Introduction
Welcome to the Collutions Web site (the "Site"). By using the Site, you
agree to follow and be bound by the following terms and conditions concerning
your use of the Site ("Terms of Use") and our
Privacy Policy. We may revise the Terms of Use
and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted. If there is a
conflict between these Terms of Use and terms of use posted for a specific area of
the Site, the latter shall have precedence with respect to your use of that area
of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics
incorporated in these pagess (the "Pages") from the Site subject to
the following: (a) the Pages may be used solely for personal,
informational, non-commercial purposes; and (b) the Pages may not be
modified or altered in any way. Except where your use constitutes "fair use"
under copyright law, you may not otherwise use, download, upload, copy,
print, display, perform, reproduce, publish, license, post, transmit or
distribute any information from this Web site in whole or in part without
the express authorization of Collutions, Inc.
2. Use of Software
Any use of software and accompanying documentation you download from the
Site is subject to the terms of a software license agreement between you and
Collutions. You must read the license agreement and indicate your agreement
to its terms prior to installing or using the software. All rights, title
and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
Discussion Lists are offered as part of the Site. You agree not
to upload, post, publish or otherwise transmit through a Discussion List any
content that: (a) is false or misleading; (b) is defamatory; (c) is
harassing or invades another's privacy, or promotes bigotry, racism, hatred
or harm against any group or individual; (d) is obscene; (e) infringes
another's rights, including but not limited to intellectual property rights;
(f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain
letters; or (g) violates any applicable laws or regulations.
Discussion Lists shall be used in a noncommercial manner only. You shall
not distribute or otherwise publish any content containing a solicitation of
funds, promotion, advertising, solicitation for goods or services, or other
commercial matter. You agree not to solicit other users of the Site to use
or join or become members of any commercial online or offline service or
other organization. Except where expressly authorized by Collutions, you
agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing
or otherwise transmitting content to any Discussion List or submitting any content to
Collutions, you automatically grant (or warrant that the owner of such rights
has expressly granted) Collutions a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish,
transmit and distribute such content in any form, medium, or technology now known or
later developed. In addition, you warrant that all so-called moral rights in
the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any
password(s) you are given to access the Site, and are fully responsible for
all activities that occur under your password(s). You agree to notify
Collutions immediately of any unauthorized use of your password(s).
Collutions is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. For more information please see our Privacy Policy
.
5. Termination of Use
You agree that Collutions may, in its sole discretion, at any time
terminate your access to the Site and any account(s) you may have in
connection with the Site. Access to the Site may be monitored by Collutions.
6. Third Party Web Sites, Content, Products and Services
The Site may provide links to Web sites and access to content, products and
services from third parties, including users, advertisers, affiliates and
sponsors of the Site. You agree that Collutions is not responsible for the
availability of, and content provided on, third party Web sites. You should
refer to the policies posted by other Web sites regarding privacy and other
topics before you use them. You agree that Collutions is not responsible for
third party content accessible through the Site, including opinions, advice,
statements and advertisements, and understand that you bear all risks
associated with the use of such content. If you choose to purchase any
products or services from a third party, your relationship is directly with
the third party. You agree that Collutions is not responsible for: (a) the
quality of third party products or services; and (b) fulfilling any of the
terms of your agreement with the seller, including delivery of products or
services and warranty obligations related to purchased products or services.
You agree that Collutions is not responsible for any loss or damage of any
sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE
SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLLUTIONS
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 AND NON-INFRINGEMENT.
COLLUTIONS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS;
(B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (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
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK. COLLUTIONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
COLLUTIONS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY
TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL COLLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL 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 USE OF,
THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless Collutions, its
officers, directors, employees and agents from and against any and all
claims, liabilities, damages, losses or expenses, including reasonable
attorneys' fees and costs, arising out of or in any way connected with your
access to or use of the Site.
10. Privacy Policy
Collutions is concerned about your privacy and has developed a policy to
address privacy concerns. You can find the current privacy policy at
http://www.collutions.com/privacy.aspx.
11. Note About Children
Minors are not eligible to use the Site, and we ask that they do not
submit any personal information to us.
12. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content,
software, products or services provided on the Site in violation of U.S.
export laws or regulations, or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions and
regulations of any United States or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available the services and
products of Collutions in violation of any such restrictions, laws or
regulations, or without all necessary approvals, including, without
limitation, for the development, design, manufacture or production of
nuclear, chemical or biological weapons of mass destruction. As applicable,
you shall obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to your own use of the services of Collutions
outside the U.S. Neither the services of Collutions nor the underlying
information or technology may be downloaded or otherwise provided or made
available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria or any other country subject to U.S. trade
sanctions, to individuals or entities controlled by such countries, or to
nationals or residents of such countries other than nationals who are
lawfully admitted permanent residents of countries not subject to such
sanctions; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders. By agreeing to these Terms and
Conditions of Use, you agree to the foregoing and represent and warrant that
you are not located in, under the control of, or a national or resident of
any such country or on any such list.
13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be
governed by U.S. federal law or the laws of the State of California. Any
legal action or proceeding relating to your access to, or use of, the Site
shall be instituted in a state or federal court in Santa Clara County,
California. You and Collutions agree to submit to the jurisdiction of, and
agree that venue is proper in, these courts in any such legal action or
proceeding.