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.