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Terms of Use

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OBX.com ("OBX.COM ") makes available any and all information, materials, services and products on this Web Site (the "Site"), subject to certain terms and conditions ("Site Terms of Use"). The availability or display on the Site of information, materials, services and products does not confer or convey any rights or create any license except strictly as may be expressly provided in these Site Terms of Use.

Please review the Site Terms of Use, and if you do not agree to the terms, do NOT use this Site.

Use of this Site is subject to the following Site Terms of Use, which constitute a legal agreement between you and OBX.COM. By accessing and using this Site, you acknowledge that you have read understood and agree to be bound by the terms and conditions stated in or incorporated by reference by this legal notice.

Portions of the Site may contain or display information and other material supplied by third parties and you are subject to their rights separate and apart from the rights of OBX.COM ("Third Party Content"). You agree to comply with all copyright notices, information, licensing terms or other restrictions provided below under the heading Third Party Terms, or contained in or provided with Third Party Content (collectively, "Third Party Terms").

You further acknowledge and agree that there are additional tools or functions that may be accessed through the Site, such as, without limitation, electronic payment, shipment tracing, transit time estimations, and other customer support features, that may require you to agree to additional terms and conditions. Nothing in this Site Terms of Use is meant to diminish the rights and/or responsibilities set forth in any such other agreement.

Revisions and Errors

OBX.COM and its third party suppliers reserve the right to revise the Site Terms of Use at any time, at their sole discretion, by updating this posting. By using this Site, you agree to be bound by the then current version of these Site Terms of Use and should periodically visit this page to review these changes.

Additionally, the Site may contain technical, factual, typographical or other inaccuracies or errors, and which may include errors in software embedded in the Site or offered for download. OBX.COM may at any time make corrections, improvements and changes to the information, service(s), software or other product(s) provided or described in the Site, and reserves the right to remove any of them at any time without notice.

Intellectual Property Notice

Copyright © 2008 OBX.COM. All rights reserved.

Except as specifically permitted herein, no portion of the information on this Site may be reproduced in any form or by any means without the prior written permission of OBX.COM. Trademarks, service marks, and trade names displayed on this Site are the property of their respective owners.

Third Party Content is subject to separate copyright and other intellectual property notices stated in the Third Party Terms below.

OBX.COM Limited License

Use of OBX.COM Content. "OBX.COM Content" includes any content in any form that is supplied by OBX.COM only. Content supplied in whole or in part by Third Party Suppliers are supplied subject to the applicable Third Party Terms separate and apart from this OBX.COM Limited License.

Except as may be otherwise provided elsewhere on this Site, you may view, copy, print, and distribute OBX.COM Content available on this Site subject to the following conditions:

  1. OBX.COM Content may be used solely for personal informational purposes and, except solely for business purposes in support of your business relationship with OBX.COM, for non-commercial purposes only;

  2. OBX.COM Content may not be modified or altered in any way;

  3. OBX.COM Content shall not be copied onto your or any other party's World Wide Web site or other publicly available repository of information;

     

  4. OBX.COM Content shall not be included in or with any product that you distribute to third parties, nor shall they be used to create derivative works;

  5. Any copy of any OBX.COM Content or portion thereof must include one or more rights notice as specified below. If the OBX.COM Content contains no Third Party Content whatsoever, use the following notice ("OBX.COM Notice"):

    6. Copyright © 2008 OBX.COM. All rights reserved.

    Use or reproduction is subject to a limited license granted by OBX.com, as set forth in the Site Terms of Use section of its World Wide Web Site (www.OBX.com .com). Reliance upon the content of this or any part is specifically limited by the provisions of such section. Any other use, distribution, reproduction or reliance is strictly prohibited. Trademarks, service marks, and trade names displayed are the property of their respective owners.

  6. If the OBX.COM Content contains any Third Party Content, your right, if any, to reproduce such Third Party Content is governed by the applicable Third Party Terms.

  7. OBX.COM reserves the right to revoke your OBX.COM Limited License at any time without prior notice or liability. Upon written or electronic notice from OBX.COM revoking your license you shall immediately discontinue any use.

    No License for Design and Layout, Trademarks. Absolutely no license is granted to the design or layout of this Site (including without limitation, individual design and graphic elements), or any trade-marks or trade names used in this Site. Such elements are protected by copyright, Trademarks, service marks, and other laws and may not be used, copied or imitated in whole or in part. Trademarks, service marks, are the property of their respective owners.

    Provisions Not Exclusive. The provisions of this OBX.COM Limited License are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.

Third Party Terms

Subject to any specific Third Party Terms provided together or in conjunction with Third Party Content, the following provisions shall apply:

  1. Third Party Content. You acknowledge that the Third Party Content displayed or available through the Site contains information and other material that is protected by copyright, trademark or other proprietary rights of third party content providers. You agree to comply with any additional copyright notices, information, or restrictions contained in any Third Party Content. You may not publish, transmit, transfer or sell, reproduce, distribute, perform, display, or in any way exploit any of the Third Party Content, in whole or in part. You may not sublicense any Third Party Content to any third party or use the Third Party Content in any other media or in any location other than at the Site. You may not alter the Third Party Content in any way or create any derivative works from the Third Party Content.

  2. Termination of Access to Third Party Content. OBX.COM’s licensors and suppliers reserve the right, at their discretion, to restrict, suspend or terminate your access to all or any part of Third Party Content at any time for any reason without prior notice or liability. OBX.COM’s licensors and suppliers may change, suspend or discontinue all or any aspect of Third Party Content, including the availability, without prior notice or liability.

  3. Provisions Not Exclusive. The provisions set out under the heading Third Party Terms are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.

Disclaimers, Limitations, Exclusions

Disclaimer of Warranties.

NEITHER OBX.COM NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. OBX.COM AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE SITE, ANY THIRD PARTY SITE (COLLECTIVELY, "THE SITES") AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, OBX.COM DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, "ALL CONTENT"). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING OBX.COM’s CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. OBX.COM AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.

Limitation of Liability.

IN NO EVENT SHALL OBX.COM OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT OBX.COM OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.