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All contents copyright © 1996 - 2001 Directed Electronics. All
rights reserved.
The Directed Electronics. Web Site is comprised of various Web sites
and Web pages operated by Directed Electronics and its affiliates
(collectively, the "Directed Web Sites").
No portion of this service may be reproduced in any form, or by any means,
except as authorized below, without prior written permission from
Directed Electronics (Terms of Use last updated May 9, 2001).
1. Acceptance of Terms through Use
By accessing this Web Site ("Site"), you agree to all terms, conditions,
and notices contained or referenced in these "Terms of Use." If you
do not agree to these Terms of Use, please do not use this Site. The content
and other materials (collectively the "materials") available on this
Site are proprietary to Directed Electronics("Directed") and
are provided as a courtesy to users only. Directed reserves the right to update
and change these Terms of Use from time to time at our sole discretion. Please
check the Terms of Use periodically for changes. Your continued use of this
Site following the posting of any changes to the Terms of Use constitutes acceptance
of those changes. In the case of any violation of these Terms of Use, Directed
reserves the right to seek all remedies available in law and equity for such
violations.
2. Use of Site
You acknowledge and agree that all materials available on this Site are protected
by copyrights, trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws, and that any unauthorized use of the materials
may violate such rights and laws. Except as stated herein, none of the materials
may be copied, reproduced, distributed, republished, modified, downloaded,
displayed, posted or transmitted, in whole or in part, in any form or by
any means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Directed.
Directed authorizes you to view and download the materials at the Site only
for your personal, non-commercial use, provided that you retain all copyright
and other proprietary notices contained in the original materials on any
copies of the materials. Any use of the materials on any other Web site,
server, or networked computer environment for any purpose is expressly prohibited.
If you violate these Terms of Use, your authorization to use this Site automatically
terminates and you must immediately destroy any downloaded or printed materials
obtained from the Site.
3. Use of Software
If you download software from this Site ("Software"), use of the
Software is subject to the license terms in the Software License Agreement
that accompanies or is otherwise provided with the Software. You may not download
or install the Software until you have read and agreed to the terms of the
Software License Agreement.
4. U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the Government is subject to restrictions as
set forth in applicable laws and regulations. Use of the materials by the Government
constitutes acknowledgment of Directed's proprietary rights in them.
5. Trademarks
A partial list of U.S. Trademarks owned by Directed follows. Any questions
concerning the use of these Trademarks or whether a Trademark that does not
appear on this list is a Trademark of Directed should be referred to Directed's
Intellectual Property department at U.S. 1-(760) 598-6200.
Directed Trademarks and Service marks
Viper, Clifford, Cliffalarm, Sidewinder, Merlin, Sniper, Hornet, Equalizer,
Failsafe, Avital, Valet, Ibeam, CallGuard, Invisibeam, Python, Snake Design,
VRS, Wasp, Boa, No One Dares Come Close, Rattler, Security for the Best,
Auto-Mate, DEI, Voiceshield, Legi-lite, Nite-Lite, Scan-Safe, Etch-it, Warn
Away, Doubleguard, Nuisance Prevention, Safe-Lite, Stinger, Code Plus, Back
Talk, Effective Vehicle Security, Soft Chirp, Revenger, There is no Antidote
Putting the Sting On Crime, It's Your Car Keep it that Way, Proguard, Hornet
(bug image), Primesecurity, Q-Start Voice, The Clear Difference, DEI, Python,
DEI AUDIO, Virtual Link, VirtualKey, Rock Solid, Auto Key, NCP Techsoft Viper,
Bitwriter, Code Hopping, ESP, Venom, Steal Stopper, IMS, Proguard Vocalarm
are trademarks of Directed Electronics.
6. General Disclaimer and Limitation of Liability
Although Directed has attempted to provide accurate information on this Site,
Directed assumes no responsibility for the accuracy of the information or materials;
nor does Directed warrant that the information or materials are up to date;
that this Site will be available at any particular time or location; that any
defects or errors will be corrected; or that the materials are free of viruses
or other harmful components. Your use of this Site is at your sole risk. Directed
may change the materials or products mentioned at any time without notice.
Mention of non-Directed products or services is for information purposes only
and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS
IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL DIRECTED OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS,
LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE
OR ANY DIRECTED PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE
INFORMATION PRESENT, EVEN IF DIRECTED OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. User Communications
Other than personally identifiable information, use of which is governed by
the Directed Online Privacy Statement, any information or communication you
transmit or post to this Site, and any data, images, sounds, text, and other
material embodied therein ("User Communication(s)") will be considered
non-confidential and non-proprietary. Directed will have no obligations with
respect to such User Communications; and by posting or submitting User Communications
to this Site you: (i) agree that Directed and its designees may disclose,
reproduce, display, perform, adapt, modify, distribute, have distributed,
and otherwise use such User Communications in any form, anywhere and for
any purpose, and (ii) warrant and represent that the public posting and use
of your User Communications by Directed will not infringe or violate the
rights of any third party. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or any other material that could
give rise to any civil or criminal liability under the law.
8. Password Protected
Access Access to and use of any password protected area of the Site, is restricted
to authorized users only who have met the qualifications required by Directed,
in its sole discretion, for use of such password protected area. Distribution
of a password to any person or entity not authorized to use the password
is prohibited and will result in immediate removal of the password holder's
rights to access this Site.
9. Removal of Content and Discontinuation of ServiceTermination of Authorization
to Use Site.
Directed reserves the right to remove content or discontinue services available
on this Site with or without notice. Directed further reserves the right to
terminate your authorization to use any services at this Site; to terminate
your password, if any; and to delete any one or more of your related accounts;
for any reason or for no reason, immediately and at any time.
10. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet
site linked to this Web Site is at the user's own risk. Directed does not
control, and is not responsible for the accuracy or reliability of any information,
materials, data, opinions, advice or statements made on these sites, or about
any products found at those sites, or about any search results that may be
obtained from using them. Directed provides these links merely as a convenience
and the inclusion of such links does not imply an endorsement.
11. Indemnification
Upon a request by Directed, you agree to defend, indemnify, and hold harmless
Directed and its subsidiaries, affiliates, agents, co-branders or other business
partners, and its and their employees, contractors, officers, and directors
from all liabilities, claims, and expenses, including attorney's fees, that
arise from your use or misuse of this Site. Directed reserves the right,
at it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you agree to
cooperate with Directed in asserting any available defenses.
12. International
This Site is administered by Directed from its offices at Vista, California,
in the United States of America. Directed makes no representation that materials
on this site are appropriate or available for use in locations outside the
United States, and accessing them from territories where their content are
illegal is prohibited. You may not use or export or re-export the materials
at this Site or any copy or adaptation in violation of any applicable laws
or regulations including, without limitation, United States export laws and
regulations. If you choose to access this site from locations outside the
United States, you do so on your own initiative and are responsible for compliance
with applicable local laws.
13. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of California without giving effect to any principles of
conflicts of laws. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms of Use or your
use of this site shall be filed only in the state or federal courts located
in the County of San Diego, State of California, and you further agree and
submit to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
14. General Provisions
Unless otherwise specified herein, these Terms of Use constitute the entire
agreement between you and Directed with respect to your use of this Site
and supersedes all prior or contemporaneous communication s and proposals
(whether oral, written, or electronic) between you and Directed with respect
to use of this Site. You also may be subject to additional terms and conditions
that may apply when you use Content, software, or services provided by third
party providers to this Site. The failure of Directed to exercise or enforce
any right or provision of the Terms of Use shall not constitute a waiver
of such right or provision. If any part of these Terms of Use is held invalid
or unenforceable, by a court of competent jurisdiction, 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. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of this Site must be filed within one (1) year after such claim or
cause of action arose or be forever barred. |