Intellectual Property and other Rights and Restrictions

Intellectual Property

The contents of the data and information made available on this web site and associated microsites, including, but not limited to text, data, graphics, and icons, are copyrighted materials owned by Davmark™, including its affiliates or subsidiaries. Davmark™ Group and other unique record locators (URL) and or other Davmark™ logos and product and service names are trademarks of Davmark™, which are protected by applicable laws of certain countries.

All rights are reserved.

You must not modify, decompile, or reverse engineer any software Davmark™ discloses to you via this web site, and you must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the web site. Davmark™ Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations Davmark™ uses in connection with Products or Services.

You are not permitted to incorporate any Davmark™ Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

Any unauthorized use of any Materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimer of Warranties

While every effort has been made to ensure the quality and accuracy of information displayed on this web site, Davmark™ makes no warranty, express or implied, concerning the site and its contents and disclaims all warranties, including, but not limited to, warranties of fitness for a particular purpose and warranties of merchantability.

Davmark™ further makes no warranty that the web site or any web sites linked thereto will be error free, free of viruses or other harmful components, or that any defects will be corrected.

Davmark™ disclaims all responsibility for any loss, injury, claim, liability or damages of any kind arising out of use of this web site or access to third party links, contents or sites via this web site.

Davmark™ does not warrant that access to this web site or linked third party web sites will be available at all times, but it will take all necessary steps to rectify fault(s) as soon as reasonably practicable.

Any material downloaded or otherwise obtained through the use of this web site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Davmark™ or through or from this web site will create any warranty not expressly stated in the terms. Davmark’s employees are not authorized to vary these terms.

Limitation of Liability

To the extent not prohibited by applicable law, Davmark™ is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if Davmark™ has been advised of the possibility of such damages), however caused and regardless of the theory of liability, arising out of or related to:

  1. the use of or the inability to use this web site;
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the web site;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the web site and www.davmark.co.uk; or
  5. any other matter relating to the web site.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the web site and will not make a claim against Davmark™ for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold Davmark™ harmless from, and you covenant not to sue Davmark™ for, any claims based on using the web site.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Privacy

Davmark™ is committed to maintaining the privacy of those using its web site and has a privacy policy that governs the treatment of any personal information received through your visit to its web site.

Your use of this web site is subject to Davmark™ Private Policy.

Severability

If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Headings

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

No Waiver

The failure of Davmark™ to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

Governing Law

This Agreement shall be governed by the laws of the UK applicable therein, as if this Agreement were a contract wholly entered into and wholly performed within the UK, without reference to choice of law provisions. The parties to this Agreement irrevocably agree to submit to personal jurisdiction.

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