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ACCESS AGREEMENT
DRS-TS.com Web Portal
CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY ACCESSING THE DRS WEB SITE(S), YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. USE OF OR ACCESS TO THE DRS WEB SITE(S) SHALL CONSTITUTE YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS THE DRS WEB SITE(S).
1. Acceptance of Terms and Conditions of Use. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND DRS TACTICAL SYSTEMS, INC. ("DRS") STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE DRS ARMOR SALES WEB PORTAL (HEREINAFTER THE "SERVICE(S)" OR "WEB SITE(S)" OR "SITE(S)"). THIS DOCUMENT (THE "TERMS OF USE"), INCLUDING ANY UPDATES THERETO, AND ANY MUTUAL NONDISCLOSURE AGREEMENT BETWEEN YOU OR YOUR COMPANY AND DRS, COLLECTIVELY CONSTITUTE THE ENTIRE AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND DRS. NO ADDITIONAL, SUPPLEMENTARY, CONFLICTING OR INCONSISTENT TERMS OR CONDITIONS SET FORTH ON ANY OTHER DOCUMENT PROVIDED OR ISSUED BY YOU IN CONNECTION WITH THE USE OF THIS SERVICE SHALL APPLY UNLESS EXPRESSLY AGREED TO BY DRS IN WRITING. DRS OFFERS THE SERVICES TO YOU CONDITIONED ON YOUR UNQUALIFIED ACCEPTANCE OF THIS AGREEMENT. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY CONTENT, OR MERELY BROWSING THE SITE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE AS SUCH MAY BE MODIFIED BY DRS FROM TIME TO TIME WITHOUT NOTICE OR LIABILITY TO YOU. YOUR USE OF ANY OF THE SITES WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THESE TERMS OF USE, AS WELL AS ANY RULES AND GUIDELINES POSTED ON THE SITE AT THE TIME OF SUCH USE. YOU SHOULD PERIODICALLY CHECK THE "TERMS OF USE" LINK ON THE SITE'S HOME PAGE TO VIEW THE THEN-CURRENT TERMS OF USE.
2. Changes. DRS reserves the right, at any time and from time to time, without notice to update, revise, supplement, and otherwise modify the Terms of Use and to incorporate new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. You are responsible for regularly reviewing these Terms of Use and familiarizing yourself with the most current version, which can be accessed via the "Terms of Use" link on the DRS Armor Sales Web Portal home page.
3. Permitted Use. You agree to access and use the Sites for lawful purposes and only in furtherance of any agreement between you or your company and DRS. You are granted, subject to the Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for such purposes. DRS retains all rights with respect to the Sites and Services except those expressly granted to you in this Agreement. You agree not to duplicate, publish, print, display, modify, create derivative works from, or otherwise distribute the material on the Sites unless specifically authorized in writing by DRS. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Sites. Such framing is strictly prohibited under this Agreement. The information, artwork, text, video, audio, pictures, content, software, trademarks, service marks, and other intellectual property on the Sites are the proprietary property of DRS and/or its suppliers and are protected by U.S. and international copyright and other intellectual property laws. As a condition of your use of the Sites, you warrant and agree that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You further warrant and agree that you will not use the Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail, or any other form or type of SPAM. You further agree not to post or transmit (i) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal, or international law; or (ii) any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining written permission from the owner or right holder.
4. User Conduct/Authorized User. In using the Sites, including all Services available through them, you agree: (i) not to disrupt or interfere with any of the Sites or affiliated or linked sites; (ii) not to create a false identity; (iii) not to use or attempt to use another's account, password, services, or system; (iv) not to access or attempt to access any Services or server which you are not authorized to access; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Sites, or any Services, materials, content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. The Site and Services are made available for commercial use only. Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Site. You agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications and/or attempts to gain unauthorized access.
5. Log-In, Password and Security. As a user of the Site, you create, or have created for you, an account by registering, which includes designating a login name and password. You are responsible for maintaining the confidentiality of your account number and account name, as well as your login and password. You are fully responsible for all activities that occur under that login name and/or password. You should not reveal your account information, login name or password to anyone else or use anyone else's account. You agree to immediately notify DRS of any unauthorized use of your login, passwords or accounts, or any other breach of security. DRS is not liable for any loss or damage arising from your failure to comply with this section. You are personally responsible for damages resulting from all uses of your account number, account name, and/or login and password, unless access to your account number, account name, and/or login and password was obtained through no fault or negligence of your own. You agree not to attempt, or assist another person, to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Services for any reason whatsoever.
6. Intellectual Property. The information available on the Sites is DRS' intellectual property to which DRS holds and retains sole and exclusive right, title, and interest. The Services, including any associated technology and content, constitute DRS' proprietary, confidential, competition-sensitive, and trade secret information, and are protected by federal and international copyright, trademark, patent, and/or other intellectual property laws, rules, and regulations. You are granted no right, title, or interest, express or implied, in or to any of the Services except the limited right to access and use the Services in accordance with these Terms of Use. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its materials, content, or its Services. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. The entire content of the Site and any supporting software are the proprietary property of DRS and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification, or publication of any part of the Site without the express written consent of DRS and/or its licensors is strictly prohibited. You agree not to display, disparage, dilute, or taint the DRS trademarks or use any confusingly similar marks or use the DRS trademarks in such a way that would misrepresent or confuse the ownership of such marks.
7. Linked Sites. The Sites and Services may contain links or produce search results that reference links to third party web sites ("Linked Sites"). DRS follows reasonable industry practices to screen such Linked Sites for accurate and appropriate content. However, the Linked Sites are not under the control of DRS, and you acknowledge that DRS is not responsible for, and assumes no liability for, the content, opinions, or materials available on any Linked Site ("Linked Site Content"), or the content, opinions, or materials that can be linked to or through any Linked Site. DRS cannot and does not guarantee, represent, or warrant that the Linked Site Content, including, without limitation, other links from or to the Linked Site, is appropriate, accurate, legal, and/or inoffensive. DRS is not responsible or liable for the functionality, performance, operation, inability to use, or results of use of any such Linked Site. DRS does not endorse the Linked Site Content, nor does DRS warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web-access device. By using the Sites to search for or link to another site, you understand and agree that such use is entirely at your own discretion and risk, and that you may not make any claim against DRS for any damages or losses whatsoever resulting from such use. Any trademarks, service marks, logos, works of authorship, copyrighted material, or other intellectual property displayed or accessible on any Linked Site are the property of the Linked Site operator, such operator's licensors, content suppliers, and/or users. You are solely responsible for viewing, reading and abiding by the Linked Site's terms of use, terms of service, use policy, privacy policy, and related documents as applicable in your access to and use of the Linked Sites.
8. Warranty. THE SITES AND SERVICES, AND ALL MATERIALS AND CONTENT ACCESSIBLE THROUGH THE SITES AND SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. DRS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (i) THE SERVICES AND SITES WILL MEET YOUR REQUIREMENTS OR PURPOSE; (ii) THE SERVICES AND SITES WILL FUNCTION UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITES, SERVICES, OR CONTENT ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE AND/OR SERVICES PROGRAMMING OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR CONTENT, WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT, AND (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
9. Limitation of Liability. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DRS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COLLATERAL, CONTINGENT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOST DATA, OR LOST PROFITS, WHETHER OR NOT DRS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED; OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
10. Indemnity. You agree to indemnify, defend and hold harmless DRS from and against any and all claims, damages, demands, suits, actions, judgments, liabilities, defaults, or costs and expenses, including court costs and reasonable fees of outside counsel, against DRS arising out of or resulting from (a) any damage or injury to a third party which is caused by you in the course of performance of or as a result of performance of this Agreement; or (b) any violation of applicable laws or regulations; or (c) your breach of these Terms of Use.
11. Breach, Termination, and Enforcement of Terms of Use. In the event of your breach of these Terms of Use, DRS may, at its sole discretion, terminate or suspend your authorization to use the Sites or the Service without any liability to you. DRS reserves the right to undertake action, institute proceedings, or implement other enforcement measures DRS believes are reasonably necessary or appropriate to enforce and/or verify your compliance with any part of these Terms of Use. You agree that DRS has the right, without liability to you, to disclose registration data and/or account information to law enforcement authorities and/or government officials possessing valid authority, as DRS reasonably believes is necessary or appropriate to enforce and/or verify your compliance with any part hereof.
12. Governing Law and Jurisdiction. Regardless of its place of negotiation, execution, or performance, this Agreement shall be enforced and interpreted in accordance with the laws of the State of Florida, without regard to that state's choice of law statutes and provisions. Jurisdiction is exclusively in the state or federal courts of Florida. This Agreement shall be binding on the parties, their successors and assigns.
13. Export and Import Laws and Regulations. By accepting this Agreement, you hereby represent that you will comply with all applicable export and import laws and regulations during performance of this Agreement including, but not limited to, the U.S. Arms Export Control Act, as amended (22 U.S.C. §§ 2751-2799), the International Traffic in Arms Regulations, as amended (22 C.F.R. Part 120 et seq.), the Export Administration Act, as amended, (50 U.S.C. §§ 2401-2420), and the U.S. Export Administration Regulations, as amended (15 C.F.R. § 730 et seq.). You shall not export, disclose, furnish or otherwise provide any article, technical data, technology, defense service, or technical assistance of DRS to any foreign person or entity, whether within the U.S. or abroad, without obtaining, in advance, (a) appropriate U.S. government export authorization, and (b) written approval from DRS.
14. General Provisions. This Agreement constitutes the entire agreement between DRS and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure by DRS to enforce or exercise any provision of the Agreement shall not constitute a waiver of that right or provision.
15. Survival. Your obligations regarding privacy, confidentiality, intellectual property, indemnification, security and compliance with applicable laws and regulations shall survive the termination of this Agreement.