Terms and Conditions of Website Use
Updated September 2004
Please read these Terms and Conditions carefully before using the Site. By using this Site you signify your consent to these Terms and Conditions. As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. Your continued use of this Site after such modifications are posted will constitute your agreement to such changes.
Use of Materials
You may print or have printed by a third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
Copyrights, Trademarks and Other Proprietary Rights
You acknowledge and agree that all content and materials available on this Site, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials are the property of Bite Tech, Inc. unless otherwise noted. Bite Tech, Inc. is protected under the intellectual property and other laws of the United States, Minnesota and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Bite Tech, Inc.’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Bite Tech, Inc.’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Bite Tech, Inc.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE INCLUDING ALL ITS CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BITE TECH, INC. DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Limitation of Liability
IN NO EVENT SHALL BITE TECH, INC. OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS AND FUNCTIONS THEREOF WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE, OR ANY OTHER LEGAL THEORY, EVEN IF BITE TECH, INC. HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF BITE TECH, INC. TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED IN WARRANTY, CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00US.
You shall indemnify, defend and hold harmless BITE TECH, INC., its officers, directors, employees and agents (collectively, the "Indemnified Parties"), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, or your violation of any rights of another. Bite Tech, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Bite Tech, Inc.
This Agreement constitutes a binding agreement between you and Bite Tech, Inc. until terminated by you or Bite Tech, Inc., which Bite Tech, Inc. may do at any time, without notice, at Edge Sports’. sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Minnesota, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of Minnesota for any action arising from or relating to the Terms and Conditions or your browsing or use of this Site.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Bite Tech, Inc. to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and Bite Tech, Inc. and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.
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