Terms & Conditions
Please read the following terms and conditions of use carefully before using this Web site. YOUR USE OF THIS WEB SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE. You should assume that everything you see or read on this Web site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions without the written permission of Anthelion Systems, Inc. ("Anthelion"). Some of the information found on this site is copyrighted by others and used with permission. Anthelion neither warrants nor represents that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Anthelion Systems, Inc. Other trademarks, logos, and service marks displayed on this site, are registered and unregistered trademarks, logos and service marks of Anthelion and others. Restrictions on Use of Material. The graphics, Apps, files, sounds, software, images, data, and other content available on this site (collectively the "Materials") are either the property of, or used with permission by, Anthelion. Use of the Materials, except as permitted by these Terms and Conditions, is strictly prohibited. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed via this Web site, or other intellectual property, without the written permission of Anthelion or such third party that may own the trademark, logo or service mark displayed on this site. Materials obtained on this site may not be copied or retransmitted unless expressly permitted by Anthelion. Unauthorized use of the Materials may be a violation of copyright law, trademark law, slander and libel laws, privacy and publicity laws, intellectual property laws, export laws, and communications regulations and statutes. Anthelion and its affiliates have the right to investigate occurrences of suspected violations or misuse and will have the right to involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations or misuse. If Anthelion determines in its sole discretion that unauthorized or improper use is being made of the site or its contents, it may, without notice, take such action as it deems appropriate, including termination of access. Anthelion has not reviewed all of the sites linked to this Web site and is not responsible for the content of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk. Anthelion may monitor and track user activity on this site. Automated tools may log information about each of User’s visits to the site and this information may be processed in the aggregate to determine site performance issues, such as popular pages, most frequently downloaded Apps and other site-performance characteristics. Although Anthelion may from time to time monitor or review discussions, comments, postings, transmissions, and the like as may be made available on this site, Anthelion is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Anthelion will fully cooperate with any law enforcement authorities or court order requesting or directing Anthelion to disclose the identity of anyone posting any such content or materials. Any communication or information transmitted to Anthelion via this site or Internet electronic mail is on a non-confidential basis with no promise by Anthelion not to use such communication or information for any purpose whatsoever. Anthelion reserves the right not to respond to, and/or not to post, any communication from a user. Use of this Web site, the Materials, and any related transmission shall not be construed as an offer or negotiation for provision of any specific product or service by Anthelion, or as establishing any obligations, contractual or otherwise, on the part of Anthelion. Anthelion, in its discretion, may make any use it desires, without obligation, of any suggestions for improvements or innovations in its products, its services, or business generally, that are made or submitted to Anthelion. Anthelion will own any innovations it may create using any suggestions or ideas submitted. This Web site can be accessed from countries around the world and may contain references to Anthelion and its affiliates’ products, services and programs that may not be available in a specific country. These references do not imply that Anthelion and its affiliates intend to announce or provide these products, services, or programs in any particular country. Anthelion and its affiliates make no representations that goods or services posted on this Web site are available for use in specific locations where such use may be prohibited.
Disclaimer of Warranty
YOUR USE OF, BROWSING, LINKING TO OTHER SITES, AND DOWNLOADING IN THIS WEB SITE IS AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS." Anthelion MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY, COMPLETENESS OR ACCURACY OF THE MATERAILS, NON-INFRINGEMENT, OR OF ANY CONTENTS THEREIN. Anthelion EXTENDS NO WARRANTY CONCERNING THE RESULTS OR EFFECTS OBTAINED THROUGH THE USE OF THE MATERIALS AND Anthelion DOES NOT WARRANT THAT THIS SITE OR SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER IS SOLELY RESPONBSIBLE FOR ANY DAMAGE TO ITS COMPUTERS OR OTHER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM USE OF OR DOWNLOADING ON THIS SITE. IN NO EVENT SHALL Anthelion BE LIABLE FOR LOSS OF PROSPECTIVE PROFITS, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES TO THE USER OR A THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER ASSUMES THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION AFTER VISITING THIS WEB SITE AND/OR DOWNLOADING ANY MATERIALS.
Limitation of Liability
Anthelion shall not be responsible for, and shall have no obligation to User with respect to, any claim arising from or in any way related to or resulting from, User's access to, possession of, use of, or inability to use, failure of performance, or errors or omissions in, this Web site or the Materials. In no event, shall Anthelion, its officers, directors, employees, or representatives, or its parents, affiliates, or subsidiaries, and their respective officers, directors, employees, or representatives, be liable for any lost profits, lost savings, lost revenue, or indirect, incidental, special, exemplary or consequential damages, or direct damages arising from or in any way related to or resulting from the use of, or the inability to use the Materials, this Web site, or errors or omissions in the content of the Materials whether based on contract, tort, strict liability or other form of action, even if there is negligence on Anthelion’s part or Anthelion is advised of the possibility of such losses or damage. Notwithstanding the foregoing, in no event shall Anthelion’s cumulative liability to any User exceed the total amount paid by User to access this site. In no event, shall Anthelion be liable for any lost profits, lost savings, lost revenue, or indirect, incidental, special, exemplary or consequential damages, arising from or in any way related to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Anthelion shall have no liability for loss of data or documentation, it being understood that User is responsible for reasonable backup precautions.
Risk Management Information
If any User wishes to engage in hedging, derivative, physical or other commodity related "Transactions" with Anthelion Systems, Inc. or its affiliates acting as a principal, prior to doing so the User will execute a separate agreement (such as a swap agreement, ISDA, confirmation, physical commodity purchase or sale agreement, or otherwise), in form and substance satisfactory to both parties, which will set forth terms and conditions for engaging in such Transactions. Such Transactions, if any, will be governed solely by the agreements covering such Transactions and shall not be affected in any manner by this site. Users should rely exclusively on their own counsel, accountants and other similar expert advisors for legal, accounting, tax and other similar expert advice concerning specific Transactions, or hedging strategies. Anthelion is not furnishing advice concerning specific Transactions or hedging strategies to Users of this site. In this regard, User acknowledges and agrees that (i) Anthelion and its affiliates may enter into Transactions with Users or other counterparties, (ii) if Anthelion and its affiliates contract with such Users or counterparties in respect of such Transactions, it will be as independent third parties on an arms-length basis and nothing relating to this site shall be construed as creating a fiduciary or other advisory relationship between any User and Anthelion and its affiliates in respect of any such Transactions, and (iii) the User will take advice from third parties (including legal, financial, tax and accounting advisors with respect to legal, financial, tax, accounting and similar matters as such User deems appropriate in connection with their entering into and maintaining their position in such Transactions and will not rely on Anthelion in connection with such matters.
Compliance With Export Controls
Materials on this Web site may be subject to export controls imposed by the United States of America or other jurisdictions which restrict exportation, including via downloading or printing from international locations. As a User of this site, you acknowledge that you are familiar with the United States Department of Commerce regulations concerning the export or re-export of United States source technical data, or the direct product thereof, to unauthorized destinations. You represent that you will comply with all applicable Export Control laws with respect to the Materials; for example, you will not (1) export or re-export Materials to prohibited destinations nor to restricted persons; nor (2) engage in any restricted activity in violation of any applicable Export Control law. You represent that you will not use any Materials, nor permit or knowingly assist others in their use, for any purposes prohibited by applicable Export Control laws. You further represent that if you download or print any Materials content, you are not located in, are not under the control of, and are not a national or resident of any country to which the United States has placed an embargo, including, but not limited to, Cuba, Iraq, Libya, North Korea, Iran and Syria, and that you are not on the U.S. Treasury Department's Specialty Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.
Miscellaneous
These Terms and Conditions shall be construed in accordance with the laws of the State of Texas, USA, without regard to conflicts of law principles that would require application of any other law. Anthelion’s failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. In the event a provision of these Terms and Conditions is held invalid, void, unenforceable, or otherwise defective by a tribunal of competent jurisdiction; then all other provisions herein will remain enforceable in accordance with their terms, and the provision in question will be deemed modified, but only: (i) as between the parties, (ii) in the jurisdiction in question, (iii) to the minimum extent necessary to cure the defect, and (iv) until such time, if any, as the tribunal’s holding, in relevant respects, is vacated, reversed on appeal, legislatively overruled, or otherwise set aside. This is the entire understanding of the parties relating to the matters referred to herein. Anthelion may amend these Terms and Conditions, and the agreement they create, at any time on a prospective "going-forward" basis, simply by updating this posting and without notice to User.
