Dulany reserves the right to modify this Agreement without notice and any modifications are effective when they are posted here. Dulany may, at any time, in its discretion terminate your access to the Websites. Access to the Websites may be monitored by Dulany. If you are accessing the Websites as a representative of an organization, this Agreement binds both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.
As a condition of your use of these Websites, you will not use the Websites or the information contained therein for any purpose that is unlawful or prohibited by Agreement. You will not use the Websites in any manner that could damage, disable, overload or impair the operation of the Websites or use by third parties.
Dulany’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into the Websites, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Dulany. Dulany grants you permission to electronically download, copy, or print hard copies of pages from these Websites solely for your personal, non-commercial purposes. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Websites. Any use of the Websites or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of Dulany is obtained first.
DULANY, BRIDGE LOGO, BUILDING A UNIFIED CORPORATION THAT THRIVES ON DIVERSITY, SEAGATE, SOUTHERN STATES CHEMICAL, composite marks including these marks and all related trademarks, service marks and/or logos are the exclusive properties of Dulany Industries, Inc. and may be registered or pending registration in the U.S. All other trademarks or registered trademarks are the property of their respective owners. The trademarks, logos, and services marks (“Marks”) displayed on the Websites may not be used without the prior written consent of Dulany or the applicable third party owner. The absence of any trademark notice symbols on Marks used on the Websites does not indicate or imply that such Marks are not registered in the U.S. and/or other countries.
By posting any questions or information requests on or through the Websites, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content.
Though Dulany uses reasonable efforts to ensure otherwise, the Websites may contain typographical errors or other inaccuracies and may not be complete or current. Dulany therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.
Disclaimer of Warranties and Limitation of Liability
Dulany provides the Websites, their contents, and any and all products, services, and information described or provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. DULANY EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THE WEBSITES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DULANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DULANY OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THE WEBSITES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF DULANY OR ITS 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 DULANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Choice of Law, Waiver, Claims, Severability
By using the Websites or accessing any information herein, you agree that your use of the Websites will be governed by the laws of the State of Georgia. You also agree that any legal or equitable claim arising from your use of the Websites must be brought in the city, state, or federal courts located in Chatham County, Georgia, and you consent to the exclusive jurisdiction and venue in such courts. Dulany’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions and that the other provisions of this Agreement 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 Websites or products purchased through this Websites must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may direct any questions concerning this Agreement or notices required by this Agreement to:
Dulany Industries, Inc.
118 E. 35th Street
Savannah, GA 31401
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and Dulany with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Dulany may amend or modify this Agreement at any time by posting the new terms on its Websites. This Agreement may not be otherwise amended except in a written document signed by you and Dulany.
This agreement was last revised on May 7, 2009.