Terms of Use

Web site 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 Corporationís 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