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Speed Record S.A. ::: Disclaimer
Please read the terms
and conditions of use carefully before using this site. By using this
site, you agree to the terms of use. If you do not agree to the terms of
use, you may not use the site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of the terms at any time. Prices
and information are also subject to change at any time. Alterations of the
site in no way affect the terms themselves. Please check the terms
periodically for changes. Your continued use of the site following the
posting of changes to the terms will mean you accept those changes.
Restrictions
on Use
This site is owned by Speedrecord S.A. and
operated by E-Technik Website Development (PTY) LTD. (hereinafter
"E-Technik", "we", "us", or
"our"). No material from www.speedrecordsa.co.za or any web site
owned, operated, licensed, or controlled by E-Technik may be copied,
reproduced, republished, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, noncommercial use only. By doing so, you agree
to keep intact all copyright, trademark and other proprietary notices.
Modification of the materials or use of the materials for any other
purpose is a violation of E-Technik's intellectual property rights. For
purposes of these terms, the use of any such material on any other web
site or electronic network medium is prohibited. All trademarks, service
marks, and trade names are property of Speedrecord S.A..
In the event you
download anything from the site, the software, including any files,
images, or data accompanying the software (collectively, the
"software") are licensed to you by E-Technik for the limited use
described in the preceding paragraph. E-Technik transfers no right, title
or interest to the software to you. E-Technik retains full and complete
title to the software, and all intellectual property rights therein. You
may not redistribute, sell, decode, reverse engineer, disassemble, or
otherwise reduce the software to a human-perceivable form. If you are
interested in gaining permission for online use of photos, or permission
to use our logos and/or trail map online, please send us an email
outlining the specifics of your request.
Intellectual
Property
You expressly recognize and agree that
E-Technik's trademarks are the sole property of E-Technik or its
subsidiaries and affiliates. You do not have any right, title or interest
in such or any use thereof, including but not limited to the reproduction
of any such trademarks. You agree that all the trademarks have great value
and good will and, in the event of a breach of this section, injury to
E-Technik would be irreparable and, therefore, injunctive relief to
protect E-Technik's interests would be appropriate (without limitation as
to other damages which might be allowed by law).
Jurisdictional
Issues
Unless otherwise specified, the materials in
the site are presented solely for the purpose of promoting Speedrecord
S.A.. This agreement shall be governed by and interpreted in accordance
with the laws of the South Africa. Exclusive jurisdiction and venue for
any legal proceedings related to this agreement shall be in South Africa.
You hereby consent and submit to the jurisdiction of such courts for the
purposes of litigating any such action.
Disclaimer
This site is provided "as is" and
without warranties of any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, E-Technik disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. In no
way does E-Technik warrant the site or its operation will be error-free or
uninterrupted. In no way does E-Technik warrant that defects will be
corrected, or that the site is free from viruses and the like. In no way
does VRMC warrant use of the site in terms of accuracy, reliability, or
otherwise. You assume the entire cost of all necessary repairs.
Furthermore, Speedrecord S.A.expressly disclaims any responsibility for
the accuracy or reliability of sites that link to or from
www.speedrecord.co.za that are not produced by E-Technik. In no way does
Speedrecord S.A.warrant the security of transmission of information you
may be requested to provide such sites, and you hereby irrevocably waive
any claim against us with respect to such sites.
Limitation
of Liability
Under no circumstances shall E-Technik be
liable for any special or consequential damages that may occur during the
use of, or the inability to use, this site, even if E-Technik or an agent
of E-Technik has been advised of the possibility of such damages. Local
jurisdictions may prohibit the limitation of certain types of liability,
therefore this section may not apply to you. In any event, E-Technik's
total tort or contract liability to you for all damages, losses, and
causes of action will not exceed the amount paid by you for accessing this
site.
Miscellaneous
Severability. If any clause or provision of
this agreement shall be held to be invalid in whole or in part, then the
remaining clauses and provisions, or portions thereof, shall nevertheless
be and remain in full force and effect. Amendment. No amendment,
alteration, modification of or addition to this agreement shall be valid
or binding unless expressed in writing and signed by the parties to be
bound thereby.
Captions. The captions
of each section are added as a matter of convenience only and shall be
considered of no effect in the construction of any provision of this
agreement. Attorneys' fees. If any party hereto shall bring any suit or
action against another for relief, declaratory or otherwise, arising out
of this agreement, the prevailing party shall have and recover against the
other party, in addition to all court costs and disbursements, such sum as
the court may adjudge to be reasonable attorneys' fees.
Survival. Any and all
warranties, provisions, rights and obligations of the parties herein
described and agreed to be performed subsequent to the termination of this
agreement shall survive the termination of this agreement.
Waiver. Failure to
insist upon strict compliance with any of the terms, covenants and
conditions hereof shall not be deemed a waiver of such terms, covenants
and conditions, nor shall any waiver or relinquishment of any right or
power hereunder at any one or more times be deemed a waiver or
relinquishment of such right or power at any other time or times. No
waiver shall be valid unless in writing and signed by an authorized
officer of E-Technik.
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