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2006 The Parker Group, Inc. All rights reserved.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF
YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS
SITE. TPG RESERVES THE RIGHT TO CHANGE THESE RULES AND
REGULATIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.
- General. This Web Site is owned and operated by The
Parker Group, Inc. (“TPG”). TPG has the right at any time to
change or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of
availability, and access or use of the site.
- Limited License. TPG hereby authorizes you to copy
materials published by TPG on this Web Site solely for
non-commercial use within your organization in support of TPG
services. No other use of the information is authorized
without the express prior written consent of TPG. In
consideration of this authorization, you agree that any copy
of these materials which you make shall retain all copyright
and other proprietary notices in the same form and manner as
the original. Except as specified above, nothing contained
herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent,
trademark or copyright of TPG or any third party.
- Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas on
this Web Site is limited to authorized users only. You agree
to provide accurate and current information on all
registration forms on this Web Site. You are solely
responsible for maintaining the confidentiality of any user
name and password provided to you. You agree to not misuse to
share the username or password that is issued to you by TPG,
misrepresent your identity or your affiliation with an entity,
impersonate any person or entity, or misstate the origin of
any materials you are exposed to through this Web Site. If you
are in violation of your obligations under the Terms of Use,
you may be subject to prosecution.
- Links to Other Sites. While this Web Site may
contain links to third party sites, TPG is not responsible for
the content of any linked sites. TPG provides these links as a
convenience and does not endorse the companies or contents of
any linked sites. TPG DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT
NOT LIMITED TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY
OF ANY CONTENT OF A LINKED SITE.
- Copyright. ALL CONTENTS ON THIS WEB SITE ARE
PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED
HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE
REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT THE PRIOR
WRITTEN PERMISSION OF TPG. VISITORS OR USERS ARE NOT PERMITTED
TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, TRANSFER, ALTER OR
CREATE DERIVATIVE WORKS OF ANY MATERIAL, DOCUMENTATION OR
DEMONSTRATIONS THAT EXISTS ON THIS WEB SITE FOR ANY PURPOSE
WHATSOEVER.
- Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR
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RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY
WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR PRODUCT DESCRIBED ON THIS SITE.
B. THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TRADE
USAGE OR COURSE OF DEALING.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF THIS SITE OR THE CONTENT THEREIN,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION.
D. IN NO EVENT WILL TPG, OR ANY OF ITS EMPLOYEES,
CONSULTANTS, DIRECTORS, AGENTS, PARTNERS OR AFFILIATES
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR
THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL
THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS
OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND
CONTENT ON THE SITE.
- Indemnification. You agree to defend, indemnify and
hold harmless TPG and its affiliates and their respective
directors, officers, employees and agents from and against any
and all claims, actions, demands, damages, costs, liabilities,
losses and expenses (including reasonable attorneys' fees)
arising out of your use of this Web Site.
- Trademarks. The Parker Group is a trademark and
service mark of The Parker Group, Inc. All other marks that
appear throughout the website belong to TPG or the respective
owners of such marks, and are protected by U.S. and
international copyright and trademark laws. Any use,
publication or copy of any of the marks appearing throughout
the website without the express written consent of TPG or the
owner of the mark, as appropriate, is strictly prohibited.
- Viruses. TPG also assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may
infect, your computer equipment or other property on account
of your access to, use of, or browsing in the site or your
downloading of any materials, data, source code, text, images,
video, or audio from the site.
- Miscellaneous. These terms of use constitute the
entire agreement of the parties with respect to the subject
matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject
matter. These terms of use shall be construed in accordance
with the laws of the State of California, without regard to
its conflict of laws rules. You hereby consent to the personal
jurisdiction of the State of California, acknowledge that
venue is proper in State court in Sacramento County or Federal
court in the Northern District of California, agree that any
action related to these terms of use must be brought in said
state or federal court in the State of California, and waive
any objection that may exist, now or in the future, with
respect to any of the foregoing. No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be
given any legal import.
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