Bownes & Lu, LLC (Bownes & Lu) is pleased to provide you with the materials on our web site for informational purposes. Please carefully read the following paragraphs. By using this web site, you agree to the following Terms of Use. If you do not agree to all of these terms, please do not use this web site.
1. Content of this Web Site Is for Informational Purposes Only
The content and materials provided in this web site are for informational and educational purposes only and are not intended to supplement or comprise a medical diagnosis or other professional opinion, or to be used in lieu of a consultation with a physician or competent health care professional for medical diagnosis and/or treatment.
2. Privacy
Use of this Site constitutes consent to the privacy policy posted from time to time on this Site. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.
3. Copyright
The copyright in all materials provided on this Site is held by Bownes & Lu or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bownes & Lu or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on this Site without Bownes & Lu’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Bownes & Lu or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
© 2008 Bownes & Lu, LLC
P.O. Box 131332
Carlsbad, CA 92013 USA
All rights reserved.
4. Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Bownes & Lu. Other trademarks, service marks and trade names may be owned by others. The name Bownes & Lu or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Bownes & Lu. Bownes & Lu also prohibits use of Bownes & Lu or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Bownes & Lu in writing.
5. Prohibited Actions
You agree not interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site will result in criminal and/or civil prosecution under Federal, State and local law. This site may not be used for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on any, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
6. Hypertext Links
Where we provide hypertext links from or to third party sites we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
7. E-mail Communications
Information transmitted electronically via the worldwide web cannot be guaranteed to be secure. E-mail communications are subject to interception by third parties who may be under no obligation to keep such communication confidential. Thus, do not transmit sensitive or confidential information via an e-mail message, unless it is adequately encrypted.
8. Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOWNES & LU DOES NOT GUARANTY THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. BOWNES & LU DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. BOWNES & LU AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. BOWNES & LU HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BOWNES & LU OR ANY ASSOCIATED SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF BOWNES & LU PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS BOWNES & LU'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
10. Indemnification
You agree to make Bownes & Lu whole for any and all claims, losses, liabilities, and expenses (including attorneys'' fees) arising from your use of the Site or any violation of this Agreement.
11. Applicable Laws; Venue.
Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this Site constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.
12. Modification of Terms and Conditions of Use
Bownes & Lu may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound.