WEBSITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND THIS INFORMATION CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, BROWSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO FULLY COMPLY WITH, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS ("TERMS").
Use of Site. ACES AND EIGHTS CORPORATION ("A&8") provides materials at this website ("Site") as a complimentary service to Internet users for informational purposes only, and such materials are not intended for trading or commercial purposes. A&8 authorizes you to view and download single copies of the materials at this Site solely for your personal, non-commercial use, subject to the provisions below. If you make a copy of the materials at this Site, you must retain all copyright and other proprietary notices contained in the original materials on any such copies. You may not modify the materials at this Site in any way or publicly display, perform, or distribute them, without the express written permission of A&8. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited.
The materials and content of this Site are protected by law, including without limitation United States copyright and trademark laws, and applicable international treaties.
Except as expressly provided herein, A&8 and its suppliers do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights of A&8 or its suppliers.
Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
This Site is controlled and operated by A&8 from within the United States. A&8 makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
Links to Other Materials. A&8 may provide links or references to third party websites and resources solely as a convenience to you. If you use these links, you will leave this Site. The linked and referenced sites are not under the control of A&8, and A&8 is not responsible for the content of any linked or referenced site or resource, or any link, reference or resource contained in a linked site. A&8 reserves the right to terminate any link at any time. A&8 has not reviewed all of the linked third party sites and does not control, and is not responsible for, any of these sites or their content. Thus, A&8 does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to or referenced in this Site, you do this entirely at your own risk, and acknowledge and agree that A&8 is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
User Submissions. Do not post any information or other material protected by copyright; do not use any words, logos or other marks that would infringe upon the trademark, service mark, certification mark, or other intellectual property rights of others; and do not post any confidential information or any information that would infringe upon the proprietary, privacy or personal rights of others. Do not forge headers or otherwise manipulate identifiers in any post in an attempt to disguise, impersonate, or otherwise misrepresent your identity or affiliation with any other person or entity. Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. A&8 will have no obligations with respect to such communications. A&8 and its designees (as well as other users of this Site) will be free to copy, disclose, distribute, modify, incorporate, comment upon and otherwise use any of your communications, all data, images, sounds, text, and other things embodied therein, and all ideas, concepts, know-how or techniques expressed thereby, for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submissions. By posting material, you warrant and represent that you have the full and unencumbered right to post such material under these terms and conditions, and that such posting will not infringe any rights or interests of others.
All postings shall be of an informational nature and for informational purposes only. Commercial use or any other unauthorized use of this Site is prohibited. Specifically, do not use this Site to solicit or conduct business, including the direct or indirect marketing of products or services, in any manner. You may not use this Site to provide information, materials, products, or services in exchange for compensation of any kind.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, vulgar, obscene, pornographic, abusive, profane, threatening, hateful, racially, ethnically, or otherwise offensive or illegal information or material, or otherwise utilize this Site in a manner that would violate any law or regulation.
Do not post, upload, email or otherwise transmit any material containing software viruses or other computer code or files designed to interrupt, harm, delete, or otherwise interfere with or limit the functionality of any computer software or hardware or telecommunications equipment. A&8 accepts no responsibility for the opinions and information posted on this Site by others; all such submissions are those of their respective contributors only. The views expressed by contributors do not represent the views of A&8, its management or employees. A&8 is not responsible, and disclaims any and all liability, for the content of comments, opinions, and other information submitted to the Site.
A&8 reserves the right, but not the obligation, to monitor this Site for inappropriate postings, but does not undertake editorial control of postings or comments. During monitoring, postings may be examined, recorded, copied, censored, or deleted. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring. In the event that any inappropriate posting or unauthorized use of this Site is brought to A&8’s attention, including but not limited to prohibited posting and usage as outlined herein, A&8 reserves the right to terminate, without prior notice, Site access of any user who does not abide by these guidelines. A&8 reserves the right at any time and from time to time to modify or discontinue this Site with or without notice, and shall not be liable to any party for such modification, suspension, or discontinuance.
You agree to indemnify and hold A&8 and its subsidiaries, affiliates, officers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any party due to or arising from your use of or posting upon this Site, or your violation of any rights of another.
Disclaimer. USE OF THIS SITE, THE MATERIALS PROVIDED, OR ANY SERVICES OFFERED, IS AT YOUR SOLE RISK AND ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED. A&8 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. A&8 MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Applicable law may not allow the exclusion of implied warranties, so portions of the above exclusion may not apply to you.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
The materials at this Site may be inaccurate, incomplete or out of date, and this Site may contain technical inaccuracies or typographical errors. A&8 assumes no responsibility (and expressly disclaims responsibility) to correct or update the materials. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.
Limitation of Liability. IN NO EVENT WILL A&8, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES OR RESOURCES LINKED TO, REFERENCED OR ACCESSED THROUGH THIS SITE, OR FOR THE USE, DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you.
Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to A&8's Designated Agent.
Linking to Site: Anyone linking to A&8‘s website must read and comply with the following guidelines and all applicable laws:
- May link to, but not replicate, A&8 content.
- Shall not create a browser or border environment around A&8 content (no frames).
- Shall not imply that A&8 is endorsing it or its products or services.
- Shall not misrepresent its relationship with A&8.
- Shall not present false or disparaging information about A&8 or its products or services.
- Shall not use the A&8 logo or other A&8 trademarks without permission from A&8.
- Shall not contain content that could be construed as unlawful, distasteful or offensive.
Passwords and Security: If access to portions of this Site or use of any of the services provided requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account information and for all acts that occur in connection with your account. You agree to promptly notify A&8 of any unauthorized use of your account or other breach of security. A&8 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by A&8 or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
U.S. Government Restricted Rights: Any software which is downloaded from this Web site or any Services for or on behalf of U.S. Government users is provided with Restricted Rights. Use, duplication, or disclosure by U.S. Government users is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.
Intellectual Property Rights: Copyrights in the webpages and documents on this Site are owned by A&8. Any product, process or technology described in the documents available on this Site may be the subject of other intellectual property rights reserved by A&8 and is not licensed hereunder.
The marks "ACES & EIGHTS CORPORATION", "ACES AND EIGHTS" and the logos displayed on this website are trademarks or registered trademarks of A&8. A&8's trademarks may be used publicly only with advance written permission from A&8. Fair use of A&8's trademarks in advertising and promotion of A&8 products requires proper written acknowledgement. All other third party trademarks or registered trademarks mentioned on this website belong to their respective owners.
General. This Site is administered by A&8 from its offices within the United States of America. You may not use or export materials provided in violation of U.S. export laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of West Virginia, without giving effect to any conflicts of laws principles or foreign laws, international treaties or standards. In any claim or cause of action arising from or related to your use of the Site, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Marion County, West Virginia. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. A&8 reserves the right to update these Terms and any other information contained in this Site at any time without notice to you. By using the Site, you agree to be bound by the terms and conditions of this agreement that is in force during such use. You can always review the most current version by clicking on the "Legal Terms" link located at the bottom of our Web pages. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of hereof by its express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of this agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
For information, questions or permissions outside of the scope of these Terms, contact:
corporation at acesandeightscorp dot com
Aces & Eights Corporation®
142 Spring Haven Trail
Shinnston, WV 26431