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WEB SITE TERMS OF USE |
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WEB SITE TERMS OF USE Acceptance of Terms PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between Heaventools Software and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. Description of Site Heaventools currently provides a corporate Web site and the Heaventools product (collectively, the "Site"). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to the Terms. The Site is provided "AS-IS" and Heaventools assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings. Content provided by Heaventools Software is for informational purposes only. The Site is NOT to be used to: Send, or otherwise transmit any content that is unlawful including but not limited to any content that is proprietary to someone else, or
is abusive or harassing. Third Party Sites The Site may link you to other sites on the Internet. These other sites are not under the control of Heaventools, and Heaventools is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Heaventools or any association with its operators. International Sites Recognizing the global nature of the Internet, the User must comply with all local rules regarding online conduct and acceptable content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which he or she resides. Indemnity The User agrees to indemnify and hold Heaventools, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content sent or transmitted through the Site, the use of the Site, the connection to the Site, the violation of the Terms, or the violation of any rights of another. No Resale of Site No portion of the Site, use of the Site, or access to the Site may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purposes, without a prior written agreement with Heaventools Software. Modifications Heaventools Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Heaventools Software shall not be liable to any party for any modification, suspension or discontinuance of the Site. Copyright This entire Web site, including design, text, graphics, software, and the selection and arrangement thereof, is Copyright © 2007 Heaventools Software. All rights reserved. Proprietary Rights The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to anyone through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No User or third party may modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, without a prior written mutual agreement with Heaventools Software. Disclaimer of Warranties Any material obtained through the use of the site is done at the users discretion and risk. The user will be solely responsible for any damage to his or her computer system or loss of data that results from the download or use of the site. No advice or information, whether oral or written, obtained by you from Heaventools Software through or from the site shall create any warranty not expressly stated in the Terms. Limitation of Liability Heaventools Software shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Heaventools Software has been notified of the possibility of such damages resulting from: The use or the inability to use the site; Exclusions and Limitations Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the User. Notices Notices to Users will be made on the Site. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices. Trademarks Heaventools and the Heaventools logos and products and service names are trademarks of Heaventools Software. No one may display or use any Heaventools Software trademarks in any manner, without Heaventools prior written permission. General The Terms and any Site requirements constitute the entire agreement between the User and Heaventools Software and govern all use of the Site. Additional Terms may apply when third-party content, material and/or information is transmitted, accessed or used. The failure of Heaventools Software to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court to be invalid, the parties agree that the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, the User agrees to file any claim or cause of action arising out of or related to use of the Site or the Terms within one (1) year after such claim.
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