PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
EXCALIBUR SERVICES INTERNATIONAL, INCORPORATED ONLINE WEB SITE USE AGREEMENT
This Web Site Use Agreement ("Agreement") is entered into by you, Excalibur Services International Inc. (Referred to herein as “Excalibur Services”). The Excalibur Services Online Web Site http://www.excaliburservices.com is comprised of various web pages, tools, information, software, content, software, and features (collectively, "Excalibur Services Website") operated by Excalibur Services.
If you do not agree to the terms of this Agreement, you must immediately stop your use of the Excalibur Services Web Site.
1. SCOPE OF EXCALIBUR SERVICES WEB SITE
Excalibur Services makes the Excalibur Services Web Site available to users at no charge. The features of the Excalibur Services Web Site may include but are not limited to, account management tools and connections to certain content (news, weather and sports, for example).
2. REGISTERED USERS
You agree that the information you provide during the Excalibur Services Web Site registration is accurate and that you are 18 years of age or older.
3. NO WARRANTY
EXCALIBUR SERVICES PROVIDES THE EXCALIBUR SERVICES WEB SITE ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE EXCALIBUR SERVICES WEB SITE IS WITH YOU. IN ADDITION, EXCALIBUR SERVICES DOES NOT WARRANT THE SECURITY OF THE EXCALIBUR SERVICES WEB SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. EXCALIBUR SERVICES IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE EXCALIBUR SERVICES WEB SITE.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL EXCALIBUR SERVICES BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE EXCALIBUR SERVICES WEB SITE, PROVISION OF OR FAILURE TO PROVIDE THE EXCALIBUR SERVICES WEB SITE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE EXCALIBUR SERVICES WEB SITE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE EXCALIBUR SERVICES WEB SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE EXCALIBUR SERVICES WEB SITE, EVEN IF EXCALIBUR SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EXCALIBUR SERVICES WEB SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, EXCALIBUR SERVICES'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. RIGHT TO CHANGE, MODIFY OR TERMINATE EXCALIBUR SERVICES WEB SITE
Without prejudice to any other rights that Excalibur Services may have, Excalibur Services reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Excalibur Services Web Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or Excalibur Services terminate this Agreement, you must immediately stop using the Excalibur Services Web Site.
6. CHANGES TO AGREEMENT
Excalibur Services reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to your use of the Excalibur Services Web Site) by posting such revisions to the Excalibur Services’ Guidelines and Policies page located at http://www.excaliburservices.com/policies.html/. You agree to visit this web site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the Excalibur Services Web Site after revisions are in posted, you accept the revisions and agree to abide by them.
7. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Excalibur Services Web Site (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, or text incorporated into the software, and any copies of the software), are owned by Excalibur Services, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Excalibur Services Web Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the Excalibur Services Web Site other than the right to use the Excalibur Services Web Site according to the terms of the Agreement.
You agree to defend, indemnify and hold harmless Excalibur Services and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you (or any parties who use your computer, with or without your permission, to access the Excalibur Services Web Site); (b) the use of the Excalibur Services Web Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your computer to access the Excalibur Services Web Site, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the Excalibur Services Web Site, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Excalibur Services Web Site or the Internet.
9. MANAGEMENT OF YOUR DATA
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Excalibur Services Web Site. Minimum systems requirements apply to the use of the Excalibur Services Web Site and it is your responsibility to ensure your computer system complies with these requirements. You are responsible for management of your information, including but not limited to back up and restoration of data, erasing data from disk space you control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information. Excalibur Services is not responsible for back up and restoration of your information or for any loss of or disablement of access to your information.
10. LIMITATIONS ON USE
a. The Internet is an international computer network of both government and non-government inter-operable packet switched data networks. The Internet is not owned, operated or managed by, or in any way affiliated with Excalibur Services, and Excalibur Services is not responsible for and has no control over the information or materials accessible via the Internet through use of the Excalibur Services Web Site.
b. You agree that your use of the Excalibur Services Web Site and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
c. You agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the Excalibur Services Web Site are beyond Excalibur Services’ control and are not in any way warranted or supported by Excalibur Services. You agree that Excalibur Services cannot and does not guarantee or warrant that any files available for downloading through the Excalibur Services Web Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
d. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. Excalibur Services is not responsible for invalid destinations, transmission errors, or corruption, interception or security of your data.
e. You understand and agree that Excalibur Services does not warrant the Excalibur Services Web Site to be uninterrupted or error-free. You further understand and agree that Excalibur Services has no control over third party networks or web sites that you may access in the course of your use of the Excalibur Services Web Site, and that delays and disruptions of other network transmissions are completely beyond the control of Excalibur Services.
11. MISCELLANEOUS PROVISIONS
a. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
b. The Excalibur Services Web Site contains third party links and it is provided by Excalibur Services only as a convenience to its users. Any web sites linked to or from the Excalibur Services Web Site are not reviewed, controlled, or examined by Excalibur Services and Excalibur Services is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Excalibur Services Web Site does not imply endorsement of the linked site or content by Excalibur Services. In no event shall Excalibur Services be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.
c. The terms of this Agreement apply only to your use of the Excalibur Services Web Site and do not apply to your use of any other Excalibur Services product or service. The terms and conditions applicable to such other Excalibur Services products or services shall apply to and govern your rights and obligations (and ours) with respect to your use of such other products or services.
d. You and Excalibur Services agree that the substantive laws of the Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.
e. For your reference, you may refer to the copy of this Agreement that can be found on our policy link located on Excalibur Services’ home page. You may also receive a copy of this Agreement by writing us at: Excalibur Services International,P.O. Box 1106 Palm Harbor FL 34683, ATTN: User Agreement
h. This Agreement constitutes the entire agreement between you and Excalibur Services with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement may be revised by Excalibur Services as set forth in Paragraph 6, "Changes to Agreement", above. Any terms varying from this Agreement in any written or electronic communication from you are void.