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Caution Regarding Forward-Looking Statements
In accordance with the Private Securities Litigation Reform Act of 1995, the Company notes that this website contains statements that look forward in time, which include everything other than historical information. Forward-looking statements are based on current expectations at the time the statement was prepared and are subject to risks and uncertainties that may cause actual results to differ materially from those indicated by the forward-looking statements. Examples of forward-looking statements include, but are not limited to: (i) statements of the plans and objectives of the Company or its management or board of directors, including the introduction of new products or predictions of actions by customers, suppliers or competitors; (ii) statements of assumptions underlying other statements about the Company and its business. Terms of Access
Use of this website implies understanding of and agreement to the following provisions. Group4 Labs may change these terms at any time by posting changes to this website. We encourage visitors to this website to review these terms from time to time for possible changes. By using the website following any modifications to these terms, you agree to be bound by such modifications. We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the website, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the website or restrict your access to part, or all, of the website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. As used below, the "Company" refers to Group4 Labs, LLC. and its affiliates.
Copyright
This website is Copyright © Group4 Labs, LLC 2005-2006. All rights reserved. You may download, display and print material on this website for your personal, non-commercial use provided that you keep intact all proprietary rights notices. Any other copying, distribution, re-transmission or publication of any material posted on this website is strictly prohibited without the express written consent of the Company. As between you and the Company, the Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the website, and is the copyright owner or licensee of the Company Content and/or information on the website.
Trademarks
Certain trademarks included in this website and registered or common law trademarks of Group4 Labs, LLC in the United States and/or other countries. Other trademarks, product and company names mentioned in this website are the property of their respective owners. Without the Company's prior written permission, you agree not to display or use the Company's marks in any manner.
Links
This website contains links to other websites over which the Company has no control, and are independent of the Company even though they may contain Company logos or icons. The inclusion of any link does not imply endorsement by the Company of the website or the website's contents or owner, and the Company does not accept any responsibility for the content, or the use, of such websites. It is your sole responsibility to comply with the appropriate terms of service of the linked websites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked websites and any content contained thereon. In no event shall the Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked websites or the information or material accessed through these linked websites. The Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked websites from the website and/or introduce different features or links to different users.
Export of Information
The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this website may be downloaded or otherwise exported in violation of United States law.
Access to Password Protected/Secure Areas
Access to and use of password protected or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution. In order to use certain parts of the website, we require that you register. In registering, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form(s) and (ii) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the website (or any part thereof) by you. During the registration process, you will designate a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Submitted Information
The Company maintains a Privacy Policy that is intended to protect personal information about visitors to this website. The Company does not wish to receive through this website other types of business or technical information that you may consider confidential or proprietary, such as new product or service ideas or information about your own business plans. You agree and acknowledge that any and all communications and/or information transmitted by you to the website will not be treated as confidential or proprietary, subject to our Privacy Policy. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) we obtain your permission to use your name; or (ii) we are required to do so by law.
User Conduct
Certain areas of the website allow registered users to upload, post, email, distribute, publish or otherwise transmit Content. You, understand and expressly agree that the Company assumes no responsibility or liability for any Content that you upload, post, email, distribute, publish or otherwise transmit and that you are solely and entirely responsible for any such Content.
You agree to comply with all treaties, laws, rules and regulations applicable to your use of the website. You agree that while using the website you will not:
- upload, post, email, distribute, publish or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, distribute, publish or otherwise transmit through the website any materials that are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as specifically permitted herein or without first obtaining permission from us and the owner or such rights,
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the website;
- upload, post, email, distribute, publish or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, distribute, publish or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, distribute, publish or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, distribute, publish or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
- "stalk" or otherwise harass another person;
- restrict or inhibit any other user from using and enjoying the website,
- engage in conduct or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- upload, post, email, distribute, publish or otherwise transmit any Content that contains advertising of any kind, or false or misleading indications of origin or statements of fact;
- upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information or other material);
- engage in spoofing or flooding;
- harvest, collect or store information about the users of this website or the Content posted by others on this website;
- upload, sell, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under U.S. copyright laws; or
- attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to the website.
We have no obligation to monitor the website. You acknowledge and agree, however, that we do retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect ourselves and/or our users. We reserve the right to refuse to post or to remove any information or materials from any portion of the website, in whole or in part, that, we determine in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these terms.
By posting Content or using any communications service, message/bulletin board, chat room, music or software library, or other interactive service that may be available to you on or through this website, you warrant and represent that (i) you are the sole owner of such Content or have been granted all rights necessary to post such Content by the owner, and (ii) that you have the right to post such Content.
You understand that the technical processing and transmission of the website, including without limitation Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. The Company assumes no responsibility for the transmission, deletion or failure to store postings or other information submitted by you or other users to the Company.
Any or all postings on the website may be purged periodically in the Company's sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness or usefulness of such Content. You acknowledge that you will not rely in any way on any Content created by, submitted to or obtained from the Company. You further acknowledge and agree that the views expressed by you and other users of the website do not necessarily reflect the views of the Company, and the Company does not support or endorse any Content or other information posted by you or any user. We assume no liability for the Content posted by users or for any damages arising therefrom.
User's Grant of Limited License
By submitting or sending Content, information, feedback, suggestions or other material to the Company, you grant the Company a fully paid, royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive and fully sublicensable right and license to use, develop, market, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content, information, feedback, suggestions or other material (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. In operating this website, the Company may seek Content that originates with you and other users. Notwithstanding the foregoing, the Company does not solicit nor does it wish to receive any confidential, secret or proprietary information from you through the website, the Company's mail and email addresses or in any other way. Any Content, information, feedback, suggestions or other material submitted or sent to the Company will be deemed not to be confidential or secret. By submitting or sending Content, information, feedback, suggestions or other material to the Company you represent and warrant that the material is original to you and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the website, may be used by us in any manner. You also warrant and agree that any "moral rights" in Content posted by you have been waived.
User Responsibility to Protect against Viruses
The Company has no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. However, it is your responsibility to take precautions to ensure that whatever you may download from this website is free of such items as viruses and other items of a destructive nature.
Failure to Comply With Terms and Termination
The Company, in its sole discretion, may terminate your access to and/or use of the website for any reason without prior notice. You acknowledge and agree that the Company may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the website. The Company will not be liable to you or any third-party for any termination of your access to the website. You acknowledge and agree that we may deny you access to all or part of the website without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these terms, violate the rights of the Company or are otherwise inappropriate for continued access.
Indemnity
You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from or related to your use of the website, your violation of these terms or the posting or transmission of any Content, message, information, software or other materials on or through the website by you, including, but not limited to, any third party claim that the Content (or any part thereof) you uploaded or posted infringes any copyright, trademark, trade name or patent right of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF THE COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Governing Law and Jurisdiction
This website is controlled by the Company from its offices in California, in the United States of America. All matters relating to access to, or use of, this website shall be governed by the laws of the States of California, California and the United States. Any legal action or proceeding relating to access to, or use of, this website or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts for Menlo Park, California. You and the Company agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. |
