This page states terms and conditions under which Silverpop Systems Inc. ("Silverpop") authorizes you to use this Web site (this "Agreement"). Please read this page carefully. If you do not accept this Agreement, do not use this Web site. Silverpop may revise this Agreement at any time by updating this posting. You agree to review this Agreement periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this Web site. Your continued use of this Web site after Silverpop posts such changes will constitute your agreement to the amended Agreement.
The logo service marks, trademarks, and/or trade dress of Silverpop and its affiliates are owned exclusively by Silverpop. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Content (defined below) is protected by copyright laws under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of same. All Silverpop Content on this Web site is subject to and protected by: Copyright © 2000 - 2005 Silverpop Systems Inc. ALL RIGHTS RESERVED.
3. Limits on Use.
This Web site is owned and operated by Silverpop, and is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services obtained from this Web site ("Content"), except that you may view the Content in its present form and you may download on any single computer one (1) copy of the Content for personal, noncommercial home use, provided that you keep intact all copyright and other proprietary notices. The use of any of the Content on any other Web site or networked computer environment is strictly prohibited. You recognize that unauthorized use of the Content may subject you to civil or criminal liability.
4. Disclaimer of Warranties.
THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SILVERPOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SILVERPOP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SILVERPOP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SILVERPOP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SILVERPOP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
5. Disclaimer of Consequential Damages.
IN NO EVENT SHALL SILVERPOP, ITS CONTENT SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR THE CONTENT OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SILVERPOP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Third Party Content on Site.
You acknowledge and agree that this Web site may contain Content provided by other users, Content suppliers and other third parties. Silverpop makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party Content or any other Content that such third party Content may access. Silverpop expressly disclaims responsibility and liability for all third party provided Content contained or accessible through this Web site.
7. User Submissions.
Generally, any communication, which you post to this Web site, is considered to be non-confidential. If particular pages on this Web site permit the submission of communications that will be treated by Silverpop as confidential, such a fact will be stated in "Legal Notices" on those pages. By posting communications to this Web site, you automatically grant Silverpop a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a user of this Web site ("User"), you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post content that reveals trade secrets, unless you own them or have the permission of the owner; post content that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post content that is obscene, defamatory threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Silverpop and its Content suppliers do not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on Content posted by other Users will be at your own risk.
Silverpop does not screen communications in advance and is not responsible for screening or monitoring Content posted by Users. If notified by a User of communications, which allegedly do not conform to this Agreement, Silverpop may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Silverpop has no liability or responsibility to Users for performance or nonperformance of such activities. Silverpop reserves the right to expel Users and prevent their further access to this Web site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
8. Links to Other Sites.
This Web site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Silverpop of the Content on such third party Web sites. Silverpop is not responsible for the Content of linked third party Web sites and does not make any representations regarding the Content or accuracy of any Content on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
9. Software Licenses.
From time to time, software may be made available for downloading from this Web site ("Software"). Such Software is protected by copyright and may be protected by other rights. The use of such Software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such Software ("License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
10. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Silverpop and its Content suppliers to you for all claims arising from the use of the Content (including Software) is limited to $100.
You agree to defend, indemnify, and hold harmless Silverpop, its officers, directors, employees, agents and Content suppliers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Web site and the Content (including without limitation, Software) or your breach of this Agreement. Silverpop shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
12. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
13. User Information.
Silverpop and its Content suppliers may collect, use and disclose the IP addresses and zip codes of all of our Web site's Users on an Aggregate Basis. For the purposes of this Agreement, "Aggregate Basis" means that we combine anonymous parts of your information with anonymous parts of the information from our other Users without including any of your personally identifiable information, such as but not limited to your name and email address, in the combination. An example of "Aggregate Basis" without limitation is our tracking the most popular parts of the Silverpop Web site among the Users.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Content obtained from any and all Silverpop Web sites and all related documentation and copies and installations thereof, whether made under the terms and conditions of this Agreement, or otherwise. This Agreement will terminate immediately without notice from Silverpop if, in Silverpop's sole discretion, you fail to comply with any of the Terms and Conditions is Agreement. Upon termination, you must destroy all Content obtained from this Web site and any and all other Silverpop Web sites and all copies thereof, whether made under the terms and conditions of this Agreement, or otherwise.
This Web site is based in Atlanta, Georgia, U.S.A. Silverpop makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access this Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Georgia, U.S.A, without respect to its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or Content on particular Web pages, this Agreement constitutes the entire Agreement between you and Silverpop with respect to the use of this Web site. Silverpop reserves the right to make changes to this Web site and to this Agreement at any time without notice.
15. Choice of Laws/Venues.
You agree that any disputes involving this Web site shall be adjudicated to any federal or state court located in Atlanta, Georgia. You also agree to submit to jurisdiction and venue in any state or federal court in Atlanta, Georgia.
16. Agent for Notice.
For purposes of 17 U.S.C. 512(c) and 37 C.F.R. 201.38, Silverpop's agent for notice is:
Attn: Copyright Agent
200 Galleria Parkway, Suite 750
Atlanta, Georgia 30339