Following are the terms of a legal agreement between you and Chicago Digital Power, Inc. and WWW.CDPUPS.COM. If you do not agree to these terms, do not use the Site.
1. Restrictions. Chicago Digital Power, Inc. and WWW.CDPUPS.COM owns all material used on the Site. All information is provided solely for the personal, non-commercial use of users of the Site. All materials appearing on the Site (including but not limited to company logos, product images, catalogs, designs, and pictures) are the creation of Chicago Digital Power, Inc. and WWW.CDPUPS.COM and are protected by all applicable copyright and trademark law or are used with the consent of the original owner or creator of the material. Nothing appearing on the Site 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 otherwise, without Chicago Digital Power, Inc. and WWW.CDPUPS.COM ` or the copyright owner`s express, written permission. Chicago Digital Power, Inc. and WWW.CDPUPS.COM hereby grants its permission to display, copy, distribute, and download the materials on the Site for personal, non-commercial use only, provided the materials are not modified and that all copyright and other proprietary notices contained in the materials are retained. This permission terminates automatically if you violate any of these terms or conditions. Upon termination, you must immediately destroy all downloaded and printed materials. Any unauthorized use of any material in this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. Limitation on Use and Liability. Chicago Digital Power, Inc. and WWW.CDPUPS.COM does not make any warranties or representations regarding the materials contained on the Site. As a user of the Site, you agree that you are not relying on any material contained on the Site; any reliance on your part is at your sole risk. Despite its efforts to provide accurate information on the Site, Chicago Digital Power, Inc. and WWW.CDPUPS.COM cannot ensure that all information is correct. Accordingly, Chicago Digital Power, Inc. and WWW.CDPUPS.COM intends the Site to be used for general reference only. No information on the Site is to be construed as an offer or solicitation of sale. In accordance with applicable laws, Chicago Digital Power, Inc. and WWW.CDPUPS.COM can offer to sell real estate only to those persons who visit its properties and only within the state where the property is located. Because the Site may contain inaccurate, incomplete, or out-of-date information at any time, you should consult with a Chicago Digital Power, Inc. and WWW.CDPUPS.COM ` sales professional for any information listed on the Site. Product information, including plans, promotions, pricing, and availability, is subject to change at any time, and there may be typographical errors or misstatements on the Site at any given time. Your sole exclusive remedy for any use of any materials or information provided on the Site shall be to cease accessing the Site and using the materials or information obtained therein. By using the Site, you agree that Chicago Digital Power, Inc. and WWW.CDPUPS.COM shall not be liable for any damages relating to any use of or reliance upon any material on the Site. You also agree that Chicago Digital Power, Inc. and WWW.CDPUPS.COM shall not be liable for any damage to your computer or other equipment or other property related to your use of access or your downloading of any material from the Site.
3. DISCLAIMER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE Chicago Digital Power, Inc. and WWW.CDPUPS.COM , ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, JOINT VENTURERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEYS` FEES AND COSTS, AND CLAIMS FOR INTEREST, RELATED DIRECTLY OR INDIRECTLY TO OR ARISING FROM YOUR ACCESSING THE SITE OR THE USE OR NON-USE OR INABILITY TO USE ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF Chicago Digital Power, Inc. and WWW.CDPUPS.COM OR A Chicago Digital Power, Inc. and WWW.CDPUPS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE IS CAUSED IN WHOLE OR IN PART BY Chicago Digital Power, Inc. and WWW.CDPUPS.COM ` GROSS NEGLIGENCE OR ITS NEGLIGENCE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS-IS" AND "WHERE-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU WILL ASSUME THOSE COSTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE DISCLAIMER, LIMITATIONS, OR EXCLUSIONS, MAY NOT APPLY TO YOU. EXCEPT AS STATED HEREIN, USE OF THE SITE DOES NOT CREATE ANY CONTRACT, AGREEMENT, RIGHTS, OR LEGAL OBLIGATIONS BETWEEN YOU, Chicago Digital Power, Inc. and WWW.CDPUPS.COM . YOU ALSO AGREE TO HOLD Chicago Digital Power, Inc. , WWW.CDPUPS.COM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS, HARMLESS FROM ANY AND ALL CLAIMS AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS` FEES) ARISING FROM YOUR USE OF THE SITE, ANY FAILURE BY YOU TO ABIDE WITH THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
4. Internet Links. The Site contains links to other Internet web sites maintained by third parties. These links are not endorsements of any products or services contained in those sites, and no information in those sites has been endorsed or approved by Chicago Digital Power, Inc. and WWW.CDPUPS.COM . Accordingly, you agree that Chicago Digital Power, Inc. and WWW.CDPUPS.COM is not responsible for any content, product, or services provided on these other Internet web sites. Likewise, you agree that Chicago Digital Power, Inc. and WWW.CDPUPS.COM is not liable for the content, products, or services of other Internet web sites that link to the Site. Linking to the Site via framing or deep-linking is expressly prohibited. To the extent applicable, you are responsible for complying with all local laws regarding material obtained from the Site or other linked sites.
5. Governing Law. This Agreement will be governed by, construed by, and enforced in accordance with, and subject to, the laws of the State of Texas, except to the extent superseded or preempted by the laws of the United States of America. If any provision of this Agreement is deemed invalid, unlawful, unenforceable, or void, you, Chicago Digital Power, Inc. and WWW.CDPUPS.COM agree that the validity and enforceability of the remaining provisions shall remain in full force and effect. By using the Site, you agree to submit to the exclusive jurisdiction of the Texas state courts located in Montgomery County, Texas, or the United States District Court for the Southern District of Texas to resolve any disputes arising out of your use of the Site or any interaction with Chicago Digital Power, Inc. and WWW.CDPUPS.COM regarding the Site.
6. Binding Effect. This Agreement shall be binding upon an inure to the benefit of the parties thereto and their respective heirs, representatives, successors, and assigns.
7. Termination. This Agreement shall remain in force and effect until terminated by Chicago Digital Power, Inc. and WWW.CDPUPS.COM . In the event of termination of this Agreement, all restrictions imposed upon you herein, including all disclaimers, waivers, releases, and limitations of liability, shall survive.
9. Equal Housing Opportunity. Chicago Digital Power, Inc. and WWW.CDPUPS.COM does not discriminate in housing on the basis of race, color, national origin, religion, sex, familial status, handicap, or disability.
10. Chicago Digital Power, Inc. s and WWW.CDPUPS.COM does not control what information is received when you access a web site through an outside link and does not have any control over what information, if any, is gathered from you visiting any web site other than the Site, or what uses are made of such information.
11. NOTICE FOR ALL BUDGET, FINANCIAL AND MORTGAGE TOOLS - These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
12. Chicago Digital Power, Inc. and WWW.CDPUPS.COM may provide a number of venues in which interactive services, such as online calculators, planning tools and checklists, are offered to you. Such services are offered by Chicago Digital Power, Inc. and WWW.CDPUPS.COM for the sole purpose of disseminating information for the public`s benefit. Chicago Digital Power, Inc. and WWW.CDPUPS.COM cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
13. All materials on the Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Chicago Digital Power, Inc. and WWW.CDPUPS.COM , its affiliates or its suppliers. © Copyright 2006Chicago Digital Power, Inc. - WWW.CDPUPS.COM . All rights reserved.