ACTION TECHNOLOGIES, INC. WEB SITE TERMS AND CONDITIONS OF USE
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Action Technologies, Inc. ("ATI"). No material from this site or any Web site owned, operated, licensed, or controlled by ATI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your internal non-commercial or business use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ATI's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by ATI or its affiliates and are not licensed hereunder.
LIMITED ACCESS AREAS
Certain areas of the Web site are password protected and available only to users to whom ATI has given special access privileges. You agree that you will not attempt to access these areas unless ATI has provided you with access privileges and that you will not attempt to access materials and information within the limited access area that are outside of scope of the access privileges that ATI has granted you. In particular, you agree that you will not access or use the materials or information of any third party if you have reason to know that such materials are not within the scope of your access privileges and you agree to indemnify ATI for any damages that it sustains as a result of your unauthorized access and use of these materials.
Certain areas of this Web site permit you to post and share with others your information and materials. Regardless of whether you post this material in an area where the information may be accessed and viewed without restriction or whether you post it in a protected area with limited access, you may not transmit to or through this Web site or store or share on or from this Web site any content that infringes any third party's proprietary or intellectual property rights; violates or facilitates the violation of any law or regulation in any jurisdiction; is tortious in any manner, including without limitation, defamatory, libelous, unlawfully threatening or unlawfully harassing, is lewd, obscene or pornographic, is demeaning to any individual or group on the basis of race, religion, ethnicity, or national origin; or disrupts any third party's use and enjoyment of this Web site or the Web site of any third party, including, without limitation, information or materials that contain computer code that is intended to or has the effect of damaging, interfering with, intercepting or expropriating any system or system resources, data or personal information of ATI or any third party. You agree that you will not store on the Web site or transmit through the Web site files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. You may not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or the Web site or other user or usage information or any portion thereof. In addition, you must take precautions to ensure that the recipient of any content that you deliver to this Web site for access and use by a third party is appropriate for that recipient.
YOUR USE OF WEB SITE SERVICES AND ACCESS
This Web site provides certain services and application functions ("Services") to its users. Some services may be generally available to users from time to time, while others will always be restricted to users whom ATI has specifically authorized. You agree that you will not attempt to use any Services requiring specific authorization unless you have received such authorization from ATI and that you will not attempt to circumvent the access restriction mechanisms that protect the Services. You further agree that you will not use any available Services in manner that, in ATI's sole judgment, interferes with ATI's provision of the Services or the use of either the Services or this Web site by any third party, impairs the quality or operation of the Services or this Web site, or impairs the privacy or confidentiality of data and communications that may be transmitted through or stored at this Web site.
You may not use the Services or this Web site in any manner so as to annoy, abuse, threaten or otherwise harass any third party. You may not, in any communications sent using the Services or this Web site, falsify address or signature information or otherwise modify or remove message headers in order to conceal the sender or recipient's identity. Nor may you use the Services or this Web site to transmit or disseminate unsolicited bulk messages (including, without limitation, advertisements, informational distributions, chain letters, and charitable or other solicitations) to any recipient that has not specifically requested such unsolicited messages or has complained regarding such unsolicited messages, flood a recipient with large or numerous e-mail messages (also known as "mail bombing"), or
collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services which violates this Agreement or the acceptable use policy of any Internet service provider. You may not reference ATI or this Web site or any Service in any prohibited unsolicited e-mail even if that e-mail is not sent through this Web site or using the Services.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ATI immediately of any unauthorized use of your account or any other breach of security. ATI will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ATI or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
THIRD-PARTY INFORMATION AND MATERIALS
This site contains information and materials that third parties have provided to ATI ("Third-Party Content"). ATI does not independently verify Third-Party Content, makes no representation as to its accuracy or that it complies with the terms set forth in this Agreement, and assumes no responsibility for your use of the Third-Party Content and any consequences of that use, including, without limitation, any results obtained or not obtained by you or any injuries that you may sustain as a result of its use.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NON-INFRINGEMENT. ATI DOES NOT WARRANT THAT THE SERVICES OR ACCESS TO THIS WEB SITE (INCLUDING ANY AND ALL RESTRICTED ACCESS AREAS RELATING THERETO) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THIS SITE AND THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. ATI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE INFORMATION AND MATERIALS AT THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ATI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LINKS TO THIRD PARTY SITES
This site may provide links or references to other sites. Any links to other sites provided in this site are provided for your convenience only, and you access such other sites entirely at your risk. These other sites are not under the control of ATI, and ATI is not responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or for any damage or injury arising in connection with your access to such sites. The presence of any such link in this site does not imply endorsement by ATI of the site, its contents, or any company, person, product or service related to the site. ATI may terminate any link on or to this site at any time in its sole discretion.
This Web site was created using private funds and is a commercial product the use of which is governed by these terms and conditions.
ActionWorks®, Coordinator® are the trademarks of ATI. All other product names mentioned herein are the trademarks of their respective owners.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE SHALL ATI BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF ATI, AN ATI AFFILIATE, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO ATI, IF ANY, FOR ACCESSING THIS SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ATI'S OBLIGATIONS REGARDING YOUR ACTIVITIES
ATI has no obligation to monitor your content or your use of the Services. However, ATI reserves the right to review such materials and to remove any materials in its sole discretion and to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
ATI reserves the right at all times to disclose any information as ATI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ATI's sole discretion.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all ATI site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from ATI if in ATI's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other site(s) of ATI and its affiliates and all copies thereof, whether made under the terms of these terms or otherwise.
JURISDICTION AND OTHER MATTERS
This site is controlled and operated by ATI from its offices within the State of California, United States of America. ATI makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments. By downloading or using the Software, you 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.
These terms shall be governed by and construed in accordance with the laws of the State of California as applied to agreements entered into and fully performed therein by residents thereof. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the County of Alameda, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
| Copyright © 1999-2013 Action Technologies Inc.
|ActionWorks, the Action Technologies business process analysis and redesign methodology, and the Business Interaction Model are protected under US Patents 6,073,109; 6,058,413; 5,734,837; 5,630,069; and 5,208,748