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Terms of Use
PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”)
CAREFULLY BEFORE USING THIS WEB SITE. (“”, “WE”, “US”)
PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES (COLLECTIVELY, THE “SITE”)
SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT. BY USING THE SITE, YOU (“USER”, “YOU”) AGREE TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE
SITE.
GENERAL. reserves the right at any time to: (a)
change the terms and conditions of this Agreement or impose new conditions; (b)
change the Site; or (c) modify, eliminate or discontinue any of the products
and/or services offered or described on the Site, including, without limitation,
the e-commerce portion of the Site and any of the products and/or services
offered or described thereon (collectively, the “”). Any changes we
make will be effective immediately upon posting on the Site. Any use of the Site
by User after such notice shall be deemed to constitute acceptance by User of
such changes, additions, modifications, eliminations or discontinuations.
The information on the Site does not constitute, nor shall it be deemed
to constitute, an invitation to invest or otherwise deal in shares of or
any other company.
Code of Conduct. While using the Site and/or
the products and services offered in the and anywhere else on the
Site (collectively, the “Products”), you agree not to:
• Restrict or
inhibit any other visitor or member from using the Site, including, without
limitation, by means of "hacking" or defacing any portion of the Site;
•
Use the Site and/or the Products for any purpose other than support of your
internal business or personal activities in acquiring the Products;
• Use
the Site and/or the Products for any unlawful purpose;
· Express or imply
that any statements you make are endorsed by us, without our prior written
consent;
• Transmit (a) any content or information that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable or infringes on our or any third party’s intellectual property or
other rights; (b) any material, non-public information about companies without
the authorization to do so; (c) any trade secret of any third party; or (d) any
advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or other unsolicited commercial communication (except as otherwise
expressly permitted by us);
· Engage in spamming or flooding;
•
Transmit any software or other materials that contain any virus, worm, time
bomb, Trojan horse or other harmful or disruptive component;
• Modify,
adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site and/or the Products;
• Remove any copyright,
trademark or other proprietary rights notices contained in the Site;
•
"Frame" or "mirror" any part of the Site without our prior written
consent;
• Use any robot, spider, site search/retrieval application or
other manual or automatic device or process to retrieve, index, “data mine,” or
in any way reproduce or circumvent the navigational structure or presentation of
the Site or its contents; or
• Harvest or collect information about
visitors or members of the Site without their express consent.
While
using the Site and/or the Products, you agree to comply with all applicable
laws, rules and regulations.
WARRANTY DISCLAIMER. THE SITE, THE
PRODUCTS, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO
APPLICABLE LAW, AND OUR AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE OR OTHER VIOLATION OF RIGHTS. AND OUR AFFILIATES,
SUPPLIERS, ADVERTISERS AND AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
THAT YOUR USE OF THE SITE OR USE OF THE MATERIALS ON THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE OR THAT DEFECTS WILL BE CORRECTED OR THAT
THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR THE MATERIALS ON THE SITE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED
THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE
PRODUCTS OR THE MATERIALS ON THE SITE AND YOUR RELIANCE THEREON. NO OPINION,
ADVICE OR STATEMENT OF OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS OR
AGENTS, WHETHER MADE ON THE SITE, IN THE PRODUCTS, IN THE MATERIALS ON THE SITE
OR OTHERWISE, SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, : (a)
DISCLAIMS AND SHALL NOT HAVE ANY OBLIGATION TO UPDATE OR VERIFY THE ACCURACY OF,
AND DOES NOT GUARANTEE THE ACCURACY OF, ANY STATEMENTS LOCATED ON THE INVESTOR
RELATIONS, NEWS & INFORMATION AND OTHER SECTIONS OF THE SITE AND (b) IN NO
EVENT SHALL BE RESPONSIBLE OR LIABLE FOR THE DELIVERY OF, FAILURE TO DELIVER OR
THE CONTENTS OF ANY E-MAIL ALERTS.
A possibility exists that the Site
could include inaccuracies or errors or materials that violate this Agreement
(including, the Code of Conduct above). Additionally, a possibility exists that
unauthorized alterations could be made by third parties to the Site. Although we
attempt to ensure the integrity of the Site, we make no guarantees as to the
Site’s completeness or correctness. In the event that such a situation arises,
please contact us at with, if possible, a description of
the material to be checked and the location (URL) where such material can be
found on the Site, as well as information sufficient to enable us to contact
you. We will try to address your concerns as soon as reasonably practicable. For
copyright infringement claims, see the section on "Claims of Copyright
Infringement" below.
LIMITATION OF LIABILITY. IN NO EVENT WILL
OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS OR AGENTS BE LIABLE TO ANY PARTY
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATED IN ANY WAY TO THE SITE AND/OR
CONTENT CONTAINED ON THE SITE OR IN OR ON ANY OF THE PRODUCTS PURCHASED THROUGH
THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE
SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTIONS (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO
ACCESS THE SITE.
MAKING PURCHASES. If you wish to purchase any of
the Products (through the Partner Online Ordering or anywhere else on the Site),
you will be asked by to supply certain information applicable to your
purchase, including, without limitation, credit card and other personal
information. You understand that any such information will be treated by
in the manner described in our Privacy Policy, which can be found at
Privacy.
However, cannot guarantee that a third party will not be able to access
such information or any other information sent by you over the Internet. You
agree that all information that you provide to will be accurate, current
and complete. You agree to pay all charges incurred by you or any users of your
account, credit card or other payment mechanisms at the price(s) in effect when
such charges are incurred. You also will be responsible for paying any
applicable taxes relating to your purchases.
AVAILABILITY OF THE
PRODUCTS. makes no guarantee that any of the Products will be
available when ordered. Descriptions or images of, or references to, the
Products do not imply 's endorsement of the Products. We reserve the right,
without prior notification, to change such descriptions or references or to
limit the order quantity on any of the Products. Verification of information may
be required prior to 's acceptance of any order. Price and availability of
any of the Products are subject to change without notice. Without limiting the
generality of the disclaimers in this Agreement, specifically disclaims
the accuracy, including completeness, reliability and timeliness, of any
descriptions, specifications and other information related to the
Products.
SOFTWARE PARTNERS/WORLDWIDE PARTNERS. lists
software partners and worldwide partners as an informational service only. These
listings are not an endorsement or recommendation, implied or otherwise, of any
of these software partners and worldwide partners. Each company listed is
independent from and is not under the control of ; therefore,
accepts no responsibility for, and disclaims any liability from, the actions of
the listed companies. You should make your own independent evaluation before
conducting business with any company. Partner information on the Site may change
without our knowledge. Please contact with updated
information.
LINKS TO THIRD PARTY SITES. There may be links on the
Site that will permit you to travel to other, third-party sites over which
has no control, including, without limitation, links to news, investment and
industry third-party sites (the “External Sites”). makes no
representations whatsoever about the content of any of the External Sites or
about any of the links contained in the External Sites that you may access
through the Site. does not endorse or accept any responsibility for the
content on, or use of, the External Sites. You should contact the site
administrator or webmaster for any External Site if you have any concerns
regarding such links or the content located on such External Site. Furthermore,
there are inherent dangers in the use of any software available for downloading
on the Internet, and cautions you to make sure that you completely
understand the potential risks (including the potential infection of your system
by computer viruses) before downloading any software or files. You solely are
responsible for adequate protection and backup of the data and equipment used in
connection with any software or files.
INTELLECTUAL PROPERTY. You
acknowledge and agree that the Site and any necessary software used in
connection with the Site (the "Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Site or advertisers
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by or our
affiliates, suppliers, advertisers and agents, you agree not to modify, rent,
lease, loan, sell, assign, sublicense, distribute, grant a security interest in
or otherwise transfer any right in the Site or the Software, in whole or in
part; reverse engineer, reverse assemble or otherwise attempt to discover any
source code in the Site or the Software, in whole or in part; or create a
derivative work based on the Site or the Software, in whole or in part. Subject
to the foregoing restrictions, grants you a personal, non-transferable and
non-exclusive right and license to use the object code of the Software on a
single computer. You agree not to modify the Software in any manner or form or
to use modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Site. You agree not to access
the Site by any means other than through the interface that is provided by
for use in accessing the Site.
CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that
materials hosted by infringe your copyright, you (or your agent) may send
us a notice requesting that the material be removed or access to it blocked. The
notice must include the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed (or if multiple copyrighted works located on the
Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the
subject of infringing activity and information reasonably sufficient to allow
to locate the material on the Site; (d) the name, address, telephone
number and email address (if available) of the complaining party; (e) a
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent or law; and (f) a statement that the information in the notification
is accurate and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed. If you believe in good faith that a notice of copyright infringement
has been filed wrongly against you, the DMCA permits you to send a
counter-notice. Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and
counter-notices with respect to the Site should be sent to . We
suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for false claims
under the DMCA.
OWNERSHIP AND RESTRICTIONS ON USE. ©2003
Software, Inc. All Rights Reserved. The Site is owned and operated by us in
conjunction with others pursuant to contractual arrangements. You may not copy,
reproduce, republish, upload, post, transmit or distribute materials from the
Site in any way, without our prior written consent. Modification of the
materials or use of the materials for any other purpose is a violation of our
copyright and other proprietary rights and is strictly prohibited. You
acknowledge that you do not acquire any ownership rights by using the
Site.
INDEMNIFICATION. You agree to indemnify, defend and hold
us, our officers, directors, employees, agents and representatives harmless from
and against any and all claims, damages, losses, costs (including reasonable
attorneys’ fees) or other expenses that arise directly or indirectly out of or
from: (a) your breach of this Agreement, including any violation of the Code of
Conduct above; (b) any allegation that any materials that you submit to us or
transmit to the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third party;
and/or (c) your activities in connection with the
Site.
JURISDICTION. The Products (whether available for purchase
anywhere on the Site) are subject to United States export controls. None of the
Products may be downloaded or otherwise exported or re-exported: (a) into (or to
a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria,
Yugoslavia or any other country to which the United States has embargoed goods;
or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using any of the Products, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or on
any such list.
We reserve the right to limit the availability of the Site
and/or the provision of any of the Products described thereon to any person,
geographic area or jurisdiction we so desires at any time and in our sole
discretion, and to limit the quantities of any of the Products that we provide.
Furthermore, we make no representation that the Products or any other materials
in or on the Site are appropriate or available for use in any location where
such use is prohibited. Those who choose to access the Site from locations where
such access and use are prohibited do so on their own initiative and at their
own risk and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
TERMINATION. This Agreement
shall remain effective until terminated in accordance with its terms. Either
party may terminate this Agreement immediately upon notice to the other party.
In addition, we reserve the right to immediately terminate this Agreement,
and/or your access to and use of the Site or any portion thereof, at any time
and for any reason, with or without cause. Upon termination of this Agreement by
either party, your right to use the Site shall immediately cease, and you shall
destroy all materials obtained from the Site and all copies thereof, whether
made under the terms of this Agreement or otherwise. You agree that any
termination of your access to the Site under any provision of this Agreement may
be effected without prior notice. You further agree that shall not be
liable to you or any third party for the termination of your access to the Site.
LEGAL NOTICES. Under California Civil Code Section 1789.3.
California residents are entitled to the following specific consumer rights
information:
(a) Pricing Information: Current rates for the Products may
be obtained by calling Sales at . We reserve the right to
change fees, surcharges, monthly or other periodic fees or to institute new fees
at any time as provided in this Agreement.
(b) Complaints: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or
(800) 952-5210.
MISCELLANEOUS. This Agreement represents the entire
understanding relating to the use of the Site and prevails over any prior or
contemporaneous, conflicting or additional, communications. is
. The formation,
construction and interpretation of this Agreement and the relationship between
and you shall be controlled by California law without reference to
California’s conflict of law principles. You and agree to submit to the
personal and exclusive jurisdiction and venue of the state and federal courts
located within the County of San Diego, California. ’s failure to exercise
or enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision. If any provision of this Agreement or the
application of such provision to any person or circumstance shall be held
invalid, the remainder of this Agreement or the application of such provision to
persons or circumstances other than those to which it is held invalid shall not
be affected thereby.
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