Please read this agreement
("Agreement") carefully before accessing or using this web site ("Site"). By
accessing or using the Site, you agree to be bound by this Agreement. Ellwood Associates, and its suppliers provide the information and services on this
Site to you, the user, conditioned on your acceptance without modification of
the terms, conditions and notices contained herein. Your use of this site
constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this Site are provided with the
understanding that neither Ellwood Associates, nor its suppliers or users
are engaged in rendering legal or other professional services or advice. Your
use of the Site is subject to the additional disclaimers and caveats that may
appear throughout the Site.
Ellwood Associates, and its agents assume no responsibility for any
consequence relating directly or indirectly to any action or inaction that you
take based on the information, services or other material on this Site. While
Ellwood Associates and its suppliers, strive to keep the information on
this Site accurate, complete and up-to-date, Ellwood Associates, and its
suppliers cannot guarantee, and will not be responsible for any damage or loss
related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION:
PROHIBITED
USES
You may access, download and print materials on this Site for
your personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, frame in another Web page, use on any other web site, transfer or sell any
information, software, lists of users, databases or other lists, products or
services obtained from this Site. The foregoing prohibition expressly includes,
but is not limited to, the practices of "screen scraping" or "database scraping"
to obtain lists of users or other information. If and when requested by Ellwood Associates, you agree to provide true, accurate and complete user
information and to refrain from impersonating or falsely representing your
affiliation with any person or entity. Except with the written permission of
Ellwood Associates, you agree to refrain from accessing or attempting to
access password protected, secure or non-public areas of this Site. Unauthorized
individuals attempting to access prohibited areas of this Site may be subject to
prosecution.
NO UNLAWFUL OR PROHIBITED USE
As a condition
of your use of this Site, you warrant to Ellwood Associates, that you
will not use this Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. If you violate any of these terms, your
permission to use the Site automatically terminates.
LIABILITY DISCLAIMER
You use this Site at your
own risk. If your use of this Site or the materials therein results in the need
for servicing or replacing property, material, equipment or data, neither Ellwood Associates, nor its affiliates are responsible for those costs. THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Ellwood Associates, ITS AFFILIATES AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY
TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. IN NO EVENT SHALL Ellwood Associates, ITS
AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY
INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF Ellwood Associates, ITS AFFILIATES OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend
and hold harmless Ellwood Associates, its affiliates and suppliers from
any liability, loss, claim and expense (including attorneys' reasonable fees)
related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
This Site may
contain hyperlinks to web sites operated by parties other than Ellwood Associates, or its affiliates. Inclusion of hyperlinks by Ellwood Associates, to web sites does not imply any endorsement of the material on
such web sites or any association with their operators, and you access and use
such sites, including information, material, products and services therein,
solely at your own risk. Furthermore, because the privacy policy you just read
is applicable only when you are on our Site, once linked to another web site,
you should read that site's privacy policy before disclosing any personal
information.
CHANGES TO SITE
Ellwood Associates, its
affiliates and/or its suppliers may make improvements or changes in the
information, services, products, and other materials on this Site, or terminate
this Site, at any time without notice. Ellwood Associates, may modify
this Agreement at any time, and such modifications shall be effective
immediately upon posting of the modified Agreement. Accordingly, you agree to
review the Agreement periodically, and your continued access or use of this Site
shall be deemed your acceptance of the modified Agreement.
MISCELLANEOUS
This Agreement and the
resolution of any dispute related to this Agreement or this Site shall be
governed by and construed in accordance with the laws of California, without
giving effect to any principles of conflicts of law. Failure by Ellwood Associates, or its affiliates to insist upon strict enforcement of any
provision of this Agreement shall not be construed as a waiver of any provision
or right. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of this Site or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred. Any legal action or proceeding between Ellwood Associates, and/or its affiliates and you related to this Agreement shall
be brought exclusively in federal district court.