This document sets forth the legal
terms and conditions for access to and use of the Ess-Kay Yards,
Inc. ("company")web site. By accessing or using this Web site or
the materials therein ("Site"), you agree to comply with and be
bound by the following terms and conditions.
This Web site may include inaccuracies or typographical errors.
The company and the third parties that provide content on this
Site may make improvements and/or changes in the products,
services, programs, and prices described in this Web site at any
time without notice. Changes are periodically made to the Web
Any action related to this Web site will be governed by the laws
of the state of New York and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.
Any software that is made available to you to download or use
directly from the Web site (the "Software") is the copyrighted
work of the company and/or third parties. Your use of the
Software is governed by the terms of the end user license
agreement, which accompanies or is included with the Software
(the "License Agreement"). You shall not install any Software
that is accompanied by or includes a License Agreement, unless
you first agree to the terms of the License Agreement.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Links to Third Party Web Sites
This Web site may be linked to other Web sites, which are
not under the control of and are not maintained by the company.
The company assumes no responsibility with respect to the linked
site, or for any potential damage arising from, of, or in
connection with the use of any such link. The company provides
these links to you only as a convenience, on an AS IS basis, and
the inclusion of any link to any such site(s) does not imply
endorsement by the company of those sites. The company reserves
the right to terminate any link or linking program at any time.
Limitation of Liability
Every user of this Site does so at their own risk. The
company makes no representations or warranties of any kind with
respect to the Site and the use thereof, including the security
of any data or information transmitted to the Site.
Neither the company nor any other party involved in the
creation, production or delivery of this Site assumes or accepts
any liability for any costs, losses, damages, etc. arising out
of or in connection with the use and access to this Site, or
with the failure of performance of this Site for any reason.
THE COMPANY AND ANY OTHER PARTY OR PARTIES INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THIS SITE SHALL NOT BE
LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS ON THIS WEB SITE. IN NO EVENT SHALL THE COMPANY BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT
ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THE COMPANY HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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 THE COMPANY OR ANY OTHER PARTY
OR PARTIES INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF
THIS SITE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK
DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THIS WEB SITE
OR THE MATERIALS CONTAINED IN OR OFFERED THEREIN. YOU FURTHER
AGREE TO HOLD THE COMPANY AND ANY OTHER PARTY OR PARTIES
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SITE
HARMLESS FROM, AND YOU COVENANT NOT TO SUE SAME FOR ANY CLAIMS
BASED ON USING THE WEB SITE.
Trademarks and Copyright
This Site and all of the materials therein are protected by the
Copyright Laws of the United States of America, and may be
protected by the copyright laws of other countries as well. Any
unauthorized use of the materials contained in the Site is
strictly prohibited. The company, the company's logo, and all
company-based trademarks and logos are trademarks or registered
trademarks of Ess-Kay Yards, Inc.
The Site may contain documents, images, software, information
and other materials owned by others, such as photographs,
commercials, film clips or other materials. Any use of any of
these materials is strictly prohibited, unless prior written
consent is obtained from the owners of the materials.
All other trademarks are the property of their respective
owners. Except where otherwise specified, the contents of this
Site are copyright ©2004 Ess-Kay Yards, Inc., Brewerton, New
York USA. All rights reserved.
Any unauthorized use of such trademark or trademarks is strictly
prohibited absent the prior written consent of the company
and/or the relevant third parties.
Please direct any questions or comments to