You acknowledge and agree that it is your responsibility
to review this site and these Terms of Use periodically
and to be aware of any modifications. Your continued
use of this site after such modifications will constitute
your acknowledgement of the modified Terms of Use
and agreement to abide and be bound by the modified
Terms of Use.
In accessing this site, you represent that you are
authorized by your company to access and use the
Software. Upon, or in the event, such authority
being revoked by your company you agree that you
will not access this site on behalf of your company
unless and until such authority has been reinstated.
CONDUCT ON SITE
Your use of the site is subject to all applicable
laws and regulations, and you are solely responsible
for the contents of your communications through
the site. By posting information in or otherwise
using any communications service, chat room, message
board, newsgroup, software library, or other interactive
service that may be available to you on or through
this site, you agree that you will not upload, share,
post, or otherwise distribute or facilitate distribution
of any content -- including text, communications,
software, images, sounds, data, or other information
-- that:
1. Is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive
of another's privacy, tortious, contains explicit
or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of
a violent or threatening nature directed at another
individual or group of individuals), or otherwise
violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
3. Infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary
right of any party;
4. Constitutes unauthorized or unsolicited advertising,
junk or bulk email (also known as "spamming"),
chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling;
5. Contains software viruses or any other computer
code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any
data or other information of any third party; or
6. Impersonates any person or entity, including
any of our employees or representatives.
We neither endorse nor assume any liability for
the contents of any material uploaded or submitted
by third party users of the site. We generally do
not pre-screen, monitor, or edit the content posted
by users of communications services, chat rooms,
message boards, newsgroups, software libraries,
or other interactive services that may be available
on or through this site. However, we and our agents
have the right at their sole discretion to remove
any content that, in our judgment, does not comply
with these Terms of Use and any other rules of user
conduct for our site, or is otherwise harmful, objectionable,
or inaccurate. We are not responsible for any failure
or delay in removing such content. You hereby consent
to such removal and waive any claim against us arising
out of such removal of content.
All information and data that you enter into the
Site that is part of the Software which your Company
is authorized to use is the property of your Company.
We will treat such information and data as the confidential
information of the Company and will not disclose
such information or data to other persons.
In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized
access to another network or server. Not all areas
of the site may be available to you or other authorized
users of the site. You shall not interfere with
anyone else's use and enjoyment of the site or other
similar services. Users who violate systems or network
security may incur criminal or civil liability.
You agree that we may at any time, and at our sole
discretion, terminate your membership without prior
notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems
or network security at other sites, including cooperating
with law enforcement authorities in investigating
suspected criminal violations.
SUBMISSIONS
Although comments and questions are welcomed, the
Company does not accept unsolicited submissions
or creative ideas for its Company programs, newspapers,
or products. Any messages, suggestions, ideas, or
concepts that are submitted shall become, and remain,
the property of the Company. Furthermore, the Company
is not responsible for the confidentiality of any
information communicated to the Company Web site.
By communicating with, or submitting information
to, the Company's site separate and apart from the
entering of information and data of your company
in connection with your use of the Software, you
are granting the Company a royalty-free, non-exclusive,
perpetual, unrestricted, worldwide license to publish,
transmit, perform and display the submitted information
for any purpose, including, but not limited to,
advertising and promotional purposes.
LINKS
The Company is not responsible for the content of
any sites which may be linked to the site. These
links are provided for your convenience only and
you access them at your own risk.
DISCLAIMERS
By using this site and and entering information
and data for use by your company, you agree to indemnify
the Company, its officers, directors, employees,
agents, distributors and affiliates for any and
all claims, damages, losses and causes of action
arising out of your breach or alleged breach of
this agreement.
THE SOFTWARE ON THIS SITE IS SUBJECT TO THE WARRANTIES
AND LIMITATIONS CONTAINED IN THE RIGHT OF USE AGREEMENT
WITH YOUR COMPANY. OTHER THAN CONTAINED IN THE RIGHT
OF USE AGREEMENT THERE ARE NO WARRANTIES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY
MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS
AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS WILL BE CORRECTED. Where applicable law
does not allow the exclusion of implied warranties,
the foregoing exclusions may not apply to you.
The use of this Web site is for lawful business
purposes only. Neither the Company, nor its officers,
directors, employees, agents, distributors or affiliates
are responsible or liable for any loss damage (including,
but not limited to, actual, consequential, or punitive),
liability, claim, or other injury or cause related
to or resulting from any information posted on the
site.
TERMINATION
The Company may, in its sole discretion, terminate
or suspend your access to all or part of the site,
including, but not limited to, any bulletin boards
on its site, for any reason, including without limitation,
breach of this agreement. In the event this agreement
is terminated, the restrictions regarding Materials
appearing on the site, and the representations and
warranties, indemnities, and limitations of liabilities
set forth in this agreement shall survive any such
termination.
JURISDICTION
This site is controlled and operated by the Company.
The Company does not represent or warrant that materials
on the site are appropriate or available for use
in other locations. If you choose to access this
site from other locations, you do so at your own
risk and are responsible for compliance with any
and all local laws.
Unless otherwise provided in the right of use agreement
with your company, the use of the site and this
Acceptable Use Policy shall be governed by and construed
in accordance with the laws of the state of Texas,
as it is applied to agreements entered into and
performed within that state. Any action brought
to enforce this agreement or matters related to
the site shall be brought in either the state or
federal courts of Texas. If any provision of this
agreement is deemed void, unlawful or otherwise
unenforceable for any reason, that provision shall
be severed from this agreement and the remaining
provisions of this agreement shall remain in force.
The right of use agreement and this Acceptable Use
Policy, along with subsequent changes to the terms
of use, contain the entire agreement between you
and the Company concerning your use of the site.
END