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| Terms
& Conditions of Use |
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Information
This
Web site is owned by EGS Brokerage and its affiliates
("EGS"). |
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By
accessing, viewing, or using the systems, services or materials on any of
the EGS Brokerage Company's ("EGS") web sites, (e.g.,
"egsbrokerage.com," the "egswebs.com," or other
sites, which are collectively known as the "Site"), you indicate
your understanding of these "Terms and Conditions of Use," and
further agree to accept such Terms and Conditions of Use and to be legally
bound by them. |
| A.
AVAILABILITY AND USE OF MATERIALS ON THE SITE |
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"Materials"
include information, forms, documents, software and other content present
on or available to you from the Site. "Software" means any
computer software accessible to you on the Site. EGS may revise,
enhance or update the Materials at any time. You must use the latest
version or newest release of the Materials in accordance with the
procedures established by EGS. Materials which offer descriptions or
information on the products EGS sells are intended as general
information and may not contain complete descriptions of all applicable
terms, exclusions and conditions. Product availability varies by state. |
| B.
COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS |
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All service marks and logos located on the Site are owned by EGS unless
otherwise indicated. All Materials are EGS's property, unless otherwise
indicated. All Materials are protected by United States copyright laws and
all other applicable laws. Removal or reproduction, by any means, of any
Materials, logo, trademark, images, service mark, or the name of EGS or its
affiliates, is expressly prohibited without the prior written consent of
EGS. |
| C.
LICENSE TO USE MATERIALS |
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EGS
grants you a non-exclusive, non-transferable, temporary license to use
Materials other than the Software. EGS may revoke your license to use
any Material (including Software) at any time if you fail to comply with
this Agreement, or for any other reason. In no event shall the Materials
be used in any manner which EGS deems to be directly or indirectly in
competition with EGS or contrary to EGS's best interests. |
| D.
LICENSE TO USE SOFTWARE |
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Permission
to use the Software is granted only if you have registered to use the
egswebs.com, or other Site segment containing Software. If you are thus
permitted to use the Software, EGS grants you a non-exclusive,
non-transferable, temporary license to use the Software. The Software is
the sole and exclusive property of EGS, or EGS's third party vendor,
as identified by the Software. If EGS's authorization to use third
party Software expires or terminates, your license to use the Software is
immediately and automatically revoked. You agree to use the Software
exclusively in conjunction with the marketing of EGSs products and in
accordance with procedures established by EGS. Under no circumstances
other than for backup or archival copying purposes may you copy the
Software or any portion thereof without EGS's prior written consent.
You are not otherwise authorized to copy, reverse engineer, decompile, or
use the Software in any manner other than as expressly authorized in this
Agreement. |
| E.
CHARGES |
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If
EGS discloses at the time of your use or download of any Materials that
EGS will charge you for use of the Materials, then your use of those
Materials means that you agree to pay to EGS any license or use fee
then being charged by EGS to use specified Materials. All such fees are
non - refundable. |
| F.
COMMUNICATIONS WITH THE SITE |
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Except
as required by privacy laws, if you elect to communicate with EGS via
the Site or e-mail, you acknowledge that the information contained in your
message shall not be considered confidential and that EGS shall be free
to disclose or otherwise use such information contained therein without
any liability or limitation, including but not limited to creating and
marketing products and/or services using such information. EGS is not
responsible and shall not be liable for the contents of information,
messages or other content posted to the Site by visitors or persons other
than EGS employees. Opinions or comments contained in such items
reflect the views of the author and not of EGS unless EGS expressly
states to the contrary. |
| G.
LINKS TO OTHER WEB SITES |
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The
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 which EGS does not control, and EGS 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. EGS does not control, endorse,
promote, or have any affiliation with any other Web site unless expressly
stated in the Site or in the other Web Site. |
| H.
USE OF THE INTERNET |
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Use
of the Internet is solely at your own risk and is subject to all
applicable state, national and international laws and regulations. While
EGS endeavors to apply security protocols which are necessary and
appropriate to the types of electronic communications which occur through
use of the Site, the confidentiality of any communication or material
transmitted to or from EGS via the Site, other Web Sites or Internet
electronic mail cannot be guaranteed, including personal information such
as your address, telephone number, social security number, health conditions, etc. EGS will not be liable for
any loss resulting from a cause over which we have no direct control,
including but not limited to, failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors,
severe weather, earthquakes, natural disasters, strikes or other labor
problems, wars, or governmental restrictions. |
| I.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY |
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USE
OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL EGS BE
LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD
PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY
MATERIALS, EVEN IF EGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. EGS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE
OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES
WILL THE TOTAL LIABILITY OF EGS TO YOU EXCEED THE PRICE PAID FOR USE OF
THE SITE. THE SITE AND MATERIALS ARE PROVIDED "AS IS." TO THE
MAXIMUM EXTENT PERMITTED BY LAW, EGS DISCLAIMS ALL WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. EGS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY
HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR
UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR
MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY
PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR
EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. |
| J.
INDEMNIFICATION AND INJUNCTION |
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You
agree to defend, indemnify, and hold harmless EGS, its affiliates and
subsidiaries, and all of their respective owners, 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, any
breach by you of these Terms and Conditions, your negligent or intentional
acts, errors or omissions in regard to the subject matter of this
Agreement, or your failure to comply with applicable laws. |
| K.
GOVERNING LAW AND JURISDICTION |
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This
Agreement is governed by the laws of the State of Tennessee without regard
to that state's principles of conflicts of laws. Your consent to the
jurisdiction of the federal and state courts presiding in Dandridge,
Tennessee,
and agree to accept service of process by mail and hereby waive any and
all jurisdictional and venue defenses otherwise available. This Site is
controlled and operated by EGS from its offices within the United
States. EGS makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them
from territories where their contents are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own
volition and are responsible for compliance with applicable local laws. |
| Product
Notice |
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The product information contained on this Web Site has been prepared for
informational purposes only and is not intended to constitute a
solicitation or offer for sale. All products listed may not be available
in all states. For further information, please contact your nearest EGS
Representative who can provide you with costs and complete details. |
| Terms
& Conditions of Use |
|
Your
use of any of the EGS web sites is subject to certain "Terms
and Conditions of Use." |
|
EGS Brokerage / EGSBROKERAGE.COM
Dandridge, TN 37725
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