreement. You should visit this
page from time to time to review the terms of the current Agreement.
Certain provisions of this Agreement may be superseded by expressly
designated legal notices or terms located on particular pages at
this Site. |
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