As between you and Allied, Allied retains the copyright in all of the material on this Site (“Content”) and any or all viewable or downloadable documents, including but not limited to graphics, photographs, documents, software and PDF files, as a collective work under applicable copyright laws. You may not republish the information from the Site in books, online services, or any other media now known or later developed, and you may not reproduce, duplicate, copy, sell, resell, exploit or distribute such information or content, in whole or in part, for any commercial or other purpose without the express written permission of Allied.
You may access and view the Content on the Site on your computer or other Internet compatible device, and you may print, reproduce and use the information in, and retrieve downloadable files containing software or images from the Site for your noncommercial, personal, or educational purposes only, provided that you do not modify such information, and that you include any copyright notice originally included with such information and this notice in all such copies. Your use of the Site does not grant to you ownership of any Content you may access therein.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on Content displayed or available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Allied may terminate, change, suspend or discontinue any aspect of the Site at any time. Allied may restrict, suspend or terminate access to the Site for any other reason without notice or liability.
Use “As Is”:
Your use of the Site and the Site’s Content is at your sole risk. The Site, the Site’s Content is provided on an “as is” and “as available” basis. Allied EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Allied makes no warranty that: (a) the Site and the Site’s Content will meet your requirements, (b) Site or the Site’s Content will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site or the Site’s Content will be accurate or reliable, (d) the quality of any information or other material which may be downloaded or otherwise obtained by you through the Site will meet your expectations, or (e) or any defects on the Site will be corrected. Allied makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Site including without limitation the accuracy, completeness, usefulness or reliability of text, graphics, links and other items accessed from or via this server or the Internet, including products, samples, discounts and/or deals provided by third parties. Allied also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
This Web site may contain general health-related information regarding such subjects as bacteria, microbes and infection. Such information (even if provided by a doctor) is provided for your information only and reliance on such information is at your own risk and is not intended to be a substitute for advice provided by a doctor or other qualified health care professional. You should consult with a doctor or other health care professional for medical advice or information regarding the potential likelihood and impact of an infection.
Release of Allied:
Allied, its officers, directors, employees, shareholders, successors or heirs (the “Protected Entities”) shall in no event be liable for any claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Site or the Content, materials and functions related thereto, your provision of information via the Site, (b) lost business or lost sales, even if such protected entity has been advised of the possibility of such damages; or (c) any misprints or inaccuracies that may be found to exist on the Site.
You agree to defend, indemnify and hold Allied and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site your transmission of any message, Content, information, software or other materials available on or through the Site, or your breach or violation of the law or of these Terms and Conditions. Allied reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Allied’s defense of such claim.
Terms Governing International Use:
We control and operate the Site from our offices in the United States of America. We do not represent that materials or Content on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Site will be transferred to and processed within the United States of America.
Linking to the Site:
Other Internet Web sites may freely provide hypertext or “Hot Links” to the home page of the Site, provided that they are not “deep” links (i.e., links other than to the home page of the Site), and provided further that they are not “framed,” surrounded or obfuscated by other non-Allied content, materials or branding. We may insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other Web site at any time upon written notice to you.
Governing Law, Miscellaneous:
These Terms and Conditions and the relationship between you and Allied shall be governed by the laws of the United States and the State of Texas, without regard to its conflict of law provisions. You and Allied agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. All parties to these Terms and Conditions waive their respective rights to a trial by jury. The failure of Allied to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. 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 the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.