TERMS OF USE

These Terms of Use apply to the Site located at http://www.macbethdesign.com, owned by Macbeth Design, Inc. and should be read carefully upon visiting or otherwise using the Site. Please check back periodically, as Macbeth Design, Inc. reserves the right to modify these Terms of Use from time to time.

ACCEPTANCE OF TERMS
By using the Site you accept these Terms of Use. If you do not agree with all of these Terms of Use, do not use the Site. Use of the Site is expressly conditioned upon your assent to all these Terms of Use.

CONTENT
While Macbeth Design, Inc. uses reasonable efforts to include accurate information on the Site, it does not guarantee the accuracy, integrity, timeliness or quality of any material that is found on or in connection with the Site. Macbeth Design, Inc. has no liability for any such material, including for any errors or omissions in the content of the Site. Further, Macbeth Design, Inc., although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site.

All work shown here is for the expressed purpose of promoting the capabilities of Macbeth Design, Inc. No endorsement has been made or is implied by the companies displayed within. Copyright on all material on this site is owned by Macbeth Design, Inc. or its Clients. Copyright in the compilation of all materials on this site is owned by Macbeth Design, Inc. No materials on this site may be reproduced, altered or further distributed without prior written permission from Macbeth Design, Inc. All tradenames, trademarks, service marks, registered logos and trade styles on this site are registered trademarks and property of their respective owners. Proper use is limited to use in connection with the products and services of the mark owner and no other use is permitted without the prior written permission of the owner.

CONDUCT
The Site may be used solely for lawful purposes and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, including denial of service attacks, imposition of an unreasonable or disproportionately large load on our infrastructure, or virus dissemination. You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of Macbeth Design, Inc. Macbeth Design, Inc. reserves the right to prohibit use of the Site by any user who, in our sole discretion, violates any of these Terms of Use.

OWNERSHIP
All content and materials on the Site created or provided by Macbeth Design, Inc., including text, graphics, logos, icons, and images, as well as the compilation of all the content on the Site, including all copyrights and other proprietary rights therein, are the property of Macbeth Design, Inc. or its content providers and are protected by United States and foreign intellectual property laws. You may not download, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of Macbeth Design, Inc. Macbeth Design, Inc. reserves the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Upon revocation or termination of such rights, you must destroy any digital or printed copies obtained from any portion of the Site. Unauthorized use of any material on the Site may violate copyright, trademark and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

Macbeth Design, Inc. and all Macbeth Design, Inc. logos are the trademarks of Macbeth Design, Inc. Other trademarks, service marks, and logos used on the Site are trademarks of others. Nothing on the Site shall be construed to grant, by implication, estoppel, or otherwise, any license or right to use any copyright or trademark without the prior written consent of Macbeth Design, Inc. You may not remove or alter any trademark, service mark, logo, copyright notice or any other intellectual property notice on the Site.

LINKS TO OTHER SITES
The Site may contain links to other web sites. Macbeth Design, Inc. has no control over, and disclaims any liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner’s products or services.

DISCLAIMER OF WARRANTIES
The Site and all Macbeth Design, Inc. websites are provided on an “as is” and “as available” basis. Macbeth Design, Inc. expressly disclaims all other warranties of any kind, whether or express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Macbeth Design, Inc. makes no warranty that (i) the site will meet your requirements; (ii) the site will be uninterrupted, timely, secure, or error-free; (iii) any results that may be obtained from the use of this Site will be accurate or reliable; or (iv) any errors in the software which compromises the Site will be corrected.

You use the Site and any material distributed, downloaded, or accessed from the Site at your own risk and discretion. Macbeth Design, Inc. will not be liable for any consequences resulting from you downloading, viewing, or otherwise using the Site, any of its material, or any other site to which the Site is linked.

LIMITATION OF LIABILITY
In no event will Macbeth Design, Inc. be liable for any direct, indirect, incidental, consequential, special or exemplary damages, including but not limited to damages for loff of profits, goowill, use, data or other tangible loss (even if Macbeth Design, Inc. has been advised of the possibility of such damages), resulting in any way from the use of or inability to use the Site. Furthermore, Macbeth Design, Inc. shall not be liable for any failure resulting from any cause beyond its reasonable control, including but not limited to mechanical, electronic or communications failure or degradation.

GLOBAL AVAILABILITY & APPLICABLE LAWS
Macbeth Design, Inc. makes no representation that access to the Site is permitted under the laws of your country and access to the Site is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to the Site. The use of the Site and any claims relating to it or its contents are governed by applicable laws of the State of Ohio and the United States of America, without regard to conflict of laws provisions.

GENERAL INFORMATION
Any action related to the Site or these Terms of Use may be brought only in the state or federal courts located in Cleveland, Ohio and you agree to submit to the personal and exclusive jurisdiction of these courts. Any failure by Macbeth Design, Inc. to exercise or enforce any term, provision or right established by these Terms of Use shall not constitute a waiver of such term, provision or right.

These Terms of Use are the complete and exclusive agreement between Macbeth Design, Inc. and you concerning your use of the Site and supersede any other agreements, communication and understandings pertaining thereto. In the event that any term or provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the term or provision shall be limited or interpreted in such a manner as to render it and the remaining terms and provisions valid and enforceable to the maximum extent allowed by law. The terms and provisions of these Terms of Use may not be assigned, transferred or sublicensed by you; however, Macbeth Design, Inc. reserves the right to assign these Terms of Use in part or in whole to any third party.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect whatsoever.

© 2008 Macbeth Design, Inc. All rights not expressly granted in these Terms of Use are reserved.