Terms Of Use

Please Read These Terms and Conditions Carefully Before Using This Site

Welcome to the FourthElephant website (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use of Use and Privacy Policy at any time without notice to you.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Use of Website Information

You may download, view, copy, and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of FourthElephant.

Use of Software

Any use of software and accompanying documentation you download from the Site is subject to a software license agreement between you and FourthElephant. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title, and interest not expressly granted are reserved.

Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to FourthElephant, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish, or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam", or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by FourthElephant, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing, or otherwise transmitting content to any Forum or submitting any content to FourthElephant, you automatically grant (or warrant that the owner of such rights has expressly granted) FourthElephant a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. FourthElephant does not want you to, and you should not, send any confidential or proprietary information to FourthElephant via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to FourthElephant will not be considered confidential or proprietary. FourthElephant shall be free to use any ideas, concepts, know-how or techniques contained in any content submitted by you to FourthElephant or posted on any Forum for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and distributing products and/or services.

Third Party Website, Content, Products and Services

The Site may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that FourthElephant is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that FourthElephant is not responsible for third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that FourthElephant is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that FourthElephant is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Termination of Use

You agree that FourthElephant may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by FourthElephant.

Changes

FourthElephant reserves the right, at its sole discretion, to modify the Terms of Use of Use in whole or in part, at any time. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Terms of Use are posted will mean you accept those changes. FourthElephant may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. FourthElephant may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Note About Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

Disclaimer

THIS SITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SITE, INCLUDING ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS". ANY SOFTWARE MADE AVAILABLE ON THE SITE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE APPLICABLE SOFTWARE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FourthElephant HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Damage

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FourthElephant, OR ITS DISTRIBUTORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGES OR LOSS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF FourthElephant HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512.

Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:

By Mail:
FourthElephant, Inc.
Attn: Legal Department
17 Juniper Lane
Framingham, MA 01701

By Facsimile:
508-877-7414

By E-Mail:
sales at fourthelephant dot com

Export Controls/Legal Compliance

None of the software or underlying information or technology available on the Site may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.

Indemnification And Release

By accessing the Site, you agree to hold FourthElephant harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Site and any materials, services, or products available through our website. In addition, you hereby release FourthElephant from any and all claims for damages (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against FourthElephant arising out of or in any way related to any materials, software, services, or products made available at the Site. You hereby agree to waive all laws that may limit the efficacy of such releases.

International Users and Choice of Law

This Site is controlled, operated and administered by FourthElephant from its offices within the United States of America. FourthElephant makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Use of this Site or any information or materials made available by FourthElephant through this website is governed by the laws of the State of Massachusetts, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Middlesex County, Massachusetts. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

These Terms of Use constitute the entire agreement between FourthElephant and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Terms of Use shall continue in full force and effect.

Copyright/Trademark Information

Copyright 2006 FourthElephant, Inc.
ALL RIGHTS RESERVED.

FourthElephant is a registered trademark of FourthElephant, Inc. Other names appearing on the Site may be trademarks of their respective owners.

Contact Information

If you have any questions please contact FourthElephant at support at fourthelephant dot com.


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