All Pages Copyright © 2008-2009, Notice Technologies, Inc. All Rights
Reserved.
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By
using this Site, you signify your assent to these Terms and Conditions and agree
to comply with all applicable laws and regulations, including U.S. export and
re-export control laws and regulations. If you do not agree to these Terms and
Conditions, please do not use the Site. THESE TERMS AND CONDITIONS SHALL BE
GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT
REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT
RELATED TO THESE TERMS AND CONDITIONS SHALL BE BROUGHT IN AUSTIN, TEXAS.
1. This web site (“Site”) is owned and operated by Notice Technologies, Inc.
(referred to as “Notice Technologies” herein). The Site and its contents may
only be accessed for personal use. No material from Notice Technologies or
any web site owned, operated, licensed or controlled by Notice Technologies may
be used for any commercial or resale purposes. Furthermore, not materials
may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, non-commercial use only, provided you
keep intact all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation of Notice
Technologies’ copyright and other proprietary rights.
2. For purposes of these Terms and Conditions, the use of any such
material on any other web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names (collectively, the “Marks”) are
proprietary to Notice Technologies or other respective owners which have granted
Notice Technologies the right and license to use such Marks. Any use of
content or descriptions; any derivative use of this Site or its contents; and
any use of data mining, robots, or similar data gathering and extraction tools
is strictly prohibited. In no event shall the user frame any portion of
the Site or any content contained therein.
3. While Notice Technologies uses reasonable efforts to include accurate and
up-to-date information on the Site, Notice Technologies makes no warranties or
representations as to its accuracy. Notice Technologies assumes no liability or
responsibility for any errors or representations in the content of this Site.
4. The Site may contain links to other sites on the Internet which are owned and
operated by Third Party Vendors and other third parties (the “External Sites”).
You acknowledge that Notice Technologies is not responsible for the availability
of, or the content located on or through, any External Sites. You should contact
the site administrator or webmaster for those External Sites if you have any
concerns regarding such links or the content located on such External Sites.
5. Users of the Site may post comments, reviews, and other content and
submit suggestions, ideas, or other information, provided the content does not
contain any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, or hateful content or content which is racially, ethnically or
otherwise objectionable, or content which infringes upon the rights of any third
party. The user agrees not to impersonate any person and/or other entity or
communicate under a false name or a name the user is not entitled or authorized
to use. Notice Technologies has the right (but not the obligation) to
remove, prohibit, edit or discontinue any content on the Site, including content
that has been posted by users.
6. If you post content or submit material you grant Notice Technologies
and its affiliates a perpetual, irrevocable, worldwide, royalty-free,
non-exclusive, sublicensable right and license to make, use, sell, sublicense,
reproduce, distribute, perform, display, prepare derivative works from and
otherwise exploit all such content and material as if it were the full owner
thereof. Furthermore, you grant Notice Technologies, its affiliates, and
sublicensees the right to use your name and/or user name in connection with the
content. You represent and warrant that all content and materials you
provide shall be your original work product and will not be based on, or derived
from, the proprietary information or items of a third party. You will
defend and indemnify Notice Technologies and its affiliates from any claims
resulting from any content or materials you provide hereunder.
7. The Site contains areas in which additional terms and conditions apply.
For purposes of the use of such areas, in the event of a conflict between the
terms and conditions of such other areas and these Terms and Conditions, the
terms and conditions of the other area shall prevail. Notice Technologies may at
any time revise these Terms and Conditions by updating this posting. You are
bound by any such revisions and should therefore periodically visit this page to
review the current Terms and Conditions to which you are bound.
8. You shall not transmit to Notice Technologies or upload to this Site any
Harmful Code or use or misappropriate the data on this Site for your own
commercial gain. “Harmful Code” shall mean any software (sometimes referred to
as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead
devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that:
(a) is intentionally designed to damage, disrupt, disable, harm, impair,
interfere with, intercept, expropriate or otherwise impede in any manner, any
data, storage media, program, system, equipment or communication, based on any
event, including for example but not limited to (i) exceeding a number of
copies, (ii) exceeding a number of users, (iii) passage of a period of time,
(iv) advancement to a particular date or other numeral, or (v) use of a certain
feature; or (b) would enable an unauthorized person to cause such result; or (c)
would enable an unauthorized person to access another person's information
without such other person's knowledge and permission.
9. Password. You may not use your password for any unauthorized purpose.
10. Termination. We may terminate your access to our Site for any reason.
11. U.S. Government Users Restricted Rights. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
applicable laws and regulations. Use of the materials by the Government
constitutes acknowledgment of Notice Technologies’ proprietary rights in them.
Notice Technologies web site pages may contain other proprietary notices and
copyright information which should be observed.
12. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. NOTICE TECHNOLOGIES SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO
THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, NOTICE TECHNOLOGIES
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
13. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL NOTICE TECHNOLOGIES OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF NOTICE TECHNOLOGIES OR AN NOTICE
TECHNOLOGIES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
WEBSITE TERMS AND CONDITIONS
