We reserve the right, in our sole discretion, to update, change, modify, revise, supplement, add to or remove portions of these Terms at any time without notice, and such changes will be effective immediately upon being posted on this Site. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will indicate your acceptance of those changes. If you do not agree to any changes of these Terms, you must immediately stop using this Site.
OWNERSHIP OF RIGHTS AND RESTRICTIONS ON USE OF MATERIALS
The materials displayed on or contained within this Site, including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, sound files, graphics, images, artwork and other graphic materials and/or their arrangement used within this Site, and the names, logos, trademarks and service marks (collectively, the “Materials”), are the property of Service IT Direct or its vendors, suppliers and/or licensors and are protected by copyright, trademark and other intellectual property laws. No Materials from this Site or any other website owned, operated, licensed, or controlled by Service IT Direct or any of its related, affiliated, or subsidiary companies may be copied, reproduced, republished, uploaded, posted, transmitted, disseminated, circulated or distributed in any way or to any third party without the prior written consent of Service IT Direct.
We authorize you to copy Materials published on this Site only for use in support of Service IT Direct products and services on the condition that you do not delete or change any copyright, trademark, or other proprietary notices contained in the Materials. Modification or use of the Materials for any other purpose violates the copyright, trademark and other intellectual property rights of Service IT Direct and/or its vendors, suppliers and/or licensors and is prohibited. Therefore, no other use of the Materials is authorized, no license is granted, and no Materials may otherwise be copied, modified, transmitted, distributed, published, or used without the prior written permission of the owner of the Materials. All Materials on this Site are protected by copyright.
The Materials in this Site are provided for lawful purposes only. Neither title to nor intellectual property rights in any Materials are transferred to you by access to this Site but remain with Service IT Direct and/or its vendors, suppliers and/or licensors, who own full and complete title to the Materials in this Site.
All remarks, suggestions, ideas, materials, graphics, or other information that you transmit to Service IT Direct through this Site (collectively, the “Transmitted Material“) will forever be the property of Service IT Direct, and Service IT Direct has no obligation to you in connection with the Transmitted Material. Service IT Direct is not required to treat any Transmitted Materials as confidential or proprietary, will not be liable for any ideas for its business (including, without limitation, service, product, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in future Service IT Direct operations. Service IT Direct may use the Transmitted Material for any purpose whatsoever, including, without limitation, for developing, manufacturing and marketing produces and services. You acknowledge that you are responsible for whatever Transmitted Material you submit, and that you have sole responsibility for the content, including its legality, reliability, appropriateness, originality and copyright.
Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Service IT Direct assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products, services, or other matters described on this Site.
THIRD PARTY WEBSITES
This Site may provide links or references to non-Service IT Direct websites and resources. Service IT Direct makes no representations, warranties or other commitments whatsoever about any third party websites or resources that may be referenced, accessible from, or linked to this Site. A link to a third party website does not mean that Service IT Direct endorses the content or use of the website or its owner. In addition, Service IT Direct is not a party to or responsible for any transactions that you may enter into with third parties, even if you learn of such third parties (or use a link to such parties) from this Site. Accordingly, you acknowledge and agree that Service IT Direct is not responsible for the availability of such external sites or resources, and that Service IT Direct is not responsible or liable for any content, products, services, or other materials on or available from those third party sites or resources.
LINKING TO THIS SITE
All links to this Site must be consented to in writing by Service IT Direct, except that Service IT Direct consents to links in which the links and the pages that are activated by the link do not: (a) create any frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with Service IT Direct; (c) imply that Service IT Direct approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Service IT Direct or otherwise damage the goodwill associated with the Service IT Direct name or trademarks. As a further condition to being permitted to link to this Site, you agree that Service IT Direct may at any time, in its sole discretion, terminate permission to link to this Site. In such any event, you agree to immediately remove all links to this Site and to cease using any Service IT Direct trademark.
DISCLAIMER OF WARRANTIES
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES IN THIS SITE ARE PROVIDED “AS IS” AND WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. SOURCE DIRECT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
SOURCE DIRECT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOURCE DIRECT FURTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE MATERIALS IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL SOURCE DIRECT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY TYPE, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS SITE OR ANY USE OF THIS SITE, OR ANY SITE OR RESOUCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR ECONOMIC LOSSES, LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, LOSS OF PROGRAMS OR OTHER DATA, AND THIRD PARTY CLAIMS, EVEN IF SOURCE DIRECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
This Site is controlled and operated by Service IT Direct from its offices located in Addison, Texas, United States of America. Service IT Direct makes no representation that this Site or the Materials contained within this Site are appropriate for other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. This Site and these Terms are governed by and will be construed and enforced in accordance with controlling Federal law and the laws of the State of Texas, without regard to choice of law rules.
You shall indemnify, defend and hold harmless Service IT Direct and its related, affiliated and subsidiary companies, and their respective officers, directors, employees, agents, successors, assigns, service providers and suppliers, from and against all third party claims, demands, actions, suits, proceedings, damages, losses, costs and expenses, including reasonable attorneys’ fees and court costs, suffered or incurred by an indemnified party arising out of or related to your misuse of this Site, your violation of these Terms, or your violation of the rights of any third party.
You and we agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and Service IT Direct arising in relation to these Terms or this Site will be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator in Dallas County, Texas. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that Service IT Direct will pay any arbitration filing fees. If any party prevails on a statutory claim that allows the prevailing party to receive an award of attorneys’ fees, the arbitrator may award reasonable attorneys’ fees to the prevailing party.
If any provisions of these Terms are held to be unlawful, void, or unenforceable, such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the use of this Site. Service IT Direct may at any time and at its sole discretion terminate your right to use this Site.
Effective December 17, 2013.