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Acceptance
of Terms
On this Web site (the "Site"), Fort Hill ("we" or
"us") will make available for your use information and documents
(collectively, the "Materials") and various services operated
or provided by us (collectively, the "Services"), subject
to the terms and conditions set forth in this document (the "Terms
of Use").
By accessing or using this Site or any of
the Services, you agree to these Terms of Use as the terms and conditions
that will govern your use of our Site. We reserve the right to amend
these Terms of Use from time to time in our sole discretion by giving
notice of those amendments on this page. Amendments to these Terms
of Use will be effective as of the dates indicated in such notices.
Your continued use of our Site affirms your continuing agreement
to the applicable version of these Terms of Use. In addition, when
using Services or Materials on this Site (including any software
products), you will be subject to any posted guidelines or rules
applicable to those particular Services or Materials (including,
where applicable, end user license agreements). Those guidelines,
rules, and licenses are considered part of these Terms of Use.
If you breach any of these Terms of Use,
your authorization to use our Site will automatically terminate,
and you must immediately destroy any Materials downloaded or printed
from our Site.
If you do not agree to these Terms of Use,
please do not use our Site. If you have any questions regarding
these Terms of Use, please contact
info@forthillsoftware.com
.
Copyrights and
Limited License
All copyrights, trademarks, service marks on this Site are protected
by United States and international copyright and/or other intellectual
property laws. Any unauthorized use of the Materials or Services
may violate those laws. Except as expressly provided herein, we
do not grant any express or implied right to you under any patent,
copyright, trademark or trade secret law with respect to the Materials
and Services.
Use of Site
Information
Except as specifically permitted in these Terms of Use, no portion
of the Materials on this Site may be reproduced in any form or by
any means without our prior written permission. You may view, download
and print the Materials available on our Site subject to the following
conditions:
The Materials may be used only for personal,
informational or non-commercial purposes.
The Materials may not be modified or altered in any way. You may
not remove any copyright or other proprietary notices contained
in the Materials. We reserve the right to revoke the authorization
to view, download and print the documents and information available
on this Site at any time, and you agree to discontinue such use
immediately upon written notice from us. The rights granted to you
constitute a license and not a transfer of title.
Warranties and
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND US, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL
BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE MATERIALS
OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT REQUIRED BY LAW, ANY IMPLIED
WARRANTIES ARE LIMITED TO 30 DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES
TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT FURTHER
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
WE ASSUME NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE INFORMATION, DOCUMENTS, MATERIALS AND/OR SERVICES
WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER
CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Limitation of
Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT MAY RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE.
WE WILL NOT BE LIABLE EVEN IF OUR REPRESENTATIVE OR WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE
NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION,
DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION,
LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
OR CERTAIN WARRANTIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR ACCESSING THIS SITE.
THE USE OF THE SERVICES OR THE DOWNLOADING
OR OTHER RECEIPT OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM
OUR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF USE.
Links to Third
Party Sites
This Site may contain links to third-party web sites that are not
under our control. We are not responsible for the contents of any
linked website, or any changes or updates to those websites. We
make no representations whatsoever about any other web site to which
you may have access through our Site. When you access other websites,
you do so at your own risk and we are not responsible for the accuracy
or reliability of any information, data, opinions, advice, or statements
made on those sites or for the quality of any products or services
available on those websites. We provide links merely as a convenience
and the inclusion of such links does not imply that we endorse or
accept any responsibility for the content or uses of those websites.
Personal Information and Privacy
To learn about how we protect your personal information,
such as your name and address, refer to the Fort Hill
Privacy Policy. Please
note that any non-personal information or material you send to Fort
Hill will be generally deemed NOT to be confidential.
License for
User Content
Certain services offered on this Site accommodate or require user-supplied
information, materials or communications (which we refer to as "User
Content"). Depending upon the nature of the Service, by submitting
User Content to this Site, you grant us the following license:
For User Content such as bug reports or product
suggestions, you grant us an unrestricted, worldwide, irrevocable
and royalty-free license to use, reproduce, display, perform, modify,
transmit and distribute the User Content, and you also agree that
we are free to use any ideas, concepts, know-how or techniques that
you send us for any purpose.
We will not release your name or otherwise
publicize the fact that you submitted User Content to us unless:
(a) you grant us permission to do so; (b) we first notify you that
the User Content you submit to a particular part of the Site will
be published or otherwise used with your name on it; or (c) we are
required to do so by law.
Prohibited Communications
You may only submit User Content to the Site that is (a) owned by
you, (b) submitted with the express permission of the owner, or
(c) in the public domain. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or other materials that would violate any
law or the rights of others, including, without limitation, laws
against copyright infringement. Violation of these restrictions
may result in limitations on access by you to our Site.
Indemnity
You agree to defend, indemnify and hold us, and our 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 User Content that you submit, post
to or transmit through the Site (including, without limitation,
any User Content), your use of the Site, your connection to the
Site, your violation of the Terms of Use, or your violation of any
rights of another person or entity.
Governing Law
and Jurisdiction
We control the Site from our offices within the Commonwealth of
Massachusetts, United States of America. By accessing this Site,
you agree that all matters relating to your access to, or use of,
this Site shall be governed by the statutes and laws of the Commonwealth
of Massachusetts, without regard to the conflicts of laws principles
thereof. We make no representation that Materials or Services available
on this Site are appropriate or available for use in other locations,
and accessing them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance
with local laws.
Severability, Non-enforceability
and Waiver of Rights
If any provision of these Terms of Use is held to be invalid or
unenforceable, such provision will be struck and the remaining provisions
enforced. Headings are for reference purposes only. Our failure
to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches.
Trademark Information
The trademarks, logos and service marks ("Marks") displayed
on this Site are the property of Fort Hill or other third parties.
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