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Gator, Inc. - Terms and Conditions
Terms and Conditions of Website Access

Thank you for visiting the Terms and Conditions page of Gator LLC's (GatorInc) website. This page describes our legal agreement (the "Agreement") governing your use of GatorInc’s website at http://www.GatorInc.com (the "GatorInc Website" or "Website").

Your Acceptance
By using and/or visiting the GatorInc Website, you signify your assent to both these Terms and Conditions of Website access and the Terms and Conditions of GatorInc’s Privacy Policy, and which are incorporated herein by reference. If you do not agree to any of these terms, you should not use the Website. Should GatorInc make any substantial change to these Terms and Conditions, we will publish an amendment to this agreement.

GatorInc Website
This Agreement applies solely to the GatorInc Website, which may contain links to third party websites that are not owned or controlled by GatorInc. For instance, if you place an order with a distributor of GatorInc to conduct business, you may access the independent website of Apex Unlimited or another third party. GatorInc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GatorInc will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve GatorInc from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the GatorInc Website, and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access
GatorInc hereby grants you permission to view, display, and download a single copy of the material on the Website, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Website in any medium, other than as expressly permitted herein, without GatorInc's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement. This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of the GatorInc Website or any portions thereof.

Copyright
The original content of the GatorInc Website, including without limitation the text, software, graphics, photos, and images (“Content”), are owned by or licensed to GatorInc, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. GatorInc reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.

Trademarks
Certain names, logos and/or slogans contained in the Website, including all GatorInc logos and the marks "Gator", “Gator, LLC”, and "GatorInc", are the trademarks and service marks of Gator, LLC and/or its parent corporation. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Website shall be construed as conferring any license under any of GatorInc’s or its parent's trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.

User Submissions
The GatorInc Website may now or in the future permit the publication of communications or data posted by you and other users ("User Submissions"). Any User Submission that you post to the GatorInc Website shall automatically be deemed non-confidential. By posting a User Submission, you expressly grant GatorInc a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sublicense such rights.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage GatorInc or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.

GatorInc does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and GatorInc expressly disclaims any and all liability in connection with User Submissions. GatorInc does not screen communications in advance, and shall not be responsible for screening or monitoring User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, GatorInc may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GATORINC WEBSITE SHALL BE AT YOUR SOLE RISK. GATORINC PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GATORINC, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GATORINC MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL CONTAINED IN THE GATORINC WEBSITE. GATORINC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. GATORINC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GATORINC WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GATORINC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
IN NO EVENT SHALL GATORINC, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE GATORINC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GATORINC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU FURTHER ACKNOWLEDGE THAT THE USE OF GATORINC PRODUCTS CAN BE DANGEROUS AND MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE CONCERNING THE OPERATION OF GATORINC PRODUCTS IS FOR GENERAL REFERENCE. YOUR USE OF ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION AND USE OF GATORINC PRODUCTS MAY NOT PREVENT SERIOUS INJURY OR DEATH.

Indemnity
You agree to defend, indemnify and hold harmless GatorInc, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the GatorInc Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the GatorInc Website. GatorInc shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.

Export Control
The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the Website outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.

General
You agree that: (i) the GatorInc Website shall be deemed solely based in Indiana; and (ii) the GatorInc Website shall be deemed a passive website that does not give rise to personal jurisdiction over GatorInc, either specific or general, in jurisdictions other than Indiana. This Agreement shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Any claim or dispute between you and GatorInc that arises in whole or in part from the GatorInc Website shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Indiana. This Agreement, together with the Privacy Policy and any other legal notices published by GatorInc on the Website, shall constitute the entire agreement between you and GatorInc concerning the GatorInc Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and GatorInc's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. GatorInc reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the GatorInc Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

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© 2005 GatorInc. All rights reserved.
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