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Terms of Use
Please read these Terms of Use carefully before using our
web site (www.praedea.com). By using our web site, you signify
your agreement with the Terms of Use and Privacy Policy of
Praedea.
1. Information Accessed and Disclaimer
Praedea strives to ensure that the information contained
on our web site is accurate and reliable. However, Praedea
and the World Wide Web are not infallible and errors may sometimes
occur. By providing access to our web site, Praedea and its
affiliates do not warrant or represent that:
- Our web site will meet your requirements;
- The content is accurate, complete, or reliable;
- The results that may be obtained from the use of our
web site or any products or services offered through our
web site will be accurate or reliable;
- The content is up-to-date or current;
- We have a duty to update any content;
- The content is free from technical inaccuracies or typographical
errors;
- The content is free from changes caused by third parties
- Your access to our web site will be free from interruptions,
errors, computer viruses, or other harmful components or
will be available on a timely or secure basis; and/or
- The quality of any products, services, information, or
other material purchased or obtained by you through our
web site will meet your expectations.
Praedea does not assume any liability for these matters.
In other words, you use our web site and any content, materials,
information, software, products, and services provided, downloaded,
or otherwise obtained from our web site "as is",
“as available”, and at your own risk. Therefore,
to the fullest extent permissible pursuant to applicable law,
Praedea disclaims any and all warranties of any kind, whether
expressed or implied, as to any matter whatsoever relating
to our web site, including, without limitation, the warranties
of merchantability, fitness for a particular purpose, and
non-infringement. Praedea may from time to time revise the
information, products, services, and resources contained in
our web site and reserves the right to make such changes without
any obligation to notify past, current, or prospective visitors.
By furnishing information, products, services, and/or resources
contained in our web site, Praedea does not grant any licenses
including, but not limited to, those relating to products,
services, copyrights, patents, or any other intellectual property
rights.
2. Information Provided
Praedea and its affiliates do not want to receive confidential
or proprietary information or material from you through our
web site. Please note that any information or material sent
to Praedea or its affiliates will be deemed NOT to be confidential.
By sending Praedea or its affiliates any information or material,
you grant Praedea and its affiliates an unrestricted, irrevocable,
and royalty-free license to use, reproduce, display, perform,
modify, transmit, and distribute those materials or information,
and you also agree that Praedea and its affiliates are free
to use any ideas, concepts, know-how, or techniques that you
send us for any purpose.
3. Limitation of Liability
In no event shall Praedea and its affiliates be liable or
responsible for any loss, damage (whether actual, indirect,
special, incidental, consequential, punitive, or otherwise),
injury, claim, liability, or other cause of any kind or character
whatsoever caused by, based upon, or arising out of any use
of or inability to use either our web site (such as viruses,
omissions, or misstatements) or the information contained
in our web site, including any loss of data, profit, revenue,
use, business, programs, or any business interruption incurred
by you or any third party, whether in an action in contract
or tort, even if we have been advised of the possibility of
such damages.
4. Indemnification
You agree to indemnify, defend, and hold harmless Praedea
and its affiliates, and their respective directors, officers,
employees, agents, licensors, or any person or entity involved
in the creation, production, and distribution of our web site,
from and against any and all claims, liabilities, losses,
costs, and expenses, including reasonable attorney’s
fees and costs, incurred in connection with any breach by
you of these Terms of Use or resulting from, or in connection
with, your use of our web site.
5. Links or References to Other Sites/Third
Parties
Our web site may link to or reference sites or third parties
not maintained by or related to Praedea. Such links or references
are provided as a service to users and may not be sponsored
by or affiliated with our web site or Praedea. Praedea has
not reviewed any or all of the sites or third parties linked
to or from or referenced within our web site and is not responsible
for the content, products, services, advertising, or other
matters presented in or sold by any other sites or by any
third parties. These links and/or third parties are to be
accessed and/or dealt with at the user's own risk, and Praedea
and its affiliates make no representations or warranties about
the content, completeness, or accuracy of these links, the
sites linked to or from our web site, or the information,
products, or services provided by third parties; nor is Praedea
responsible for any loss or damages of any sort you or any
third party may incur from dealing with any other sites or
third parties. Access to, and use of, any affiliated or non-affiliated
sites or third parties is subject to their own terms of use
and privacy policies.
If a third party links to our web site, it is not necessarily
an indication of an endorsement, authorization, sponsorship,
affiliation, joint venture, or partnership by or with Praedea
or its affiliates. In addition, if a third party has linked
to our web site, it does not imply that we are endorsing such
web site or its products.
6. Information Notice and Permissible Use
The content displayed on our web site is exclusively for
your personal, internal use only. Except for such personal,
internal use, such content may not be copied, syndicated,
licensed, distributed, displayed, reproduced, or transmitted
in any form or by any means (electronic, mechanical, photocopying,
recording, or otherwise) or for any purpose without the prior
written consent of Praedea. You agree that all proprietary
rights in any such content shall remain the property of either
Praedea or the providers of such content. You also agree not
to use our web site and its content in any manner whatsoever
that violates any applicable laws and regulations including,
but not limited to, US export laws and regulations.
Any use of products, services and/or accompanying documentation
provided, downloaded, or otherwise obtained from our web site
is subject to the terms of a license agreement between you
and Praedea. You must read, and agree to the terms of, the
license agreement prior to installing or using the products,
services, and/or documentation. All rights, title, and interest
not expressly granted are reserved by Praedea.
Minors are not eligible to use our web site and we ask that
they do not submit any personal information to us.
7. Trademark/Copyright Notice
Our web site contains many of the valuable trademarks owned
and used by Praedea, its affiliates, and/or third parties
to distinguish their quality products and services. These
trademarks and related proprietary property are protected
from copying and simulation under applicable laws and are
not to be reproduced or copied without the express written
consent of Praedea, its affiliates, or applicable third parties.
© 2004 Praedea Solutions, Inc. All Rights Reserved.
8. Privacy and Security
Praedea is very concerned about the privacy of the visitors
to our web site. You can review the Privacy
Policy of Praedea on our web site.
You are responsible for maintaining the confidentiality
of any password(s) you are given to access our web site or
portions thereof, and are fully responsible for all activities
that occur under you password(s). You agree to notify Praedea
immediately of any unauthorized use of your password(s).
9. Access to Web Site
Praedea reserves the right, for any reason and without notice,
in its sole discretion, to determine to whom it will provide
access to our web site and to terminate, change, suspend,
or interrupt access, in whole or in part, to our web site,
including its contents, features, and hours of availability.
Access to our web site may be monitored by Praedea.
10. Legal Claims and Enforcement
This Terms of Use agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Delaware,
as it is applied to agreements entered into and to be performed
entirely within that State, without giving effect to any principles
of conflicts of laws. Any legal action concerning this Terms
of Use agreement or our web site must be brought within one
(1) year after the claim or cause of action arises and must
be brought only in either the state or federal courts located
in Delaware, and you expressly consent to the jurisdiction
of said courts.
11. Severability and Integration
If any provision of this Terms of Use agreement shall be
determined to be unlawful, void, or for any reason unenforceable
by a court of competent jurisdiction, then that provision
shall be deemed severable from this Terms of Use agreement
and shall not affect the validity and enforceability of any
remaining provisions. This Terms of Use agreement is the entire
agreement between the parties relating to the matters contained
herein and shall not be modified, except in a writing signed
by Praedea.
12. Modification of Terms of Use
Praedea reserves the right, in its sole discretion, to modify,
alter, or otherwise revise these Terms of Use at any time
without notice and you agree to be bound by such modifications,
alterations, and/or revisions. Accordingly, you should review
these Terms of Use regularly. |
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