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1. Use License. Some Guys Software Group, LLC ("SG Software Group" or "SGSG") may grant you permission to view this web site and to print individual pages from this web site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use, the SG Software Group Web Site Privacy Policy . You may not modify, copy (except as otherwise noted herein), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any products or services from this web site.
Your use of this web site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this web site, you represent and warrant to SG Software Group that you will not use this web site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this web site.
2. Copyrights. This web site and its contents are the copyrighted property of SG Software Group. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on the web site, without the prior written permission of the copyright owner. SG Software Group aggressively enforces its intellectual property rights to the fullest extent of the law.
3. Trademarks. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this web site are the registered Trademarks of SG Software Group and others. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the web site, without the prior written permission of the Trademark owner. The name of SG Software Group, the SG Software Group logo or the other SG Software Group formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission from SG Software Group. SG Software Group prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by an authorized representative of SG Software Group in writing. Fair use of SG Software Group's Trademarks requires proper acknowledgment. Other product and company names mentioned in this web site may be the Trademarks of their respective owners.
4. Links to Third Party Sites. SG Software Group does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to the SG Software Group web site. Access or connection to these linked web sites is at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-SG Software Group web sites are not investigated, verified, monitored or endorsed by SG Software Group, and SG Software Group disclaims any warranty, express or implied, with respect to the contents of such web sites.
5. Disclaimer. Your use and browsing in the web site are at your own risk. everything on this web site is provided "as is" without warranty of any kind, express or implied. sg software group specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. sg software group shall have no liability or responsibility for any errors or omissions in the content of this site, for your action or inaction in connection with this site or for any damage to your computer or data or any other damage you may incur in connection with this site. your use of this web site is at your own risk. in no event shall sg software group, its affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site, the contents in this web site, the delay or inability to use this site or otherwise arising in connection with this web site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. sg software group also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from the web site.
some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
6. Posting Information. Portions of this web site may provide users an opportunity to post and exchange information, ideas and opinions (“Postings”). PLEASE BE ADVISED THAT SG SOFTWARE GROUP DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the view of SG Software Group. In no event shall SG Software Group assume or have any responsibility or any liability for the Postings or for any claims, damages or losses resulting from their use and/or appearance on this web site.
SG Software Group reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be unlawful, offensive or otherwise in breach of these terms and conditions. You hereby authorize SG Software Group to use and/or authorize others to use all or part of your Postings in any manner, format or medium that SG Software Group or such other parties see fit. You shall have no claim or other recourse against SG Software Group for infringement of any proprietary right in Postings.
7. Submissions. Any communication or material you transmit to the web site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of SG Software Group and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, SG Software Group is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this web site, you may submit and/or SG Software Group may gather certain limited information about you and your web site usage. SG Software Group is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.
8. General. You agree that these Terms of Use and your use of this web site are governed by the laws of the State of Massachusetts, USA, without regards to its rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston Massachusetts, USA in all disputes (a) arising out of, relating to, or concerning this web site and/or these Terms of Use, (b) in which this web site and/or these Terms of Use are an issue or a material fact, or (c) in which this web site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this web site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. SG Software Group has endeavored to comply with all legal requirements known to it in creating and maintaining this web site, but makes no representation that contents on this web site are appropriate or available for use in any particular jurisdiction. Use of this web site is unauthorized in any jurisdiction where all or any portion of this web site may violate any legal requirements and you agree not to access this web site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, 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 govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this web site and/or these Terms of Use shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston Massachusetts, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
9. Changes. You agree that SG Software Group may at any time and without notice change these Terms of Use, as well as the content of the web site.
10. Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and SG Software Group solely as a result of your use of this web site.
11. Entire Agreement. These Terms of Use, the SG Software Group Web Site Privacy Policy and the Safe Harbor Privacy Policy constitute the entire agreement between you and SG Software Group with respect to this web site. Such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SG Software Group with respect to this web site. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by SG Software Group in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by SG Software Group in printed form. |