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TERMS OF USE for TrekEnergy.com |
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| PLEASE READ THE FOLLOWING NOTICES CAREFULLY BEFORE USING THE TREK ENERGY WEB SITE (the "Web Site"). By accessing any area of the Web Site, the user acknowledges this notice, and agrees to the terms and conditions, set out below.
KERT Technologies, Inc. reserves the right, at any time, to modify, alter, or update these terms of use. Except where stated otherwise, the term "Trek" used on the Web Site shall be deemed to include KERT Technologies, Inc. and their respective affiliates, subsidiaries, successors and assigns. TRADEMARKS AND COPYRIGHTS The material contained on the Web Site, including all content, site design, text, graphics, and the selection and arrangement thereof are copyright ©. ALL RIGHTS RESERVED. No material from the Web Site or any web site owned, operated, licensed or controlled by Trek Energy, may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Web Site only for the purpose of placing an order with Trek Energy or using the Web Site as a shopping resource. The use of any such material for any other reason, on any other web site, or the modification, distribution or republication of this material without the prior written consent of KERT Technologies, Inc. is strictly prohibited. DISCLAIMER Trek Energy obtains product photographs, nutritional information and ingredients from manufacturers and other third parties. This may include taking information directly from product packaging. Trek Energy does not investigate the accuracy of this information, nor guarantee the accuracy of data entry. Manufacturers may also change ingredients or nutritional information without our knowledge. Accordingly the information displayed on the Web Site is not guaranteed to be accurate and the actual item should be considered the authoritative source. From time to time as a service to users of the Web Site, Trek Energy may include links to other web sites over which Trek Energy has no control. In such cases, Trek Energy provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such web sites, and the user hereby irrevocably waives any claim against Trek Energy with respect to such web sites. Price and availability information is subject to change without notice. LIMITATION OF LIABILITY EXCEPT AS SPECIFICALLY STATED ON THE WEB SITE, NEITHER TREK ENERGY NOR ANY OF ITS DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY HYPERLINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THESE LIMITATIONS APPLY EVEN IF TREK ENERGY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ORDERS GOVERNING LAW AND JURISDICTION NO SOLICITATION CONTACT
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