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MARQUIS HOLDINGS LIMITED WEBSITE
TERMS AND CONDITIONS
OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING
THIS WEBSITE ("SITE"). BY USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS ("TERMS"),
DO NOT USE THIS SITE.
Use of Site
Marquis Holdings Limited ("Marquis") authorises you to view and
download the materials at this Site only for your personal, non-commercial use.
You must retain all copyright and other proprietary notices contained in the
materials on any copies of the materials. You may not modify the materials at
this Site in any way or reproduce or publicly display, perform, or distribute
or otherwise use them for any public or commercial purpose. Any use of these
materials on any other website or networked computer environment for any
purpose is prohibited. The materials at this Site are copyrighted and any
unauthorized use of any materials may violate copyright, trademark, and other
laws. If you breach any of these Terms, your authorization to use this Site
automatically terminates and you must immediately destroy any downloaded or
printed materials.
Disclaimers
The
materials (including all software) and services at this Site are provided "as
is" without warranties of any kind. All representations , warranties,
conditions and other terms which may be implied into these terms by law
(including without limitation those of satisfactory quality, fitness for a
particular purpose, and the use of reasonable care and skill) are hereby
excluded to the fullest extent permitted by law.
Marquis' obligations with respect to its products and services
are governed solely by the agreements under which they are provided and nothing
on this Site should be construed to alter such agreements.
Marquis further does not warrant the accuracy and completeness
of the materials, software or services at this Site.
Marquis may make changes to the materials and services at this
Site, or to the products and prices described in them, at any time without
notice. The materials and services at this Site may be out of date, and Marquis
makes no commitment to update the materials and services at this Site.
Information published at this Site may refer to products,
programs or services that are not available in your country. Consult your local
Marquis business contact for information regarding the products, programs and
services that may be available to you. Applicable law may not allow the
exclusion of implied warranties, so this exclusion may not apply to you.
Limitation of Liability
Nothing in these Terms shall exclude or limit Marquis' liability
for (i) death or personal injury arising as a result of its negligence, (ii)
fraud, or (iii) any other liability which by applicable law may not be excluded
or limited.
In
no event will Marquis or any of its Associated Companies, their suppliers, or
other third parties mentioned at this site be under any Liability for any loss
or damages whatsoever, including without limitation loss of actual or
anticipated profits, loss of goodwill, loss of revenue or the use of money,
loss of contracts, loss of anticipated savings, loss of data or business
interruption, damages relating to the procurement of substitute goods and
services, any special, indirect or consequential loss (whether or not such loss
or damage is foreseeable, known, foreseen or otherwise), arising out of: any
use of, or inability to use, (i) this Site and/or (ii) the results of any use
of this Site, (iii) any websites linked to this Site, or (iv) the materials or
information or services contained at this Site and any or all other such sites.
Marquis does not exclude (but for the avoidance of doubt does
limit) Liability for any fundamental misrepresentation, including any
misrepresentation as to a matter fundamental to its ability to perform its
obligations under this Agreement, on the part of Marquis.
In
these terms "Liability" means liability in or for breach of contract, Breach of
Duty (including negligence), misrepresentation, restitution or any other cause
of action whatsoever relating to or arising under or in connection with the
entering into, performance, non-performance or wrongful performance of this
Agreement, including liability expressly provided for under this Agreement or
arising by reason of the invalidity or unenforceability of any term of this
Agreement (and for the purposes of this definition, all references to "this
Agreement" shall be deemed to include any collateral contract). In these terms
"Breach of Duty" means the breach of any (i) obligation arising from the
express or implied terms of a contract to take reasonable care or exercise
reasonable skill in the performance of the contract or (ii) common law duty to
take reasonable care or exercise reasonable skill (but not any stricter duty).
If
your use of the materials, information or services from this site results in
the need for servicing, repair or correction of equipment or data, you assume
all costs thereof.
Applicable law may not allow the exclusion or limitation of
incidental or consequential damages, so these limitations or exclusions may not
apply to you.
Use of Software
Any
software that is made available to download from this Site is the copyrighted
work of Marquis and/or its suppliers.
Use
of the software is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the software ("License Agreement").
You may not download or install any Software that is accompanied by or includes
a License Agreement unless you have read and accepted the terms of the License
Agreement.
REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED
EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
User Submissions
Marquis does not want to receive confidential or proprietary
information from you through this Site. Any material, information or other
communication ("Communications") you transmit or post to this Site will be
considered non-confidential and non-proprietary. Marquis will have no
obligations with respect to the Communications. Marquis and its designees will
be free to copy, disclose, distribute, incorporate and otherwise use the
Communications and all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial purposes. Personally
identifiable information that you submit to Marquis for the purpose of
receiving products or services will be handled in accordance with the Marquis
Online Privacy Statement. You are prohibited from posting or transmitting to or
from this Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other material that would violate any law.
Links to Third-Party Websites
Links on this Site to third-party websites are provided solely
as a convenience to you. If you use these links, you will leave this Site.
Marquis has not reviewed all of these third-party sites and does not control
and is not responsible for any of these sites or their content. Thus, Marquis
does not endorse or make any representations about them, or any information,
software or other products or materials found there, or any results that may be
obtained from using them.
Linking to this Site
You
may create links to this Site from other sites, but only in accordance with the
terms of the Guidelines for Linking to Marquis' Websites (see section below)
and in compliance with all applicable laws.
Trademarks
All
product and company names mentioned herein may be trademarks and/or service
marks of their respective owners.
General
Marquis may revise these Terms at any time by updating this
posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or terms located
on particular pages at this Site.
Revised April 2009
Note: Anyone linking to Marquis' website must comply with
the Guidelines for Linking to Marquis' Websites and all applicable laws.
Guidelines for Linking to Marquis' Websites
A
site that links to Marquis' website:
 May link to but not replicate Marquis content
Should not create a browser and border environment
 around Marquis content
Should not imply that Marquis is endorsing it or
its products
Should not misrepresent its relationship with Marquis
Should not present false information about Marquis
products or services
Should not use the Marquis logo without permission
from Marquis
Should not contain content that could be construed
as distasteful,
offensive or controversial and
should contain only content that is
appropriate for all
age groups
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