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Terms of Use
Welcome to our Web site. By using our site, you are agreeing
to comply with and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you should not
use this site.
- Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
- Copyright. The content, design and organization of the Site
are protected under applicable copyrights, trademarks and other proprietary
rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 3 below, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right
in such information and materials. Some of the content on the site may be the
copyrighted work of third parties.
- Limited License; Permitted Uses. You are granted a
non-exclusive, non-transferable, revocable license to access and use the Site
strictly in accordance with this Agreement; to use the Site solely for
internal, personal, non-commercial purposes; and to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of the Site
or its contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
- Linking to the Site. You may provide links to the Site,
provided that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on the Site, your site
does not engage in illegal or pornographic activities, and you discontinue
providing links to the Site immediately upon request by us.
- Advertisers. The Site may contain advertising and
sponsorships. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser’s or sponsor’s materials.
- Registration. Certain sections of the Site may require you
to register. If registration is requested, you agree to provide us with
accurate, complete registration information. Your registration must be done
using your real name and accurate information. Each registration is for your
personal use only. We do not permit any other person using the registered
sections under your name or access through a single name being made available
to multiple users on a network. You are responsible for preventing such
unauthorized use.
- Errors, Corrections and Changes. We do not represent or
warrant that the Site will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not represent or warrant
that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site.
- Third Party Content. Third party content may appear on the
Site or may be accessible via links from the Site. We are not responsible for
and assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by nor
does it necessarily reflect our belief.
- Unlawful Activity. We reserve the right to investigate
complaints or reported violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to such
persons or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information.
- Indemnification. You agree to indemnify, defend and hold us
and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not
transferable or assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
- Disclaimer. THE INFORMATION AND, CONTENT OF THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. We and any Affiliated Party shall
not be liable for any claim or loss of any kind resulting in any way from any
errors in or omissions or any services or products obtainable from the Site,
the unavailability or interruption of the Site, or any delay or failure in
performance beyond the control of a Covered Party. The aggregate liability of
us and any affiliated parties in connection with any claim or loss arising out
of or relating to the site and/or the products, information, and services
provided shall not exceed $100 and that amount shall be in lieu of all other
remedies which you may have against us and any affiliated party.
- Use of Information. We reserve the right to the use and
assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you to us
will forever be our property. We will not be required to treat any submission
as confidential, and will not be liable for any ideas and will not incur any
liability as a result of any similarities that may appear in our future
products, services or operations. We will be entitled to use the submission
for any commercial or other purpose whatsoever, without compensation to you or
any other person sending the submission.
- Third-Party Services. We may allow access to or advertise
certain third-party product or service providers from which you may purchase
certain goods or services. You understand that we do not operate or control
the products or services offered by them. They are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and them. You agree that
use of or purchase from such parties is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Privacy Policy. Our Privacy Policy, as it may change from
time to time, is a part of this Agreement.
- Payments. You represent and warrant that if you are
purchasing something from us that (i) any credit information you supply is
true and complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
- Links to other Web Sites. The Site may contain links to
other websites. We are not responsible for the content, accuracy or opinions
express in such websites, and such websites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked website on
our Site does not imply approval or endorsement of the linked website by us.
If you decide to leave our Site and access these third-party sites, you do so
at your own risk.
- Trademarks. Microsoft, SharePoint, Windows, and Windows NT, are registered
trademarks of Microsoft Corporation. The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. All trademarks are the
property of their respective owners.
- International Users. The export and re-export of
software products are controlled by the United States Export Administration
Regulations, and such software may not be exported or re-exported to Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban-controlled areas of
Afghanistan, or any country to which the United States embargoes goods. In
addition, Metolius Software, Inc.'s software may not be distributed to persons
on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals. By downloading a software product from this site, you
are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria, the Taliban-controlled areas of Afghanistan, or any
country to which the United States embargoes goods, and that you are not a
person on the Table of Denial Orders, the Entity List, or the List of
Specially Designated Nationals.
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