Terms of Use

Please read the terms of use and the privacy policy that follow. By clicking below, you assent that you have read, understand and agree to the terms of use and the privacy policy. You must be at least 18 years of age to use this site. Yarkon LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You agree to check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms, including the Privacy Policy, will mean you accept those changes. You represent and warrant to Yarkon LLC that you will fully comply with the Terms and Conditions of Use and the Privacy Policy. The Yarkon LLC Web Site is owned and operated by Yarkon LLC (referred to as “Yarkon LLC,” “We,” “Us,” “Our,” “Web Site”). If you do not agree to the terms outlined in this Agreement, please do not use the site.

Privacy Policy

The Privacy Statement outlines our policy to respect the privacy of users. Please be sure to read our policy.

Rights and Restrictions on Use

You shall use the Web Site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or spam. You further agree that you will not use the Web Site to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the site or restrict access to all parts of the site without notice or liability.

Linking Sites

Links in this Web Site may let the user leave the Yarkon LLC site. The linked sites are not under the control of Yarkon LLC, and we are not responsible for the content available on any other internet sites linked to the Web Site. We are providing these links to other internet sites as a convenience to users, and access to any other internet sites linked to this Web Site is at the user’s own risk. The inclusion of any link does not imply a recommendation or endorsement by us of the linked site. This includes all affiliates. Please refer to the terms of use and privacy policy for each site visited.

Disclaimer of Warranties

The materials and the information offered on and in this site are provided “as is” and without warranties of any kind, either express or implied. You expressly agree that your acceptance and use of this Web Site is at your sole risk. To the fullest extent permissible pursuant to applicable law, *Yarkon LLC disclaims all warranties, express or implied, including, but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose related to the use of the Web Site. Yarkon LLC does not warrant that the Web Site, computer systems or software will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. You (and not Yarkon LLC) assume the entire cost of all necessary servicing, repair or correction. Furthermore, Yarkon LLC does not warrant or make any representations regarding the materials, goods, content or services posted either by Yarkon LLC, its advertising partners (affiliates) or advertised on the Web Site. As a service to our users, we may provide access to third party affiliates and ask that you review their company policies, including but not limited to their terms of use and privacy policy. You agree that neither Yarkon LLC, nor its affiliated or related entities, are responsible or liable to you for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any product, information or opinions provided on and through this site.

Limitation of Liability

You assume total responsibility and risk for your use of this site. You agree to indemnify, defend and hold harmless Yarkon LLC from and against any and all damages, claims, demands and liabilities, including attorney’s fees, that directly or indirectly arise from, relate to, or result from use of this Web Site, either during this agreement or after termination, and/or any service provided by Yarkon LLC. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

This site is controlled and operated by Yarkon LLC. Our proprietary software, and our materials on this Web Site, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our Web Site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the Intellectual Property to a single computer for purposes of viewing and browsing the Intellectual Property, except where otherwise specified. Except as expressly authorized herein, material from this Web Site and from any other web site owned, operated, controlled, or licensed by Yarkon LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Yarkon LLC’s intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Minors

Yarkon LLC does not knowingly collect information from anyone under the age of 16. This site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult.

Indemnification

You agree to indemnify Yarkon LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the Terms of Use.

Choice of Law and Jurisdictional Issues

This site is controlled and operated by Yarkon LLC from its offices within the State of New Jersey, United States of America. We make no representation that materials in our Web Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment and Succession

You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, Yarkon LLC, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete Integration

This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Yarkon LLC and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this Web Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about Yarkon LLC’s Terms and Conditions of Use, please email us at: info@yarkon.idanco.com. The Terms of Use including the Privacy Policy can change at any time without notice. It is the responsibility of the user to periodically check this url: Privacy Statement.

Contact Information

Yarkon LLC
148 Poverty Hollow Rd.
Redding, CT 06896
USA

This agreement was last updated on August 30th, 2004.