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Terms
Of Use/Legal Disclaimer Welcome
to the web site (the “Site”) for SignOnline, a division of Wave Systems
Corp. (“SignOnline”). By
accessing and/or using the Site, you agree to follow and be bound by the
terms and conditions set forth below as well as our Site
Privacy Statement (collectively, the “Terms and Conditions”).
Please read the Terms and Conditions carefully.
If you do not accept the Terms and Conditions, we do not permit
your use of and access to our Site.
These Terms and Conditions may have changed since the last time
you visited our Site. Any
breach by you of any of the Terms and Conditions will automatically terminate
this agreement and your permission from SignOnline to access and use the
Site and/or the Content (defined below). Authorized
Uses The Site and all text, graphics, information
and other content displayed on the Site (the “Content”) shall only be
used by you in connection with your direct personal use of the Site as
permitted by these Terms and Conditions.
Your use of the Site and/or Content is also subject to the following
restrictions and conditions: 1.
You may not use the Site or the Content for any purpose other than
informational. 2.
You may not send unsolicited commercial email to the email addresses
provided on the Site. In
addition, spam, chain emails, advertising solicitations and similar email
solicitations are expressly prohibited. 3.
You may not redistribute, retransmit, republish, copy, duplicate,
download or otherwise use or exploit any Content on the Site except for
purposes permitted by these Terms and Conditions. 4.
You may not use the Site or the Content in any manner inconsistent
with or in violation of any applicable laws or regulations. 5.
You may not delete, modify or attempt to change or alter any of
the Content on the Site. 6.
You may not use any device, software or routine that interferes
with the proper functioning of the Site or take any other action that
interferes with other parties’ use of the Site. 7.
You may not use any “robot”, “spider” or other automatic or manual
device or process for the purpose of compiling information on the Site
for purposes other than for a generally available search engine. 8.
You may not, without express written authority from SignOnline,
provide access to the Site through any hyperlink or other link from any
other web site nor may you frame the Site within or as a portion of any
other web site or page. 9.
Any information sent to SignOnline via email is not secure and
is sent on a non-confidential basis and will be handled by us in accordance
with our Site Privacy Statement.
Disclaimer
of Warranties; “AS IS” THE
SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED
ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SIGNONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE
OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
SIGNONLINE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION,
THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON
AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT
WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO
YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE
OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. Limitation
Of Liability IN NO EVENT SHALL SIGNONLINE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED
BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING
FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY
SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SIGNONLINE WAS
ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE AND/OR EVEN IF ANY REMEDY
AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO,
THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR
EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED
ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES
OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS
OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU. Third
Party Content
The
Site may from time to time display the content, services, products or
hyperlinks of other companies or persons. Notwithstanding the presentation
of any third party information on the Site, no such presentation shall
be considered an endorsement, representation or warranty, either express
or implied, by SignOnline, on behalf of or any third party. In addition,
SignOnline, does not endorse, warrant or otherwise guarantee the substance
of any information or services provided by third parties.
SignOnline, shall have no liability or responsibility whatsoever
for the content, subject matter or substance of any information accessed
or obtained from third party web sites accessed from the Site or web sites
that have links to the Site. Access
to third party web sites from the Site is done at your own risk. Indemnification You agree to indemnify and hold harmless
SignOnline from and against any and all liability, claims, causes of actions,
damages, losses, costs and expenses, including but not limited to, attorneys
fees, costs of suit, costs of investigation and costs of enforcement of
this provision arising out of your breach of these Terms and Conditions.
Intellectual
Property Rights The Site (including the “look and feel”
of the Site) and all Content are the property of SignOnline, or of third
parties as indicated, and is protected by U.S. copyright and international
treaties. All product names,
names of services, trademarks and service marks ("Marks") are
the property of SignOnline, or the property of their respective owners,
as indicated. You may not
use the Marks for any purpose whatsoever other than as permitted by these
Terms and Conditions. Copyright
Infringement In
accordance with the Digital Millennium Copyright Act (“DMCA”) SignOnline
has designated an agent to receive notifications of alleged copyright
infringement associated with the Site.
SignOnline will, upon receiving proper notice as set forth below,
use commercially reasonable efforts to remove or disable access to any
such material as set forth in the DMCA. If you believe that your copyrighted
work or the copyrighted work of another party is being infringed, please
notify: Len
Veil If
material is believed in good faith by SignOnline to infringe a copyright
or otherwise violate any intellectual property rights, SignOnline will remove or disable access to any such material. Privacy SignOnline will treat any information
we collect from you or which you submit to us in accordance with our Site
Privacy Statement. General SignOnline may modify the Terms and Conditions
from time to time and at any time, such modifications to take effect immediately
upon the posting thereof on the Site. The terms of this Agreement are severable to the extent any
term is deemed invalid, illegal, or unenforceable. The failure of SignOnline to enforce any
term or condition of these Terms and Conditions shall not be deemed a
waiver thereof and shall not prevent its later enforcement. These Terms and Conditions are governed
by the laws of the Commonwealth of Massachusetts, without respect to its
conflict of laws principles. Jurisdiction
for any claims arising under these Terms and Conditions shall lie exclusively
with the state and federal courts located within Boston, Massachusetts.
You expressly consent to service of process in any such action
by registered mail or by any other means provided by law.
If any provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. |