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Terms and Conditions
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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
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By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.
This 'Terms of Usage Agreement ("Agreement") informs visitors of the rules and policies that govern our web site communities. We use the term "visitors" to include both registered members of our web site communities and any other person that accesses our web site at any point for any amount of time, unless designated otherwise. Visitors are expected to follow any posted guidelines or rules. The term Customer includes client both current and past along with potential customers of 411 Technology Systems services and products.
We may update this Agreement from time to time without notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this web site. All visitors and customers have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of this web site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE THIS SITE.
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1. PAYMENT FOR SERVICES AND/OR PRODUCTS
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Customer shall pay 411 Technology Systems as is set forth on this web site the full amount in good funds in United States Dollars. Unless agreed and approved by 411 Technology Systems, all payment terms are Cash in Advance. All Sales are Final except as provided herein, no set-off's or discounts are allowed against any invoice without prior written approval from 411 Technology Systems.
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2. SALE OF PART(S) AND/OR PRODUCT(S)
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All sales are final and are non-cancellable and non-returnable except as provided herein. All sales are FOB San Marcos, California, 92078, United States of America. All sales are covered under the manufactures warranty and guarantees as provide by the manufacture of such part(s) and or product. 411 Technology Systems makes no claim for the serviceability or usability of the product and relies on the customer to determine the suitability of the product and/or part(s) for the customers use. Title to the product passes to the customer at our facility. Customer is responsible for all transportation cost and insurance from our plant to the customers delivery point. All international shipments must be paid in advance of shipment by means of a wire transfer to our bank in United States Dollars.
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3. TITLE TO PART(S) AND/OR PRODUCT(S)
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Customer agrees that title to the purchased part(s) and/or product(s) shall be vested in 411 Technology Systems until such time as Customer pays to 411 Technology Systems the full consideration therefore as per the invoice(s) rendered.
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4. INTEREST
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Any sums due to 411 Technology Systems hereunder, which are not paid on or before the date payment is due shall be subject to one and one-half percent (1.5%) per month interest charge commencing from the invoice date.
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5. RETURNS OF PART(S) AND/OR PRODUCT(S) FROM CUSTOMER
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All sales are final and are non-cancellable and non-returnable except as provided herein. In the event that the customer wishes to return part(s) and/or product(s) already paid, 411 Technology Systems may authorize such returns and charge a restocking and handling fee equal to twenty percent (20%) of the sale price of such part(s) and/or product(s). 411 Technology Systems will accept return of unused product for a period of seven (7) days following the authorization of such returns. Subsequently, 411 Technology Systems, in its sole discretion, may accept return of unused product for credit equal to the purchase price of such product less a twenty percent (20%) restocking charge. For a period of seven (7) days following the date upon which a product becomes non-functional, 411 Technology Systems will accept for credit or exchange, at its sole discretion, the unused portion of the product as verified and refunded to 411 Technology Systems. No credit or refund will be given for product purchased more than thirty (30) days prior to the date of return. Customize part(s) are not returnable and non-cancellable.
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6. TAXES
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411 Technology Systems sell its' services and product on a retail level and as such will collect sales tax on all transactions as allowed by the State of California. Our wholesale Customer that holds a valid resale certificate for the purchase of all parts and/or products shall provide a valid copy of the certificate prior to the delivery of any orders along with any other required documentation signed by an authorized official of the company before 411 Technology Systems can waive any sales taxes. Customer agrees to be responsible for the collection and remittance of all local and state sales and/or use taxes imposed or retroactively imposed in connection with this purchase. The Customer certifies that this purchase is not for its' own use and is for resale in conformance with current state and local sales and use tax law(s) any other purchase will be subject to sales and use tax which the Customer acknowledges is the subject to such taxes.
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7. PROMOTIONAL, SAMPLES AND EVALUATION MATERIALS AND OR PRODUCTS
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Customer agrees and acknowledges that it is the Customer's responsibility to make certain that any and all promotional, sample and/or evaluation material supplied by 411 Technology Systems is the property of 411 Technology Systems and shall be returned to 411 Technology Systems promptly after a reasonable period of time to test and/or evaluate such product. The Customer agrees to hold such material including drawings, know how in strict confidante and not allow or permit any reverse engineering of said material.
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8. SERVICES PROVIDED BY 411 Technology Systems
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Customer understands and acknowledges that 411 Technology Systems is both a distributor of part(s) and/or product(s) for various manufacturers and a valued added provider of customized solutions of product(s) and part(s). Customer also understands and acknowledges that 411 Technology Systems has no control over the product(s) and/or part(s) provided by the various manufactures that are distributed by 411 Technology Systems. The Customer understands and acknowledges that 411 Technology Systems can not be held responsible for delays in delivery of part(s) and/or product(s)Â caused by or the result of various manufactures of such part(s) and/or product(s) for any reason whatsoever. Customer agrees to provide and work on developing proper documentation including design; plans, specification and other necessary documents for the bidding, pricing and building customize solutions for the Customer. Furthermore, Customer acknowledges that once a product has been modified by 411 Technology Systems for the benefit of the Customer any cost incurred by 411 Technology Systems to undue the customization shall be paid for by the customer and billable at the then prevailing hourly billing rate for such work. The Customer acknowledges that such design intellectual property is the sole property of 411 Technology Systems.
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9. WARRANTY
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411 Technology Systems shall pass through to purchaser such warranties as are provided to 411 Technology Systems by the manufacture of such parts. The manufacturer's warranties passed on to Customer hereunder shall be the exclusive warranties provided to Customer hereunder. NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ISÂ MADE; AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
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10. LIMITATION OF LIABILITY
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Purchaser's sole and exclusive remedy relating to purchases under this Agreement shall be the remedy afforded by the service provider to Customer and/or Customer's customers. In no event shall 411 Technology Systems be liable under this Agreement for lost profits or revenues, or other incidental, special, or consequential damages. In no event shall damages awarded against 411 Technology Systems exceed the purchase price paid for the product out of which any claim may arise.
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11. CONSENT TO PERSONAL JURISDICTION AND VENUE; CHOICE OF LAW
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Any suit, action or other legal proceeding arising out of this Agreement shall be brought in the courts of the State of California. The parties to this Agreement hereby agree to, contract for and consent to the personal and subject matter jurisdiction of such court in any such suit, action or proceeding, and waive any objection which any of them may have to the laying of the venue of any such suit, action or proceeding in San Diego County, California. Except that, in the event that any suit or legal proceeding arising out of the Agreement is based on a claim over which exclusive jurisdiction is vested in the Courts of the United States, such suit, action or legal proceedings shall be brought in the Courts of the United States for the State of California. The Parties agree that this Agreement, being executed and delivered in the State of California, is to be construed and interpreted in accordance with the doctrines of choice of Laws, conflict of laws or comity.
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12. INCORPORATION
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In the event that Customer has entered into any other agreements with 411 Technology Systems including any other invoices for part(s) and/or product(s), the terms and conditions of this invoice shall be deemed to be complimentary to and not in lieu of the terms and conditions contained in such Agreements. The terms of this invoice supersedes any conflicting terms contained in any purchase order.
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13. ATTORNEY'S FEES
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In the event 411 Technology Systems employs the services of an attorney to effect the collection of any sums due hereunder, or to recover any part(s) and/or product(s), 411 Technology Systems shall be entitled to recover from Customer reasonable attorney's fees and costs incurred by 411 Technology Systems in effectuating such collection or recovery.
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14. CUSTOMER
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For purposes of this Agreement the term "Customer" shall have the meaning afforded such term in the trade and shall specifically include, Customers' employees, officers, directors, independent contractors, sales representatives, buyers, successors and/or assigns.
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15. HEADING AND GENERAL RIGHTS
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Heading are for a matter of convenience for the reading of these terms and conditions. 411 Technology Systems reserves the right to modify and change these terms and conditions without prior notice.
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16. RESTRICTIONS ON USE OF MATERIALS
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Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by the various companies whose product is listed and/or presented including 411 Technology Systems and/or its' parent company, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.
No Content from the Web site may be copied, reproduced, framed, hyper linked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from reprints@411techsystems.com, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyper link to the Web site, you may do so provided you agree to cease such link upon request from 411 Technology Systems. No other use is permitted without prior written permission of 411 Technology Systems.
Modification of the Content or use of the Content for any other purpose is a violation of 411 Technology Systems copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to 411 Technology Systems.
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17. USAGE BY CHILDREN UNDER 13
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The Web site is directed to adults and is not directed to children under the age of 13. 411 Technology Systems cannot prohibit minors from visiting the Web site. 411 Technology Systems must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. 411 Technology Systems complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever 411 Technology Systems collects data within the Web site, such as during the registration process.
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18. JURISDICTION
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Unless otherwise specified, the Content on the Web site is presented solely for the purpose of promoting 411 Technology Systems as an LCD Distributor and provider of custom solution for its' clients and other products available in the United States, its territories, possessions, and protectorates. The Web site is controlled and operated by 411 Technology Systems from its offices within the States of California. 411 Technology Systems makes no representation that Content on the Web site is appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the exten local laws are applicable.
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Choice of Law and Forum
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411 Technology Systems is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of this web site will be subject to the exclusive jurisdiction of the courts located within the state of California, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
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OTHER
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These terms shall be governed by and construed in accordance with the laws of the State of California. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Diego County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Service must be filed within one (1)Â year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by 411 Technology Systems. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement this Agreement shall take precedence. 411 Technology Systems' failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
All users, including those users who access the Web site from a country other than the U.S., agree that the laws of the State of California shall govern any dispute, including those arising from 411 Technology Systems' use of personal information or otherwise relating to privacy, as specified in the Your Privacy.
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19. DISCLAIMER
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THE CONTENT IN THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 411 TECHNOLOGY SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 411 TECHNOLOGY SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 411 TECHNOLOGY SYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 411 TECHNOLOGY SYSTEMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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20. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 411 TECHNOLOGY SYSTEMS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF 411 TECHNOLOGY SYSTEMS OR A 411 TECHNOLOGY SYSTEMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 411 TECHNOLOGY SYSTEMS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
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21. NOT ENGINEERING ADVICE
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The Content contained on the Web site has been prepared by 411 Technology Systems as a service to its readers and the Internet community and is not intended to constitute engineering advice, which can only be done with exact specification and a formal proposal and bid process. 411 Technology Systems has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk.
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22. OTHER PRODUCTS
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Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyper link, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by 411 Technology Systems. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of 411 Technology Systems.
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23. LINKS TO OTHER WEB SITES AND SERVICES
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To the extent that the Web site contains links to outside services and resources, 411 Technology Systems does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
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24. ADVICE AND OPINIONS
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Our web site contains facts, views, opinions and statements of third parties and other organizations. 411 Technology Systems, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our web site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that 411 Technology Systems, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our web site.
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25. DISCLAIMER OF WARRANTIES
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THE INFORMATION ON OUR WEB SITE IS PROVIDED "AS IS." 411 TECHNOLOGY SYSTEMS DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, 411 TECHNOLOGY SYSTEMS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER 411 TECHNOLOGY SYSTEMS NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, REQUEST FOR RMA AUTHORIZATION, RESUME OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; (V) OR FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF 411 TECHNOLOGY SYSTEMS OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL 411 TECHNOLOGY SYSTEMS, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF 411 TECHNOLOGY SYSTEMS, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEB SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. 411 TECHNOLOGY SYSTEMS, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEB SITE.
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