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Terms and Conditions
The following terms and conditions ("Terms and Conditions") govern
your use of this Web Site (the "Site"), and by accessing, viewing, or
using the material on the Site, you indicate that you understand and intend
these Terms and Conditions to be the legal equivalent of a signed, written
contract, and equally binding, and that you accept such Terms and Conditions
and agree to be legally bound by them. If you do not agree with the Terms
and Conditions, you are not granted permission to use the Site and should
exit immediately.
1. Proprietary Rights. All information and materials contained in
this Site are protected by law, including, but not limited to, United States
copyright law. Except as indicated, SCD, Inc is the owner of the copyright
in the entire content (including images, text and look and feel attributes)
and SCD,Inc. reserves all rights in that regard. Removing or altering the
copyright notice on any material on the Site is prohibited. SCD, Inc. also
owns a copyright in this Site as a collective work and/or compilation, and
in the selection, coordination, arrangement, organization and enhancement of
Site content. Any commercial use of Site content is prohibited without the
prior written consent of SCD,Inc. Except as indicated, SCD, Inc. owns all
trademarks, service marks or other logos featured on the Site. Use or misuse
of these trademarks, service mark or logos is expressly prohibited and may
violate federal and state law.
2. Communications With the Site. SCD, Inc. welcomes your questions,
feedback and suggestions. By transmitting any suggestions, information,
material, or other content (collectively, "Content") to SCD, Inc.,
you automatically grant SCD, Inc. the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, redistribute, transmit,
perform and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed for the full term of any rights that may exist in such
content. Further, SCD, Inc. is free to use any ideas, concepts, know-how,
techniques, and suggestions contained in any communications you send to this
Site for any purpose whatever, including but not limited to creating and
marketing products and/or services using such information.
3. No Solicitation or Offer. This Site is designed to provide general
information about SCD, Inc. and its products and services. Information on
the Site is not intended to constitute an offer to sell or a solicitation of
any particular product or service.
4. Accuracy of Information. SCD, Inc. welcomes you to review the
information and pages within this Site. The content is provided for your
personal information and education use only. SCD, Inc. strives to ensure
that the information contained in this Site is accurate and timely; however,
this Site may contain technical inaccuracies, errors or omissions. Your
access to and use of this Site and the information contained in this Site is
conditioned on your acknowledgement and agreement to the provisions of these
terms of use. We reserve the right to periodically change and add
information to this Site at any time, without or without notice.
5. Links to Other Web Sites. This Site may, from time to time,
contain links to other Internet Web sites for the convenience of users in
locating information and services that may be of interest. You acknowledge
that these third-party sites are maintained by persons or organizations over
which SCD, Inc. exercises no control, and SCD, Inc. expressly disclaims any
responsibility for the content, the accuracy of the information and/or
quality of products or services provided by or advertised on these
third-party sites. SCD, Inc does not control, endorse, promote, or have any
affiliation with any other Web site unless expressly stated in the Site.
6. Disclaimers. THIS SITE AND THE INFORMATION CONTAINED HEREIN, ARE
PROVIDED "AS IS," AND SCD, INC.HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liabilities. ALTHOUGH THE INFORMATION AND
RECOMMENDATIONS SET FORTH IN THIS SITE ARE BELIEVED TO BE CORRECT AS OF THE
DATE HEREOF, SCD, INC. MAKES NO REPRESENTATION AS TO THE COMPLETENESS OR
ACCURACY OF SUCH INFORMATION AND RECOMMENDATIONS. SCD, INC. SHALL NOT BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR
OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR THE
INFORMATION CONTAIN HEREIN. SCD, INC. SHALL IN NO EVENT BE RESPONSIBLE FOR
ANY DAMAGES OF WHATSOEVER NATURE DIRECTLY OR INDIRECTLY RESULTING FROM THE
PUBLICATION OR USE OF OR RELIANCE UPON SUCH INFORMATION AND RECOMMENDATIONS.
NO WARRANTY, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OR OF
ANY OTHER NATURE WITH RESPECT TO THE PRODUCT OR TO THE INFORMATION AND
RECOMMENDATIONS HEREIN MADE HEREUNDER.
8. Indemnification. You agree to defend, indemnify, and hold harmless
SCD,Inc., its affiliates and subsidiaries, and all of their respective
directors, officers, employees, representatives, proprietors, partners,
shareholders, servants, principals, agents, predecessors, successors,
assigns, and attorneys from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs, and expenses (including
attorney's fees and litigation expenses) relating to or arising from your
use of the Site and any breach by you of these Terms and Conditions.
9. Trademarks. "The Supply Chain Doctor" is a trademark of SCD,Inc.
Other trademarks used on the site are owned by their respective owners
10. Governing Law and Jurisdiction. This Agreement shall be
interpreted in accordance with the laws of the State of Texas, USA, without
regard to the conflicts of laws principles thereof. Solely for purposes of
this Agreement and the transactions contemplated hereby, you agree that any
and all disputes, legal actions, suits, or proceedings arising out of or
relating to your use of this Site and/or this Agreement, whether legal or
equitable in nature, or arising out of contract or tort claims, may be
brought in any Texas court located in Dallas County, State of Texas, USA. By
your use of this Site, you, regardless of your location, irrevocably submit
to the jurisdiction of the courts located in Dallas County, State of Texas,
United States of America, in any dispute, legal action, suit or proceeding
arising out of or relating to this Agreement or the transactions
contemplated hereby. You acknowledge that you have freely agreed to so
submit to jurisdiction and venue, and that without such agreement the courts
located in Dallas County, State of Texas, United States of America might not
otherwise have jurisdiction over you.
11. Entire Agreement. These Terms and Conditions constitute the
entire agreement between you and SCD, Inc. with respect to your use of this
Site. If any part of these Terms and Conditions is held to be invalid or
unenforceable for any reason, the remaining parts will remain in full force
and effect. You acknowledge that, in providing you access to and use of the
Site, SCD, Inc. has relied on your agreement to be legally bound by these
Terms and Conditions.
© 2005 SCD, Inc. All Rights Reserved
