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TERMS & CONDITIONS
  
  At A Glance

Acceptance of Contract Terms:

The following are the terms of a legal agreement between you and On-Site Analysis Inc. By accessing, browsing and/or using this site On-Site Analysis, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on On-Site Analysis is protected by law, including (but not limited to) United States Copyright Law. On-Site Analysis is controlled and operated by On-Site Analysis Inc. from its offices within the United States ; those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
 
On-Site Analysis Services Agreement:
 
The On-Site Analysis Services Agreement governs the terms and conditions of use of all On-Site Analysis services. In order to use On-Site Analysis, you must register with On-Site Analysis and agree to the terms of the User Agreement.

Privacy:
 
On-Site Analysis Inc. believes strongly in protecting privacy. You should refer to our Privacy Policy to fully inform yourself on how On-Site Analysis uses and collects information.
 

Copyright Notice and Use Restrictions:
 
All site materials, including (without limitation) On-Site Analysis and On-Site Analysis logos, designs, text, graphics, other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © 1998 On-Site Analysis Inc. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of On-Site Analysis or the copyright owner. You may display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in these materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without On-Site Analysis permission, "mirror" any material contained on On-Site Analysis on any other server. Any unauthorized use of any material contained on On-Site Analysis may violate copyright, trademark, privacy, publicity, or regulatory laws or statutes.
 
Trademarks:
 
Trademarks, service marks, and logos used and displayed on On-Site Analysis are registered and unregistered Trademarks of On-Site Analysis and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of the trademark owner. The name of On-Site Analysis or the On-Site Analysis logo may not be used in any way, including advertising or publicity pertaining to distribution of materials on On-Site Analysis, without prior written permission. On-Site Analysis Inc. prohibits use of any On-Site Analysis logo as a "hot" link to On-Site Analysis unless establishment of such a link is approved in advance by On-Site Analysis in writing. All other trademarks, registered trademarks, product names and company names or logos mentioned in the site are the property of their respective owners. Any questions concerning the use of trademarks or whether a given trademark is a trademark of On-Site Analysis should be referred to On-Site Analysis at U.S. 1-800-285-7708.
 
Licenses and Site Access:
 
On-Site Analysis grants you a limited license to make personal use only of On-Site Analysis and its services. Such grant does not include, without limitation: (a) any resale or commercial use of the site or its services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of On-Site Analysis and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.
 
You are granted a limited; non-exclusive right to create a hyperlink to On-Site Analysis provided such link does not portray On-Site Analysis or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. If you would like to use an On-Site Analysis logo to link to this Site, you must obtain prior written permission from On-Site Analysis Inc. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any On-Site Analysis trademark, logo or other proprietary information, including the images found at On-Site Analysis, the content of any text or the layout/design of any page or form contained on a page without express written consent from On-Site Analysis. Further, you may not use any meta tags or any other "hidden text" utilizing an On-Site Analysis name, trademark, or product name without express written consent from On-Site Analysis. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of On-Site Analysis or any third party.
 
On-Site Analysis makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from On-Site Analysis, or web sites linking to On-Site Analysis. The linked sites are not under the control of On-Site Analysis and On-Site Analysis is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. On-Site Analysis is providing these links only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by On-Site Analysis of the target site or any information contained therein.
 
Submissions:
 
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to On-Site Analysis, or postings on On-Site Analysis, are non-confidential and shall become the property of On-Site Analysis Inc. On-Site Analysis shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to On-Site Analysis, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Notwithstanding the foregoing, all personal data provided to On-Site Analysis will be handled in accordance with On-Site Analysis Privacy Policy. As described more fully below, you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
 
Acceptable Conduct:
 
This Site may include areas for posting of comments and materials by you and other users, including, without limitation, listing information, graphics, and user feedback. All such postings must comply with the On-Site Analysis Services Agreement. In addition, On-Site Analysis may include discussion forums or other interactive areas, including user feedback areas, chat rooms or bulletin boards. Forums and interactive areas shall be used only for non-commercial purposes in accordance with the Services Agreement. You agree not to do any of the following in any posting (including those for any forum or interactive area):
 
Upload to, distribute or otherwise publish through On-Site Analysis any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
 
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and Without On-Site Analysis written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
 
On-Site Analysis Inc. takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, On-Site Analysis Inc. is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.
 
Enforcement:
 
On-Site Analysis Inc. has the right (but not the obligation) to monitor any posting, activity and Content associated with On-Site Analysis. On-Site Analysis Inc. may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, restricting access to and/or removal of posted Content. On-Site Analysis Inc. reserves the right and has absolute discretion, to remove, screen, deny access or edit any Content that violates these provisions or is otherwise objectionable. On-Site Analysis Inc. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect On-Site Analysis systems and customers, or to ensure the integrity and operation of On-Site Analysis business and systems, On-Site Analysis Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), network addressing and traffic information, usage history, and posted Content. On-Site Analysis right to disclose any such information shall govern over any terms of On-Site Analysis Privacy Policy.
 
Your Indemnification:
 
You shall remain solely liable for the Content of any posting, messages or other information you upload or transmit to On-Site Analysis Inc., including the discussion forums or interactive areas of On-Site Analysis. You agree to indemnify and hold harmless On-Site Analysis from any claim, action, demand, loss, or damages (including litigation fees) made or incurred by any Third-Party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a Third-Party.
 
Third-Party Content & Services:
 
On-Site Analysis may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. On-Site Analysis does not monitor nor has any control over any Third-Party Content or third party Web sites. On-Site Analysis does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. On-Site Analysis does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving On-Site Analysis, you should be aware that On-Site Analysis terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third-Party Content contained therein are at your own risk.
 
Term of Use Revisions:
 
On-Site Analysis Inc. may at any time revise these Terms of Use by updating this posting. By using On-Site Analysis, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the most current Terms of Use to which you are bound.
 
Disclaimer Warranty:
 
On-Site Analysis AND ITS SERVICES ARE OFFERED BY On-Site Analysis Inc., ITS AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING On-Site Analysis AND SERVICES (COLLECTIVELY, On-Site Analysis PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). On-Site Analysis Inc. AND On-Site Analysis PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. On-Site Analysis Inc. AND On-Site Analysis PROVIDERS DO NOT REPRESENT OR WARRANT THAT MATERIALS ON On-Site Analysis ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. On-Site Analysis Inc. AND On-Site Analysis PROVIDERS DO NOT REPRESENT OR WARRANT THAT On-Site Analysis OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ON-SITE ANALYSIS DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING On-Site Analysis AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
 
Limitation of Liability:
 
IN NO EVENT SHALL On-Site Analysis Inc. AND On-Site Analysis PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE On-Site Analysis, ITS SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH On-Site Analysis OR ITS SERVICES, EVEN IF On-Site Analysis Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
   
Applicable Law and Venue:
 
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA , 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 COURTS LOCATED WITHIN THE JURISDICTION OF Florida, 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 TERMS AND CONDITIONS.
 
Termination:
 
Notwithstanding any of these terms and conditions, On-Site Analysis Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use On-Site Analysis, and to block or prevent future access to and use of On-Site Analysis.

PRIVACY POLICY
 
This statement discloses the privacy practices for www.on-siteanalysis.com, an Internet site owned and operated by On-Site Analysis Inc. On-Site Analysis is committed to your privacy and this policy statement informs you about what personal information is gathered and tracked from this web site and how that information is used. Areas included herein:
Data Collected
Removal from Communications
Update & Correction Policy
Acceptance of These Terms
 
DATA COLLECTED
 On-Site Analysis Inc. collects, identifying personal information when you voluntarily request membership registration on our site. This includes, but is not limited to: Membership registration and renewal, Online purchases In addition, the network address of the clients from which people visit us may be tracked and this data is used to analyze trends and statistics, but individual users remain anonymous.
If you choose not to provide the information we request, you can still visit most of the web site, but you may not be able to access certain member services. Personal information gathered on this web site may be shared with third parties, such as On-Site Analysis Inc., or be used for specific prize awards and notification.
 
REMOVAL FROM COMMUNICATIONS
 The web site visitors are offered the opportunity to opt-out of receiving communications from us. During registration, you can choose not to receive our e-mail.
On-Site Analysis Inc. gives you the following option for removing yourself from future communications:
Notice given to On-Site Analysis Inc. via Email at: On-Site Analysis Inc.
If you receive an email message or advertisement, you can choose to remove yourself from the mailing list at any time by following the specific instructions found at the footer of the message.
 
UPDATE & CORRECTION POLICY
On-Site Analysis Inc. provides you with an opportunity to correct or change the information provided during registration. The instructions for doing this can be found in our Members Only Area. Users may change this information at any time and as often as necessary. Users who are experiencing problems or who have any questions about how this site works can contact us through our Contacts page.
 
ACCEPTANCE OF THESE TERMS
By your use of this site, you signify your concurrence to the On-Site Analysis Inc. Privacy Policy. If you do not agree to this policy, please do not use this site. We reserve the right to change, modify, add, or remove portions of this Policy at any time and at our discretion. Please check this page periodically for changes. Your continued use of the On-Site Analysis Inc. web site following the posting of changes to these terms will mean you accept those changes. On-Site Analysis Inc. is not responsible for the privacy practices or the content of such other web sites whose links are contained on the On-Site Analysis site.

On-Site Analysis Inc. Online Services Agreement :
 
Welcome to On-Site Analysis! This Services Agreement describes the terms and conditions that apply to the services offered by On-Site Analysis Inc. on On-Site Analysis. FOR AND USING YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. On-Site Analysis Inc. reserves the right to change any of the terms and conditions contained in On-Site Analysis this Agreement or any policy or guideline of On-Site Analysis, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions on On-Site Analysis. Changes or modifications to policies and guidelines may be posted without notice to you. Your continued use of On-Site Analysis and its services following On-Site Analysis posting of its changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OF ON-SITE ANALYSIS INC.
 
1. Eligibility
On-Site Analysis point-of-sale services may only be used by persons who can enter into legally binding contracts under applicable law for the sale or purchase of goods or services. Consequently, we may require a valid credit card number, billing address, and credit card expiration date. We use this information to charge your credit card for fees due to On-Site Analysis associated with your purchases from On-Site Analysis. On-Site Analysis and to verify your name, address, and other information. Your credit card password and credit card number is not disclosed in aggregate or otherwise to any unauthorized third party but may be disclosed for resolving billing disputes with your credit card company.
 
2. Fee and Payment Terms
Unless otherwise stated, all fees are quoted in U.S. dollars. The Fees and Payment Terms are subject to change in On-Site Analysis sole discretion. Therefore, the Fees and Payment Terms applicable to any transaction are governed by the terms in effect at the date of the listing of an item for sale on On-Site Analysis. Shipping terms applicable to an item will be disclosed at the time of purchase. You are responsible for the payment of any and all applicable taxes, shipping and other costs you incur from using On-Site Analysis services.
 
3. General Rules and Policies
The policies in this section are expressly incorporated by reference into this Agreement, and you should review each carefully. The Site Terms of Use set forth terms, conditions and restrictions applicable to your access and use of On-Site Analysis, including copyright and trademark notices. As discussed below, the On-Site Analysis Privacy Policy governs the collection and use of user information on On-Site Analysis. These policies may be changed or modified without notice to you at any time in On-Site Analysis sole discretion and are effective upon posting to On-Site Analysis. Therefore, you should review these policies regularly.
 
You agree not to interfere with the operations of On-Site Analysis. You agree not to impose any unreasonably or disproportionately large load on On-Site Analysis systems or facilities. You agree not to put any material on On-Site Analysis that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
 
UNLESS OTHERWISE SPECIFIED, ALL GOODS OR SERVICES SOLD THROUGH ON-SITE ANALYSIS ARE SOLD "AS IS" AND ON-SITE ANALYSIS INC. DOES NOT PROVIDE AND HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY GOOD OR SERVICE LISTED ON ON-SITE ANALYSIS.
 
4. Authentication and Security
Authenticating persons is difficult over the Internet. Consequently, On-Site Analysis Inc. cannot and does not positively verify the identity of any user involved in third-party transactions. On-Site Analysis Inc. strongly urges you to be aware of the risks in dealing with people whom you do not know and that On-Site Analysis Inc. has no control over these risks. On-Site Analysis Inc. attempts to assist by offering a safeguard in requiring sellers to be current On-Site Analysis membership holders, but this is not foolproof and there are no assurances this system will be accurate or that it cannot be manipulated. In general you should always act with care and communicate with the person on the other side of the transaction to help you evaluate that person, but also to do so thoughtfully and carefully so as not to make yourself unduly vulnerable to someone you do not know.
 
You may not disclose your On-Site Analysis password to any other party and are solely responsible for any use of or action taken under your account on On-Site Analysis. Your password may be used only to access and use On-Site Analysis services. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use On-Site Analysis services, including, without limitation, computer hardware and software, modems, and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your On-Site Analysis account.
 
5. Enforcement
On-Site Analysis Inc. may investigate any reported violation of this Agreement, its policies or guidelines, or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, members, and/or third parties. On-Site Analysis actions may include, but are not limited to, issuing warnings, suspension or termination of services, and/or removal of or disabling access to content hosted on On-Site Analysis Inc. systems. On-Site Analysis Inc. reserves the right and has absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. On-Site Analysis Inc. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.
 
6. License
By entering into this Agreement and submitting any information or materials to On-Site Analysis Inc. you hereby grant On-Site Analysis Inc. a non-exclusive, worldwide, royalty-free, irrevocable, and sub licensable right to exercise all copyright and rights of publicity over such materials, in any existing or future media, known or unknown and to use and reproduce those materials as is necessary to provide On-Site Analysis services. On-Site Analysis Inc. grants you a limited license to make personal use only of On-Site Analysis and its services. Such grant does not include, without limitation: (a) any resale or commercial use of On-Site Analysis or its services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of On-Site Analysis or its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.
 
7. Your Information and Privacy
On-Site Analysis Inc. takes reasonable measures to respect the privacy of our users. On-Site Analysis Inc. will take reasonable measures not to disclose information about you or the contents of your communications in accordance with the On-Site Analysis Privacy Policy, except that On-Site Analysis Inc. reserves the right to do so if it believes in its sole discretion that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that any content violates the rights of third parties or the law; or (e) to protect the interests of On-Site Analysis Inc., its subcontractors, agents, users or third parties. You agree not to make use of anyone else's information other than as necessary to participate on On-Site Analysis and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by On-Site Analysis Inc. regarding another user of On-Site Analysis services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from On-Site Analysis, including the use of third-party services, (b) for communications with On-Site Analysis Inc., or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by On-Site Analysis Inc. except as provided by this Agreement or with On-Site Analysis consent. You further agree not to use any information accessible from On-Site Analysis for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. For more information about On-Site Analysis collection and use of personal data, please read the On-Site Analysis Privacy Policy.
 
8A. Your Disclaimer of Warranties
You hereby represent and warrant that (a) you possess the legal right and ability to enter into this Agreement; (b) you will use On-Site Analysis services only for lawful purposes and in accordance with this Agreement and any applicable policies; and (c) you will be financially responsible for the use of your On-Site Analysis account and all purchases or transactions you enter into through On-Site Analysis or its services.
 
8B. On-Site Analysis Disclaimer of Warranties
ON-SITE ANALYSIS AND ITS SERVICES ARE OFFERED BY ON-SITE ANALYSIS INC. ITS AGENTS, AND SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING ON-SITE ANALYSIS AND ITS SERVICES (COLLECTIVELY, ON-SITE ANALYSIS INC. PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). ON-SITE ANALYSIS INC. AND ON-SITE ANALYSIS INC. PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS, OR THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ON-SITE ANALYSIS INC. DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
 
9. Indemnification
You hereby release, hold harmless, and indemnify On-Site Analysis Inc. and its affiliates and Providers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by On-Site Analysis Inc. arising out of or relating to (a) the violation or breach of any term, condition, representation or warranty of this Agreement; (b) improper or illegal use of On-Site Analysis Inc. services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party.
 
10. Limitation of Liability
IN NO EVENT SHALL ON-SITE ANALYSIS INC. OR ON-SITE ANALYSIS PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ON-SITE ANALYSIS, ITS SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH ON-SITE ANALYSIS OR ITS SERVICES, EVEN IF ON-SITE ANALYSIS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE ON-SITE ANALYSIS INC. AND ITS PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
11. Termination
In its sole discretion, On-Site Analysis Inc. may terminate this Agreement or prohibit or suspend access to On-Site Analysis or its services by you at any time, without prior notice or liability. Termination or suspension may occur, without limitation, if: (a) your use of On-Site Analysis services violates this Agreement or any applicable policy or guideline, is potentially illegal or harmful to On-Site Analysis Inc. or any other party, or could subject On-Site Analysis Inc. to liability or additional expense; (b) providing On-Site Analysis services becomes technically or commercially unfeasible; or (c) you fail to pay any charges due to On-Site Analysis Inc. The following contract sections will survive termination of this Agreement and On-Site Analysis services: "Enforcement", "Indemnification", "and Your Disclaimer of Warranties “, “On-Site Analysis Inc. Disclaimer of Warranties", "Limitation of Liability", and "General Provisions".
 
12. General Provisions
a. Applicable Law: THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN FLORIDA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
b. Compliance with Laws: You shall at all times comply with all applicable laws and regulations regarding the use of On-Site Analysis services and your listing or purchase of items/services on On-Site Analysis. You shall indemnify and save On-Site Analysis Inc. harmless from your failure to so comply. You agree that On-Site Analysis Inc. shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.
c. Disputes: Except for items and services offered by On-Site Analysis Inc., On-Site Analysis Inc. cannot and will not be involved in disputes between parties arising from or related to any third-party transaction.
d. No Agency: On-Site Analysis Inc. is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
e. Severability: Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Further, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect.
f. Claim Limitation: You agree regardless of any statute or law to the contrary that any claim or cause of action arising out of or relating to On-Site Analysis, use of its services, or this Agreement must be filed within one (1) year after such claim of action arose or be forever barred.
g. Waiver: On-Site Analysis failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of On-Site Analysis Inc. right to subsequently enforce such provision or any other provisions of this Agreement.
h. Assignment/Resale: You may not assign this Agreement, by operation of law or otherwise, without On-Site Analysis Inc. prior written consent. On-Site Analysis Inc. may assign its rights and obligations under this Agreement without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. You agree not to resell your rights or obligations under these terms and conditions and not to make any unauthorized commercial use of On-Site Analysis or its services.
i. Notices: Any notice you make to On-Site Analysis Inc. must be made by either e-mail or regular mail. On-Site Analysis Inc. may give notice of changes or modifications to this Agreement or other policies applicable to On-Site Analysis or its services by posting a notice of them on On-Site Analysis.
j. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

BROWSER SECURITY
 
We recognize that your privacy and security are of the utmost importance, and we have devoted a great deal of effort to ensure that your personal information is safeguarded. Providing you with a secure online experience is a top priority of On-Site Analysis Inc. If you use a security-enabled browser (such as Microsoft Internet Explorer version 2.1 or greater, or Netscape Navigator version 2.0 or greater) paying attention to two browser features will decrease the chances for the unintended or fraudulent use of your personal information:
 
1. Browser security settings.
Your browser security preference settings are your first line of defense to stopping the theft or unwanted viewing of confidential, personal information. The most popular browsers offer you the ability to receive an alert or notification if any of the following happen or are about to occur: changing between secure and insecure transmission modes receiving an invalid site identification for the site to which you are about to transmit sending a transmission over an "open" or unsecured connection Check the settings of your browser security features to see all the checks that are possible and those that are currently in place.
 
2. Browser security signals.
The presence of security measures surrounding the entry of data on a web page is identified in several ways for you on your browser: the URL identifying the page will always begin with "https://" versus the normal "http://". a security symbol will appear to indicate operation in a mode that supports secure transmissions: either a "closed lock" icon is present in the bottom right-hand corner of your Microsoft Internet Explorer browser screen, or an "unbroken key" icon appears in the lower left-hand corner of the Netscape Navigator browser screen. If you are not using a browser with these standard security features, or if you are still uncomfortable with submitting your personal information via the Internet for any reason, please feel free to Contact Us over the phone or via fax to complete your order.
 
ENCRYPTION PROTECTION
 
Encryption is a process by which software is used to scramble sensitive information while it is in transit to and from On-Site Analysis. Providing encrypted information online has proven overall to be as safe as providing it over the phone. On-Site Analysis currently uses the industry-standard SSL (Secure Sockets Layer) encryption protocol, but we continue to keep up with current Internet technologies in order to provide the best security for our customers.
 
SSL encryption is based on a key that has two different parts: the public part and the private part. The public part of On-Site Analysis security key is sent to your browser and is used to encrypt your sensitive information before it is sent across the Internet to us. That means, if at any point during the transmission your information is intercepted, it is scrambled and extremely difficult to decrypt. Once your encrypted information arrives, our servers use the private part of On-Site Analysis Inc. Online's security key to decode your browser transmission.
 
On-Site Analysis encrypts your credit card information. Once your credit card is submitted online, we store credit card information on a secured database. After you key it in, your card information is stored in this database and is only accessed to charge your account or verify your identity; this information is stored in no other place.

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