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Terms of Use |
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Terms of Use: The Easy-to-Read TechSoup Version
You can use TechSoup for free. But what you see is what
you get. We poured months of staff time into making TechSoup
as accurate as humanly possible. But we might have made
a mistake. We aren't responsible if you follow our advice
and your system crashes; we will feel REALLY BAD, but
our liability ends there. We respect your privacy (see
our privacy policy),
but we can't verify the privacy practices of other sites
we link to. Speaking of linking, we aren't responsible
for the contents of any site we link to, either. We've
tried to offer the most helpful information available,
but no website is the same as a real live information
technology professional at your elbow. Enjoy.
Terms of Use: Our Lawyer's Version
1. Agreement to Terms
CompuMentor, including its TechSoup project, provides
access and use of this site ("Site") subject to your agreement
to the following "Terms of Use" (the "Terms"). Please
read these Terms carefully before accessing or using the
Site. By accessing or using the Site, you agree to be
bound by these Terms.
The Terms, as well as the Site (and information contained
within the Site) may be updated or revised from time to
time without notice to you. You agree to periodically
review these Terms, and your continued access to or use
of the Site shall constitute your acceptance of the updated
or revised Terms.
2. Contact Information
If asked to provide your e-mail address during your use
of the site, please provide an accurate and complete e-mail
address.
3. Use of Information and Services.
Third parties may provide certain information displayed
on the Site. Although CompuMentor believes that such information
comes from trustworthy sources, the third-party information
is not necessarily sponsored, endorsed, recommended, or
licensed by CompuMentor. You should directly contact the
third parties and/or their references for the most accurate
information.
4. Advice.
Neither CompuMentor nor its information sources or users
are engaged in giving legal, medical, counseling or other
professional services or advice in this Site.
5. No Liability.
Under no circumstances will CompuMentor be liable for
any consequence relating directly or indirectly to any
action or inaction you take based on the information,
services or other material on the Site. While CompuMentor
will attempt to keep its Site current, accurate, and complete,
CompuMentor and its suppliers cannot guarantee, and will
not be responsible for any damage or loss related to,
the timeliness, accuracy, or completeness of the information,
services, or other material on the Site.
6. Site Conduct.
When using the Site, you agree to abide by the following
rules: (a) you may not post or transmit content (information,
data, text, software, graphics, sound, photographs, video,
messages, etc.) ("Content") that is unlawful, harassing,
libelous, defamatory, obscene, fraudulent, harmful, threatening,
abusive, hateful, that violates the property rights of
others (including without limitation infringing use of
a copyright or trademark), that violates the privacy or
publicity right of others, or are otherwise objectionable;
(b) you may not interfere with other users' use of the
Site; (c) you may not use the Site to conduct any activity
that is illegal or that violates the rights of others;
(d) you may not use the Site to advertise or sell products
or services to others; (e) you may not impersonate any
person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity; (f) you may
not post or transmit Content that you do not have a right
to transmit under any law or under contractual or fiduciary
relationships (such as inside information, confidential
information, etc.); (g) you may not post Content to the
Site unless the Content is freely owned by you or used
with the permission of all other persons with any rights
in the Content; and (h) you may not use the Site to collect
or store personal data about other users.
7. Removal of Content.
CompuMentor does not do a prior review of Content posted
by any party other than CompuMentor and has no responsibility
for Content posted by any party other than CompuMentor
to the Site. However, CompuMentor reserves the right in
its sole discretion to delete any Content submitted to
or appearing on the Site. Message boards, "chat rooms"
and/or other information sharing locations on the Site
may contain the opinions and views of other users. CompuMentor
is not responsible for the accuracy of any messages or
postings on the Site. If you believe that any Content
posted on the Site is infringing, defamatory or otherwise
violate the letter or spirit of these Terms, please contact
CompuMentor immediately.
8. Submission of Content.
If you submit Content to the Site, you grant to CompuMentor,
or warrant that the owner of such Content has expressly
granted to CompuMentor, a world-wide, royalty-free, perpetual,
irrevocable, transferable, non-exclusive and fully sublicensable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform
and display such Content (in whole or part) and/or to
incorporate such Content in other works in any form, media,
or technology now known or later developed.
9. Internet Links.
The Site may provide, or third parties may provide, links
to other Internet sites. CompuMentor has no control over
such sites; CompuMentor does not endorse, and is not responsible
for, any such sites or the information, material, products
or services contained on or accessible through those sites.
You acknowledge that CompuMentor shall not be responsible
or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
use of or reliance upon any such information, material,
products, or services.
10. Third Parties.
Your correspondence or business transactions with, or
participation in promotions of, third parties found on,
or e-commerce through, the Site and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such third party. You agree
that CompuMentor shall not be responsible or liable for
any loss or damage of any sort incurred as the result
of any such transactions or as the result of the presence
of such third parties on the Site.
11. Indemnification.
You agree to indemnify, defend and hold harmless CompuMentor,
its affiliates, governing board, officers, agents, employees,
partners, and suppliers from any liability, loss, claim,
demand, and expense (including reasonable attorneys' fees)
related to (a) your use of the Site; (b) your violation
of these Terms; or (c) your posting of Content to the
Site.
12. Modifications to Site.
CompuMentor reserves the right to, from time to time,
discontinue, temporarily or permanently, the information,
services, products, and/or other Content on the Site with
or without notice.
13. Use and Storage of Content on the Site
CompuMentor may establish general practices and limits
concerning the use of the Site, including without limitation,
the maximum number of days that Content will be available
on, or retained by, the Site. CompuMentor, in its sole
discretion, reserves the right to change these general
practices and limits at any time.
14. Ownership of Content.
All information on the Site, as well as the organization
and layout of the site, other than Content posted by you,
is owned and copyrighted by CompuMentor or its suppliers
or other Site users. Except as expressly authorized by
CompuMentor, you may not copy, distribute, resell, display,
sublicense or create derivative works based on any such
information from the Site, in whole or in part.
15. Disclaimer of Warranty.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND
ALL INFORMATION AND CONTENT ON THE SITE, IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. COMPUMENTOR AND ITS
INFORMATION SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION,
SERVICES, AND MATERIALS CONTAINED ON THE SITE, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMPUMENTOR MAKES NO WARRANTY THAT: (a) THE SITE WILL
MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE SITE WILL BE SATISFACTORY; (b) THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS, AND; (d) ANY ERRORS
IN THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM COMPUMENTOR OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. Limitation of Liability.
IN NO EVENT SHALL COMPUMENTOR OR ITS AFFILIATES, GOVERNING
BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS,
LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH
RESPECT TO GOODS OR SERVICES PURCHASED DIRECTLY FROM COMPUMENTOR
THROUGH THE SITE, COMPUMENTOR'S LIABILITY, IN ANY CASE,
IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS,
OR, AT COMPUMENTOR'S ELECTION, TO THE REPAYMENT OR CREDITING
TO YOU OF AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE
GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS
OF USE AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT
SUCH LIMITATIONS. If any jurisdictions do not allow the
foregoing limitations of liability, the foregoing limitations
may not apply to you.
17. Termination.
CompuMentor may, in its sole discretion, with or without
notice, suspend or terminate your use of this Site, and
remove and discard any Content on the Site, for any reason,
including, without limitation if you violate these Terms.
CompuMentor may also bar you from any future access to
the Site. CompuMentor will not be liable to you for any
such suspension, termination or prohibition on future
access.
Should you object to any subsequent modifications of the
terms and conditions of these Terms, your sole recourse
will be to immediately notify CompuMentor of your termination
of these Terms, which termination will be effective immediately.
To the extent permitted by applicable law, the terms and
conditions of these Terms will survive any termination
of these Terms.
20. Notices.
Any notices to you by CompuMentor may be made by either
e-mail or regular mail.
21. General Provisions.
These Terms constitute the entire agreement between you
and CompuMentor and govern your use of the Site, superceding
any prior agreements between you and CompuMentor regarding
the Site (including, but not limited to, any prior versions
of these Terms).
These Terms and the resolution of any dispute related
to these Terms or the Site shall be governed by and construed
in accordance with the laws of the State of California,
without giving effect to any principles of conflicts of
law. CompuMentor's failure to insist upon strict enforcement
of any provision of these Terms shall not be construed
as a waiver of any provision or right. If any provision
of these Terms is held to be invalid or unenforceable,
the remaining provisions of these Terms will be enforced
in accordance with their terms. The section headings in
these Terms are for convenience only and have no legal
or contractual effect.
Regardless of any statute or law to the contrary, you
hereby waive your right to bring any claim against CompuMentor
more than 1 year after such claim first arose.
22. Arbitration.
Any controversy or claim arising out of or relating to
these Terms will be settled by binding arbitration in
accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy
or claim will be arbitrated on an individual basis, and
will not be consolidated in any arbitration with any claim
or controversy of any other party. You consent to the
arbitration being conducted in the county of San Francisco,
California. Judgment on the arbitration award may be entered
in any court having jurisdiction thereof. Either you or
CompuMentor may seek any interim or preliminary equitable
relief from a court of competent jurisdiction in the county
of San Francisco, California, necessary to protect the
rights or property of you or CompuMentor pending the completion
of arbitration.
"CompuMentor" is trademark of CompuMentor. All other trademarks
are the property of their respective owners. |
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