DKSWEBInc. Terms of Use Welcome to DKSWEBInc. supports freedom of speech, both on and off the Internet. However, the goal of this web site is to provide access to the whole internet community. To insure a safe, nonoffensive environment for all of our users, we have established our Terms of Use. It explains all what you can expect to see in this website and the proper way to use it. By accessing any areas of DKSWEBInc., users ("Users") agree to be legally bound and to abide by the terms set forth below. DKSWEBInc. an affiliate of Air System Contractor is owned and operated by Mark Santos . Any references herein to DKSWEBInc. shall be deemed to refer to DKSWEBInc. and/or DKSWEBInc. as applicable under the circumstances. I. TRADEMARKS DKSWEBInc. is a service marks of Air System Contractors or its affiliates. All rights reserved. These and other DKSWEBInc. graphics, logos and service marks and trademarks of DKSWEBInc. and its affiliates may not be used without prior written consent of DKSWEBInc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on DKSWEBInc. are the property of their respective owners. II. DISCLAIMERS AND LIMITATION OF LIABILITY User expressly agrees that use of DKSWEBInc. is at User's sole risk. Neither DKSWEBInc., nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that DKSWEBInc. will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of DKSWEBInc., or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through DKSWEBInc. THIS SITE IS PROVIDED BY DKSWEBInc. ON AN "AS IS"AND "AS AVAILABLE" BASIS. DKSWEBInc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DKSWEBInc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DKSWEBInc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DKSWEBInc. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall DKSWEBInc. or any other party involved in creating, producing, or distributing DKSWEBInc. be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use DKSWEBInc., including but not limited to reliance by a User on any information obtained from DKSWEBInc. or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DKSWEBInc.'s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through DKSWEBInc.. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. III. CONTENT a. PROPRIETARY RIGHTS User acknowledges that DKSWEBInc. contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DKSWEBInc. owns a copyright in the selection, coordination, arrangement, and enhancement of such products. IV. APPLICABLE LAW This site is created and controlled by DKSWEBInc. in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. DKSWEBInc. reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through DKSWEBInc. (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum. V. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and DKSWEBInc. regarding your relationship with DKSWEBInc. and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the DKSWEBInc. web site. The aforementioned Terms of Use are subject to change.
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