This web site is offered to
User on the condition that User accepts, and agrees to abide by, without
modification, all of the terms, conditions, and notices contained herein
(collectively "Terms of Use"). User's use of this web site constitutes User's
acceptance of, and agreement to, all such terms, conditions and notices. This
web site contains links to web sites, web pages and services also operated by
Landata Technologies Inc. or its affiliates (the "Landata Technologies Inc. Sites"). User's use of any
Landata Technologies Inc. Site is also subject to these Terms of Use and other terms and
guidelines, if any, contained within each Landata Technologies Inc. Site. In the
event that any of the terms, conditions, and notices contained herein conflict
with the Terms of Use or such other terms and guidelines contained within any
particular Landata Technologies Inc. Site, then the terms of use and other terms and
guidelines for such other Landata Technologies Inc. Site shall control. User agrees to click
on the links to and familiarize User with the Terms of Use and other terms and
guidelines found throughout this web site and the Landata Technologies Inc. Sites and abide
by them if User chooses to use the sites, pages, or services to which they
apply.
USE LIMITATION
This web site is for User's personal
use only. User may download, view, copy and print documents and graphics
incorporated in the documents from this web site subject to the following: (1)
the documents may be used solely for personal and informational purposes; and,
(2) the documents may not be modified or altered in any way. Except as expressly
provided herein, User may not use, download, upload, copy, print, display,
perform, reproduce, publish, license, post, transmit or distribute any software,
product, services or information from this web site, in whole or in part,
without the prior written permission of Landata Technologies Inc.. Landata Technologies Inc. reserves
the right to make changes or updates to this web site or the products or
programs described in this web site at any time without notice.
LINKS TO THIRD PARTY SITES
Landata Technologies Inc. has provided links and
pointers to Internet sites maintained by third parties. Neither Landata Technologies Inc.,
its parent or subsidiary companies, nor their affiliates operate or control in
any respect any information, products, or services on these third-party sites.
The materials in each Landata Technologies Inc. Site and all the third-party sites are
provided "as is" and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, Landata Technologies Inc.
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose.
Landata Technologies Inc. does not warrant or
represent that: (i) the functions contained in the materials will be
uninterrupted or error-free: (ii) defects will be corrected; or, (iii) any
Landata Technologies Inc. Site, third party sites, including bulletin boards, or the servers
that make such web sites available, are free of viruses or other harmful
components. Landata Technologies Inc. does not warrant or make any representations regarding
the use or the results of the use of the materials in any Landata Technologies Inc. Site or
in third-party sites in terms of their correctness, accuracy, timeliness,
reliability or otherwise. User (and not Landata Technologies Inc.) assumes the entire cost
of all necessary maintenance, repair or correction.
The sites displayed as linked to this
web site are developed by people over whom Landata Technologies Inc. exercises no control.
Landata Technologies Inc. assumes no responsibility for the content of any site included in
the catalog or otherwise linked to this site.
Landata Technologies Inc. believes, but does not
warrant or represent, that people who make information available on the Web do
so with the expectation that such information will be publicly and widely
available. Landata Technologies Inc. also believes, but does not warrant or represent, that
making links to publicly accessible Web pages available at this site is legally
permissible and consistent with the common, customary expectations of those who
make use of the Web communications media.
NO ENDORSEMENT, WARRANTY, OR
RECOMMENDATION OF SERVICES OR MERCHANDISE OFFERED
Landata Technologies Inc. does not endorse,
warrant, or recommend any of the services or merchandise that may be obtained
from any third party web sites, nor has Landata Technologies Inc. taken any steps to confirm
the accuracy or reliability of any of the information contained in such third
parties' web sites or that may be obtained from such third parties. User is
strongly encouraged to make whatever investigation User believes necessary or
appropriate before proceeding with any online or offline transaction with any of
these third parties.
NO SECURITY REPRESENTATIONS
OR WARRANTIES ARE MADE
Landata Technologies Inc. cannot, and does not,
make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) User
might be requested to give any third party.
LIABILITY DISCLAIMER
The information, software, products,
and services included on this web site, any Landata Technologies Inc. Site, or any third
party site may include inaccuracies or typographical errors. Changes are
periodically made to the information contained at any Landata Technologies Inc. Site.
Landata Technologies Inc. and/or its respective suppliers may make modifications and/or
changes in any Landata Technologies Inc. Site at any time. Advice received via any Landata
Technologies Inc. Site should not be relied upon for personal, medical, legal or financial
decisions and User should consult an appropriate professional for specific
advice tailored to User's situation.
LANDATA TECHNOLOGIES INC. AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THIS WEB SITE, ANY LANDATA TECHNOLOGIES INC. SITE OR ANY THIRD
PARTY SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LANDATA
Technologies Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL LANDATA TECHNOLOGIES INC. AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THIS WEB SITE, ANY LANDATA TECHNOLOGIES INC. SITE OR THIRD
PARTY SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, ANY LANDATA TECHNOLOGIES INC.
SITE OR THIRD PARTY SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THIS ANY LANDATA TECHNOLOGIES INC. SITE OR THIRD PARTY SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEB SITE, ANY LANDATA TECHNOLOGIES INC. SITE OR THIRD PARTY SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LANDATA
Technologies Inc. OR ANY OF ITS SUPPLIERS 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 USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, ANY
LANDATA TECHNOLOGIES INC. SITE OR THIRD PARTY SITE, OR WITH ANY OF THESE TERMS OF USE,
USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. ANY
LANDATA TECHNOLOGIES INC. SITE OR THIRD PARTY SITE.
SERVICE CONTACT
Contact webmaster@landata.com with
questions or problems with this web site.
ACCESS RESTRICTION
Landata Technologies Inc. reserves the right to
deny in its sole discretion any user access to this web site or any portion
thereof without notice.
FEEDBACK
Except where expressly provided otherwise by Landata Technologies Inc., all comments, feedback,
information or materials submitted to Landata Technologies Inc. through or in association
with this web site shall be considered non-confidential and Landata Technologies Inc.s
property. By submitting such comments, feedback, information or materials to
Landata Technologies Inc., User agrees to a no-charge assignment to Landata Technologies Inc. of all
worldwide rights, title and interest in copyrights and other intellectual
property rights to the comments, feedback, information or materials. Landata
Technologies Inc. shall be free to use such comments, feedback, information or materials on
an unrestricted basis.
Landata Technologies Inc. reserves the right to
communicate with registered users at various times through e-mail. Upon
registering a new account with Landata Technologies Inc., the new account may be
automatically signed up to receive various e-mails and other correspondence.
Users may, in some instances, indicate preferences for receipt of some of these
emails.
User represents and warrants that he or
she is at least 18 years of age and possesses the legal right and ability to
enter into this Agreement and to use this web site in accordance with all terms
and conditions herein. User agrees to be financially responsible for all use of
this web site (as well as for use of User's account by others, including without
limitation minors living with User). User agrees not to assign, transfer or
sublicense User's rights pursuant to this Agreement. User may allow other
members of User's business or household to use this web site under User's name
or account, provided that User hereby agrees to pay all charges that they incur
and to be responsible for all other aspects of their usage. User agrees to
supervise all usage by minors of this web site under User's name or
account.
USE OF INFORMATION
The name, address and payment
information (if applicable) that the User provides via this web site, together
with information regarding the manner in which the User uses this web site, will
not be processed or disclosed by Landata Technologies Inc. except as permitted by these
terms and conditions. By being a user of this web site, User agrees that Landata
Technologies Inc. may share with other parties both aggregate information, individual
information, and Locator information gathered by Landata Technologies Inc. in the course of
the User's continuing use of this web site. "Aggregate information" is
information that describes the habits, usage patterns and/or demographics of
users as a group, or as a part of a group, but does not describe or reveal the
identity of any user. "Individual information" is information about a user that
is presented in a form distinguishable from information relating to other users
but not in a form that personally identifies any user or enables the recipient
to communicate directly with any user. "Locator information" consists of a
user's name, e-mail address, physical address and/or other data about the user
that enables the recipient to personally identify the user. If User does not
wish to receive any special offers or communications from Landata Technologies Inc. on
behalf of suppliers, or directly from Landata Technologies Inc. or its affiliates, then User
shall so notify Landata Technologies Inc. at the listed under SERVICE CONTACT. Note that a
user's election not to receive such information will not affect the user's
receipt of offers and communications that were processed prior to the users'
election. Locator information and individual information will be processed and
stored by Landata Technologies Inc. in the United States and, if the user does not live in
the United States, possibly in the country of residence. Users may contact
Landata Technologies Inc. to determine whether such information has been accurately recorded
and, if not, to request correction of any inaccuracies in the information
recorded by Landata Technologies Inc..
INDEMNITY
As a condition of use of this web site,
User agrees to indemnify, protect, defend, and hold Landata Technologies Inc., its
affiliates, and its suppliers harmless from and against any and all liabilities,
expenses (including attorneys' fees) and damages arising out of claims resulting
from: (a) User's use of this web site; or, (b) User's customers or others
accessing or using this web site by, through, or under User, including without
limitation any claims alleging facts that if true would constitute a breach by
User of these Terms of Use.
MODIFICATION OF THESE TERMS AND CONDITIONS
Landata Technologies Inc. reserves the right to
change these Terms of Use at any time by revising the terms and conditions
herein. User is responsible for regularly reviewing these terms and conditions.
Continued use of this web site following any such changes shall constitute the
User's acceptance of such changes.
DISCLAIMER REGARDING PICTURES & SOUNDS
Landata Technologies Inc. does not have the right
to authorize User to publish or republish any photographs, images or audio files
(the "Content") accessed through any Landata Technologies Inc. Site. All of the Content
which User locates through the Landata Technologies Inc. Sites may be owned and served by
entities other than Landata Technologies Inc.. Landata Technologies Inc. provides User with the URL or
address of the Content. This information may be used to determine the server of
the Content. If User intends to make use of any Content accessed through any
Landata Technologies Inc. Site for commercial or noncommercial purposes, we strongly suggest
that User contact the server of the Content for permission to use the
Content.
NO LICENSE
Except as expressly provided, nothing
within these Terms of Use shall be construed as conferring any license under any
of Landata Technologies Inc.'s or any third party's intellectual property rights, whether by
estoppel, implication, or otherwise.
Any use of any of the marks appearing
throughout the Landata Technologies Inc. Sites without the express written consent of
Landata Technologies Inc. or the owner of the mark, as appropriate, is strictly
prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of User's use of this
web site, User warrants to Landata Technologies Inc. that User shall not use this web site
for any purpose that is unlawful or prohibited by these Terms of
Use.
USE OF ONLINE WEB COMMUNITIES
If this web site contains bulletin
board services, chat areas, news groups, forums, communities and/or other
message or communication facilities (collectively, "Communities"), User agrees
to use the Communities only to send and receive messages and material that are
proper and related to the particular Forum. By way of example, and not as a
limitation, User agrees that when using a Community, User shall not:
Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
Upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless User owns or controls the rights thereto or have received
all necessary consents.
Upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
Advertise or offer to sell any goods or
services for any commercial purpose.
Conduct or forward surveys, contests,
pyramid schemes or chain letters.
Download any file posted by another
user of a Forum that User know, or reasonably should know, cannot be legally
distributed in such manner.
Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
Restrict or inhibit any other user from
using and enjoying the Communities.
Landata Technologies Inc. reserves the right to
terminate User's access to any or all of the Communities at any time without
notice for any reason whatsoever.
Landata Technologies Inc. has no obligation to
monitor the Communities. However, Landata Technologies Inc. reserves the right at all times
to disclose any information as 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 Landata Technologies Inc.'s
sole discretion.
User acknowledges that all Communities
are public and not private communications, therefore User's communications may
be read by others without User's knowledge. Always use caution when giving out
any personally identifying information about User or User's children in any
Community. Landata Technologies Inc. does not control or endorse the content, messages or
information found in any Community and, therefore, Landata Technologies Inc. specifically
disclaims any liability with regard to the Communities and any actions resulting
from User's participation in any Community. Forum managers and hosts are not
authorized Landata Technologies Inc. spokespersons, and their views do not necessarily
reflect those of Landata Technologies Inc..
By posting messages, uploading files,
inputting data, or engaging in any other form of communication through this web
site, User is granting Landata Technologies Inc. permission to:
1. Use, modify, copy, distribute,
transmit, publicly display, publicly perform, reproduce, publish, sublicense,
create derivative works from, transfer, or sell any such communication;
and
2. Sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with respect
to the communication.
The foregoing grants shall include the
right to exploit any proprietary rights in such communication, including but not
limited to rights under copyright, trademark, service mark or patent laws under
any relevant jurisdiction.
User agrees to (as available) send and
receive electronic mail, engage in conferences and chats, download and upload
files, and otherwise use this web site only as permitted by these Terms of Use,
any additional policies or procedures published in this web site from time to
time by Landata Technologies Inc., and in accordance with applicable law.
Landata Technologies Inc. reserves the right for
any reason to remove without notice any contents of this web site received from
User, including without limitation bulletin board postings. Landata Technologies Inc.
reserves the right to deny, in its sole discretion, User access to this web site
or any portion thereof without notice. Landata Technologies Inc. reserves the right to edit
any notices or postings for clarity and length.
User acknowledges that chats,
conferences, bulletin boards and any other such communications forums hosted by
this web site are public and not private communications. Further, User
acknowledges that chats, postings, conferences, and other communications by
other users are not endorsed by Landata Technologies Inc., and such communications shall not
be considered reviewed, screened, or approved by Landata Technologies Inc..
SUBSCRIPTION BASED CONTENT
Some contents and/or services on this
web site may be offered to User conditioned on User's payment of subscription
fees. If User elects to purchase subscription based content/services and
transmits to Landata Technologies Inc. a subscription purchase request, User warrants that
all information that User submits is true and accurate (including without
limitation User's credit card number and expiration date), and User agrees to
pay all subscription fees User incurs. Like all Web publications, those accessed
through any Landata Technologies Inc. Site may be temporarily unavailable from time to time
due to required maintenance, failures, telecommunications interruptions, or
other disruptions. Although Landata Technologies Inc. makes reasonable efforts to minimize
such downtime, Landata Technologies Inc. does not guarantee 100 % availability of any site
whatsoever. If User wishes to cancel User's subscription for any reason, User
may do so through the Subscription Services feature of the appropriate web site,
but there shall be no refunds of subscription fees previously
paid.
User's subscription is personal to User
and the members of User's household, and User may not transfer or make available
User's account name and password to others, including without limitation User's
co-workers. Any distribution by User of User's account name and password may
result in cancellation of User's subscription without refund and additional
charges based on unauthorized use.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made
available to download from this web site ("Software") is the copyrighted work of
Landata Technologies Inc. Company, its affiliates, and/or its suppliers. User's use of the
Software is governed by the terms of an end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). User
may not install or use any Software that is accompanied by or includes a License
Agreement unless User first agrees to the License Agreement terms. For any
Software not accompanied by a license agreement, Landata Technologies Inc. hereby grants to
User, a personal, non-transferable license to use the Software for viewing and
otherwise using this web site in accordance with these terms and conditions, and
for no other purpose provided that User keeps intact all copyright and other
proprietary notices. Please note that all Software, including without limitation
all HTML code and ActiveX controls contained in this web site, is owned by
Landata Technologies Inc., its affiliates, and/or its suppliers and is protected by
copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software, without the express consent of the copyright
owner, is expressly prohibited by law, and may result in severe civil and
criminal penalties.
Violators may be prosecuted to
the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. User
acknowledges that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the USA. User agrees not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export
restrictions.
RESTRICTED RIGHTS LEGEND.
Any Software, which is downloaded from
this web site for or on behalf of the United States of America, its agencies
and/or instrumentalities ("U.S. Government"), is provided with Restricted
Rights. Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Landata Technologies Inc. Company, 5730 NW Parkway,
Suite 100, San Antonio, TX 78269.
GENERAL
Landata Technologies Inc. reserves the right to
make any and all changes to this web site at its sole discretion without notice
to User. Landata Technologies Inc. reserves the right to deny access to this web site to
anyone at anytime.
This Agreement is governed by the laws
of the State of Texas, U.S.A. User consents to the exclusive jurisdiction and
venue of courts in Bexar County, Texas, U.S.A., in all disputes arising out of
or relating to the use of this web site. Use of this web site is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
User acknowledges that no joint
venture, partnership, employment, or agency relationship exists between the User
and Landata Technologies Inc. as a result of this Agreement or use of this web site. User
agrees not to hold himself or herself out as a representative, agent, or
employee of Landata Technologies Inc. and Landata Technologies Inc. shall not be liable for any
representation, act or omission of the User.
Landata Technologies Inc.'s performance of this
Agreement is subject to existing laws and legal process and nothing contained in
this Agreement is in derogation of Landata Technologies Inc.'s right to comply with law
enforcement requests or requirements relating to the User's use of this web site
or information provided to or gathered by Landata Technologies Inc. with respect to such
use.
If any part of this Agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in
effect.
This Agreement constitutes the entire
agreement between the User and Landata Technologies Inc. with respect to this web site and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the User and Landata Technologies Inc. with respect to
this web site. A printed version of this Agreement and of any notice given in
electronic form will be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
Landata Technologies Inc., Landata Technologies Inc. Title, and
other names of Landata Technologies Inc. products and/or services referenced herein are
trademarks or registered trademarks of Landata Technologies Inc. Company or its affiliated
entities. Other product and company names mentioned herein may be the trademarks
of their respective owners.
User's use of this web site
in no way authorizes User to use any Landata Technologies Inc. name, trademark or
logo.
All contents of this web site are:
Copyright © 2003 Landata Technologies Inc. Company and/or its suppliers, 5730 NW Parkway,
Suite 100, San Antonio, TX 78269 U.S.A. All rights reserved.