Website terms of use
Welcome to the Web site ("Web Site") of AppPerfect
Corporation. Please read the following terms and conditions regarding the
use of the Web Site. By accessing, downloading or using any information,
documents, software and products (ìMaterialsî) from the Web Site, you
agree to be bound by the terms and conditions ("Terms of Use") that
follow. If you do not intend to be bound by such Terms of Use, please do
not use the Web Site.
USE OF SITE INFORMATION
You may download, view, copy and print documents
and graphics incorporated in Web Site (the "Documents") subject to the
following: (a) the Documents may be used solely for personal,
informational, non-commercial purposes; (b) the Documents may not be
modified or altered in any way; and (c) any software that you download
from this Web Site is subject to the terms of a software license
agreement, which you must read and accept prior to downloading. You may
not download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit or distribute any information from this Web Site
in whole or in part without the express authorization of AppPerfect
Corporation. You may not remove any copyright or other proprietary notices
contained in the Documents. AppPerfect Corporation reserves the right to
revoke the authorization to view, download and print the Documents
available on this Web Site at any time, and any such use shall be
discontinued immediately upon written notice from AppPerfect Corporation.
PASSWORDS AND SECURITY
You are responsible for maintaining the
confidentiality of any password(s) you are given to access the Web Site,
and are fully responsible for all activities that occur under your
password(s). You agree to notify AppPerfect Corporation immediately of any
unauthorized use of your password(s).
TRADEMARK NOTICE
The trademarks, logos, and service marks ("Marks")
displayed on this Web Site are the property of AppPerfect Corporation or
other third parties. You are not permitted to use the Marks without the
prior written consent of AppPerfect Corporation or such third party which
may own the Marks. Trademarks of AppPerfect Corporation include but are
not limited to "AppPerfect Corporation" and the AppPerfect logo.
MONITORING
AppPerfect Corporation, its affiliates and agents
are entitled, but not obligated, to review or retain your communications
while you are visiting the Web Site. We may monitor your communications to
evaluate the quality of service you receive, the security of the service,
or for other reasons. You agree that AppPerfect Corporation's monitoring
activities will not entitle you to any cause of action or other right with
respect to the manner in which AppPerfect Corporation monitors your
communications. In no event will AppPerfect Corporation be liable for any
costs, damages, expenses or any other liabilities incurred by you as a
result of AppPerfect Corporation's monitoring activities.
TERMINATION OF USE
You agree that AppPerfect Corporation may, in its
sole discretion, at any time terminate your access to the Web Site and any
account(s) you may have in connection with the Web Site.
LINKS TO OTHER WEB SITES
AppPerfect Corporation provides links to other web
sites. We do not control the other web sites, and make no representations
whatsoever concerning the content of those sites. The fact that AppPerfect
Corporation has provided a link to a site is not an endorsement,
authorization, sponsorship, or affiliation with respect to such site, its
owners, or its providers. There are risks in using any information,
software, or products found on the Internet, and AppPerfect Corporation
cautions you to make sure you understand these risks before retrieving,
using, relying upon, or purchasing anything via the Internet. You agree
that under no circumstances will you hold AppPerfect Corporation liable
for any loss or damage caused by use of or reliance on any content, goods
or services available on other sites.
LIMITATION OF LIABILITY
IN NO EVENT SHALL APPPERFECT CORPORATION OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR
REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT
OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY APPPERFECT CORPORATION
PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE
INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF APPPERFECT
CORPORATION OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
DISCLAIMER
AppPerfect Corporation assumes no responsibility
for accuracy, correctness, completeness or content of the Materials
provided on this Web Site. You should not assume that the Materials on
this Web Site are continuously updated or otherwise contain current
information. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS"
AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY
KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY
EXCLUDED.
MINORS USE OF WEB SITE
Minors are not eligible to use the Web Site, and we
ask that they do not submit any personal information to us.
INDEMNITY
You agree to indemnify, defend and hold AppPerfect
Corporation harmless from and against any and all claims, liabilities,
damages, losses or expenses (including reasonable attorney's fees and
costs) arising out of, based on or in connection with your access and/or
use of this Web Site.
GENERAL
These Terms of Use contain the entire agreement
between you and AppPerfect Corporation and supersede all prior or
contemporaneous communications between the parties regarding your use of
the Web Site. The section headings of these Terms of Use are for ease of
reference only and shall not be admissible in any action to alter, modify,
or interpret the contents of any section. All matters relating to your
access and use of this Web Site shall be governed by the federal laws of
the United States and the laws of the State of California. The federal and
state courts within Santa Clara County, California shall have exclusive
jurisdiction to adjudicate any dispute arising out of, or relating to or
in any way connected with your access and/or use of this Web. A finding by
a court of competent jurisdiction that a provision of these Terms of Use
is invalid, illegal, or unenforceable shall not affect any other part of
these Terms of Use, and such provision shall be construed by limiting it
to the extent necessary so as to be enforceable or, if such provision
cannot be so limited, then these Terms of Use shall be construed as if
they had never contained such provision. The waiver by AppPerfect
Corporation of any provision of these Terms of Use on any occasion and
upon any particular circumstances shall not operate as a waiver of such
provision on any other occasion or upon any other circumstances