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.
 

General

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 site.

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.
 

Software Use

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 info@ess-kayyards.com.