Terms and Conditions

Effective 09/04/2008, Last Modified 09/04/2008

These Terms of Use ("Site Terms") govern your access to, and use of, this Web site located at http://www.descente.com (the "Site"), operated by Descente North America ("Descente"). These Site Terms apply solely to your access to and use of the Site, and do not alter in any way the terms or conditions of any other agreement you may have with Descente for products or services.

BY ACCESSING, BROWSING, OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN, AND ANY POLICIES REFERENCED BY, THESE SITE TERMS, INCLUDING ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE.

Privacy

Your privacy is important to Descente. Accordingly, Descente has adopted a Privacy Policy. You should refer to Descente's Privacy Policy to understand how Descente collects, uses and discloses your personal information.

Copyright and License

All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright © 2008 Descente, Inc. and/or its licensors.

Descente grants you a limited license to make personal use only of the Materials for your information purposes only. This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Descente or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Trademarks and Service Marks

"Descente.com," "Descente," and Descente's logos are trademarks, service marks or registered trademarks of Descente or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Descente or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Descente's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Descente, and may not be copied, imitated, or used, in whole or in part, without Descente's prior written permission. All other Descente names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Descente.

Limited Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

Applicable Law and Venue

These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and entirely to be performed within the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Weber County, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Changes to these Terms

Descente reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy of the Site, from time to time at any time and in its sole discretion. If Descente decides to change these Site Terms or a Site policy, it will post a new version on the Site and update the effective date set forth above. Any changes or modifications to these Site Terms will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Site Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

General Terms

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.