General
By using this Website, you are indicating that you have the legal authority to
accept the terms and conditions of this Terms of Use statement (the "Terms of
Use") and you have agreed to be bound by them. This Website may include
inaccuracies or typographical errors. Adaptivity and the third parties that
provide content on this site may make improvements and/or changes in the
products, services, and programs, described in this Website at any time without
notice. It is your responsibility to check the Terms of Use for any changes that
are periodically made to the Website. These Terms represent the entire
understanding relating to the use of the Website and prevail over any prior or
contemporaneous, conflicting or additional, communications. Any action related
to this Website will be governed by California law and controlling U.S. federal
law. No choice of law rules of any jurisdiction will apply.
User of Proprietary Information
All content and intellectual property available through this Website and
appearing on this Website is the property of Adaptivity or its licensors and is
protected by copyright and other intellectual property laws and treatises. This
Website is protected by copyright as a collective work or compilation under
United States copyright law. Adaptivity and all Adaptivity-based trademarks and
logos (for Conversation Planner™ and CommunityXPerts™) are trademarks or
registered trademarks of Adaptivity in the United States and other countries.
Any trademark that appears on this Website may not be used in connection with
any product or service that is not the trademark owner's, in any manner likely
to cause confusion among customers, or in any way disparages or discredits the
trademark owners. Any reproductions of the trademarks of Adaptivity must include
the proper copyright and proprietary notices, and are subject to approval by
Adaptivity (see contact information below).
Links to Third Party Sites
This Website may contain links to other websites for informational purposes and
are not intended to suggest any affiliation with Adaptivity unless expressly
stated. The reliability, availability and performance of these other websites is
beyond Adaptivity's control, and Adaptivity makes no representations or
warranties with respect to such websites. Adaptivity provides these links to you
only as a convenience, and the inclusion of any link to such websites does not
imply endorsement by Adaptivity of those websites. Adaptivity reserves the right
to terminate any link or linking program at any time.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED ON
AN "AS IS" BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ADAPTIVITY MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE
WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE
PROVIDERS OF SUCH MATERIALS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, AND SUCH EXCLUSIONS MAY THEREFORE NOT APPLY TO YOU.
Limitation of Liability
ADAPTIVITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS ON
THIS WEBSITE. IN NO EVENT SHALL ADAPTIVITY BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS,
REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES,
WHETHER FOR BREACH OR IN TORT, EVEN IF ADAPTIVITY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE
WEBSITE AND WILL NOT MAKE A CLAIM AGAINST ADAPTIVITY FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE
MATERIALS. YOU AGREE TO HOLD ADAPTIVITY HARMLESS FROM, AND YOU COVENANT NOT TO
SUE ADAPTIVITY FOR ANY CLAIMS BASED ON USING THE WEBSITE. YOUR SOLE AND
EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE
WEBSITE.
Copyright
Except where otherwise specified, the contents of this site are
protected under U.S. copyright law.
Copyright © 2007-2009, Adaptivity Inc. All rights reserved.