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ACCEPTANCE OF TERMS. Return to the Home Page Your use of this site, or any information contained on this site including services and software that this site provides is subject to the following Terms of Use. We reserve the right to update the 'Terms of use' at any time without notice to you. The most current version of the 'Terms Of Use' can be reviewed at our web site. Your visit to the site and its use forms your acceptance of these terms and conditions. We maintain this Internet site (the "Site") for informational and communication purposes. Your access to and use of this Site is subject to the following Terms and Conditions of Use, as well as any modifications issued by us to these Terms. By using this Site, you agree and will be deemed to be bound by these Terms. If you do not want to be bound by these Terms, do not use this Site. We provide you with access to a variety of resources, such as software applications, developer tools, utilities, download areas, communication forums, product information, services, documents, etc (collectively "services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the 'Terms of use'. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. Any software that is made available to download is the copyrighted work of our company and/or our suppliers and/or partners. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. We hereby disclaim all warranties and conditions with regard to the software, services and any material made available on this site, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, we may make available as part of the services or in our software products, tools and utilities for use and/or download. We do not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in our software products. We shall have the right to terminate this Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice. Users of this site, its services, products or any information, indemnify the company, its employees, representatives, partners and whosoever is associated with this site, from any legal action. We shall not be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from whatsoever means, including loss of data or profits, negligence or other tortious action. We and our respective suppliers make no representations about the suitability of the information contained in this web site, documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. We and/or our respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall we and/or our respective suppliers be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services. The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or our respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time. In no event shall we and/or our respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. We honor your privacy. We do not sell or distribute information without your consent. Any information and whatsoever content that you may store, save or upload to this web site is your own responsibility and we do not guarantee availability, security or any other guarantee whatsoever. That under no circumstances shall we be liable for any thing with regards your stored information on this site. That you indemnify us from any legal action and penalties with regards your information. Any loss or damage that you may incur by storing any information on our site, as required by services, is your own responsibility and we assume no liability whatsoever. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our server, web page, or the network(s), server or computers connected to any of our server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, upload your company information, announcements, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). • 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, obscene, indecent or unlawful topic, name, material or information. • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. • Falsify or delete any copyright management information, such as 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. • Violate any applicable laws or regulations. • Create a false identity for the purpose of misleading others. • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. We reserve the right at all times to disclose any information as we deem 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 our sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children and family in any Communication Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of the company. Materials uploaded to the Communication Services 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. We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting us, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of Internet businesses (including, without limitation, all our Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images. The links in this area will let you leave our site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site. This web site may also provide information by means of subscription to other web sites and web services. By way of example, and not as a limitation, these include news reports, weather forecasts, currency exchange rates, stock information etc. That this information is provided on an as is basis and we assume no liability whatsoever from your use of such information. News and other such information do not constitute the opinion of this web site. Any action that you may take or any inference drawn by you from use of information on this site is your own responsibility. We assume no liability whatsoever in this regard, however you may be held liable for any damage or loss incurred by us from your wrongful use or dissemination of such information. Under no circumstances will we be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the site or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if we are expressly advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless our company, members of our authorized dealer network, our corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site. Any rights not expressly granted herein are reserved.
We respect your online time and privacy. We never sell or rent e-mail addresses or customer information to third parties. Information provided is only used by us and our authorized dealer network. Survey information is used for our internal marketing usage only. Customer information will not be used for the purpose of broadcasting unsolicited e-mail bulletins. Only individuals that specifically request to subscribe will receive broadcast e-mail newsletters and bulletins. We are committed to protecting your privacy. You can visit most pages on our site without giving us any information about yourself. But sometimes we do need information to provide services that you request, and this privacy statement explains data collection and use in those situations. We may collect certain information about visitors to the Site, including but not limited to the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such information may be used for purposes including but not limited to improving the content of the Site, marketing, advertising, or research. |
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