The following terms and conditions (the "Terms") govern your use of the eTesters web site ("Web Site"). By using the Web Site, you agree to follow and be bound by the Terms. If you do not agree with the Terms, please do not use this Web Site.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO ETESTERS
2. Intellectual Property
All materials contained in or provided on the Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by eTesters or by their respective third party manufacturers, service providers, authors, developers, or vendors ("Third Parties") and are the copyrighted works of eTesters and/or such Third Parties. Except as expressly provided in Section 2, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of eTesters or the Third Parties. You may not "mirror" any Materials contained on the Web Site on any other server without eTesters' prior express written permission. ETESTERS and the eTesters logo mark are a trademark of eTesters, Inc., LLC ("eTesters"), in the United States and other countries. Except as expressly provided in Section 2, such trademarks may not be used without the prior written consent of eTesters and shall not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits eTesters. Except where expressly provided in Section 2, nothing on the Web Site shall be construed to confer any license under any of eTesters' or any Third Parties' intellectual property rights, whether by estoppel, implication, or otherwise. Materials provided by Third Parties have not been independently reviewed, tested, certified, or authenticated in whole, or in part by eTesters. ETesters does not provide, sell, license, or lease any of the Materials other than those specifically identified on the Web Site as being provided by eTesters.
eTesters hereby grants you permission to display, copy, distribute, and download the Materials, provided that: (1) these terms appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial, and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded or printed Materials.
4. Violations of Law
Any unauthorized use of any Materials contained on the Web Site may violate applicable copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Links to Third Party Sites
The Web Site contains links to web sites controlled by parties other than eTesters. YOU ACKNOWLEDGE THAT BY CLICKING ON A HYPERLINK YOU WILL LEAVE THIS WEB SITE AND GO TO SUCH OTHER WEB SITE. ETesters is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. ETesters provides these links to you as a convenience, and the inclusion of any link does not imply endorsement by eTesters of the linked web site. It is your responsibility to assure that whatever you select for your use is free of viruses or other destructive elements.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ETESTERS, THE MATERIALS ARE PROVIDED "AS IS." ETESTERS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT ANY SUCH DISCLAIMER IS HELD TO BE LEGALLY UNENFORCEABLE. ETESTERS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS.
7. Limitation of Liability; Indemnification
ETESTERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF ANY PARTY'S USE, MODIFICATION, CONTRIBUTION, USING, COPYING, DISTRIBUTION, OR DOWNLOADING OF THE MATERIALS. IN NO EVENT SHALL ETESTERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE FROM THE WEB SITE, EVEN IF ETESTERS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU COVENANT NOT TO SUE ETESTERS FOR ANY CLAIMS AND HOLD HARMLESS BASED ON, OR RELATED TO, THE USE OF THE WEB SITE. YOU AGREE TO FULLY INDEMNIFY ETESTERS IN THE EVENT OF AND TO THE FULL EXTENT OF ANY SUCH DAMAGES, AND RELATED COSTS AND EXPENSES RELATED TO SUCH CLAIMS.
eTesters is not responsible for any inaccuracies or typographical errors on the Web Site. eTesters and the Third Parties may make improvements and/or changes in the Materials at any time without notice. Any action related to these Terms will be governed by Virginia state law and applicable U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and supercede any prior or contemporaneous, conflicting, or additional communications. eTesters has the right to revise the Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by eTesters.
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