| Terms Of Use |
AGREEMENT BETWEEN USER AND ResilientWare
The ResilientWare Web Site is comprised of various Web pages operated by
ResilientWare.
The ResilientWare Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the ResilientWare Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
ResilientWare reserves the right to change the terms, conditions, and
notices under which the ResilientWare Web Site is offered, including but
not limited to the charges associated with the use of the ResilientWare
Web Site.
LINKS TO THIRD PARTY SITES
The ResilientWare Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control
of ResilientWare and ResilientWare is not responsible for the contents
of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. ResilientWare
is not responsible for webcasting or any other form of transmission
received from any Linked Site. ResilientWare is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by ResilientWare of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ResilientWare Web Site, you warrant to
ResilientWare that you will not use the ResilientWare Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the ResilientWare Web Site in any manner which
could damage, disable, overburden, or impair the ResilientWare Web Site
or interfere with any other party's use and enjoyment of the
ResilientWare Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the ResilientWare Web Sites.
USE OF COMMUNICATION SERVICES
The ResilientWare Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you
to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ResilientWare has no obligation to monitor the Communication Services.
However, ResilientWare reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole
discretion. ResilientWare reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for
any reason whatsoever.
ResilientWare reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in
ResilientWare's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. ResilientWare does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
ResilientWare specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized
ResilientWare spokespersons, and their views do not necessarily reflect
those of ResilientWare.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO ResilientWare OR POSTED AT
ANY ResilientWare WEB SITE
ResilientWare does not claim ownership of the materials you provide to
ResilientWare (including feedback and suggestions) or post, upload,
input or submit to any ResilientWare Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
ResilientWare, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. ResilientWare is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time
in ResilientWare's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE ResilientWare WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. ResilientWare AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE ResilientWare WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE ResilientWare WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ResilientWare AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE ResilientWare WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. ResilientWare AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ResilientWare AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE ResilientWare WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE ResilientWare WEB SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
ResilientWare WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
ResilientWare WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF ResilientWare OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
ResilientWare WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ResilientWare WEB SITE.
SERVICE CONTACT : info@resilientware.com
TERMINATION/ACCESS RESTRICTION
ResilientWare reserves the right, in its sole discretion, to terminate
your access to the ResilientWare Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in
all disputes arising out of or relating to the use of the ResilientWare
Web Site. Use of the ResilientWare Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and ResilientWare as a result of this agreement or
use of the ResilientWare Web Site. ResilientWare's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of ResilientWare's right to
comply with governmental, court and law enforcement requests or
requirements relating to your use of the ResilientWare Web Site or
information provided to or gathered by ResilientWare with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and ResilientWare with respect to
the ResilientWare Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and ResilientWare with respect to the
ResilientWare Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the ResilientWare Web Site are: Copyright 2005
ResilientWare and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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PRODUCTS