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ReliaTrust Technologies, Inc. (ReliaTrust) provides
this Web site (http://www.reliatrust.com) to you
subject to the terms and conditions set forth below,
as well as the terms of our Privacy Policy. Your
use of this Web site indicates and constitutes your
acceptance of these terms and conditions and of
our Privacy Policy. If you do not accept these terms
and conditions and the terms of our Privacy Policy,
you may not access or use this Web site. We retain
the right to modify these terms and conditions at
any time by posting new terms and conditions on
this page.
Copyright and Trademark
This Web site contains text, data, software,
graphics, and other information and material that
are protected by state, national and international
law pertaining to copyrights, trademarks, trade
secrets, and other proprietary rights. Unless
indicated otherwise, all of this content is the
property of ReliaTrust or its licensors, who reserve
all of their respective rights. In particular,
ReliaTrust reserves all rights to display, select,
coordinate, arrange, enhance, modify, remove,
alter, copy, create derivative works from, transmit
and distribute and commercially exploit the content
of this Web site, whether in whole or in part,
subject to the rights of its licensors.
ReliaTrust, the ReliaTrust logo, TrustGuard,
ReliaWorks, ReliaSecure, GovTrust, ReliaFusion
and WirelessTrust are trademarks of ReliaTrust
Technologies, Inc. All rights reserved. All other
company names, product names, and logos appearing
on this Web site are the property of their respective
owners. You must obtain permission from those
owners before copying or using their product names,
company names, or logos.
Permission to Use This Web Site
Many portions of this Web site are available
for public viewing and use. Subject to the terms
and conditions set forth on this page, the terms
and conditions of any license or other agreement
pursuant to which you use our products, and the
requirements and limitations of applicable law,
ReliaTrust grants you permission to do the following:
(i) view and use for intended purposes those portions
of this Web site to which we have granted you
access; (ii) make one complete, unaltered electronic
copy and/or one complete, unaltered paper copy
of any page on this Web site to which we have
granted you access, provided you retain all copyright,
trademark, and other proprietary rights notices
and provided you do not copy or distribute the
copy or copies and that you use the copy or copies
only for personal, non-commercial purposes; and
(iii) obtain our products subject to payment of
all applicable charges and agreement to the terms
and conditions of any license or other agreement
associated with those products. Any other use
of this Web site or its contents is prohibited
without first obtaining written permission from
ReliaTrust.
Submissions to This Web Site
This Web site contains various means for you
to communicate with us and/or with other users
of this Web site. Please do not send confidential
or proprietary information, materials, or other
content to us unless you are certain that ReliaTrust
has entered into a separate, written agreement
with you regarding confidentiality of disclosures
you make to us. Unless ReliaTrust has entered
into a separate, written agreement with you that
explicitly provides otherwise, you agree that
ReliaTrust is free to disclose and/or use all
such information, materials, or other content,
including any ideas, concepts, know-how, and techniques
embodied in it, for any purpose whatsoever, including
but not limited to creating, manufacturing, and/or
marketing its products.
Third-Party Content and Links to Third-Party
Sites
ReliaTrust is not responsible for any opinions,
advice, or statements made by third parties.
Many of the links on this Web site allow you
to leave this Web site. ReliaTrust is not responsible
for linked sites operated by third parties. Unless
explicitly stated otherwise, links to others'
Web sites are not endorsements by ReliaTrust of
owners or operators of the linked Web sites or
of any content, products, or services available
on those Web sites.
No Warranties
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO
YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. RELIATRUST, AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES,
BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT
PROVIDERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY,
"AFFILIATES"), MAKE NO REPRESENTATIONS
ABOUT ACCESS TO OR USE OF THIS WEB SITE OR ITS
CONTENTS, AND RELIATRUST AND ITS AFFILIATES DISCLAIM
ALL EXPLICIT AND IMPLIED WARRANTIES REGARDING
THIS WEB SITE AND ITS CONTENTS, INCLUDING, FOR
EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. By way of example and
not limitation, neither ReliaTrust nor its affiliates
represent or warrant that use of this Web site
will be uninterrupted or error-free; nor do they
make any representations or warranties regarding
(i) the results that may be obtained from use
of this Web site; (ii) the accuracy, completeness,
reliability, currency, or future availability
of any information on this Web site; (iii) the
availability, quality, or performance of any products
or services distributed on or provided through
this Web site (except as may be set forth in any
license or other agreement related to those products
or services); or (iv) the results that may be
obtained from use of any third-party Web sites
that are linked to this Web site, or the content,
products, or services available on those third-party
Web sites.
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN
LICENSE OR OTHER AGREEMENT BETWEEN YOU AND RELIATRUST,
NEITHER RELIATRUST NOR ANY OF ITS AFFILIATES WILL
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER LOSSES
OR DAMAGES ARISING OUT OF OR RELATED TO USE OF
THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED
ON OR PROVIDED THROUGH IT, WHETHER AS A RESULT
OF ERRORS, OMISSIONS, DELETION OF DATA, FILES
OR MESSAGES, DEFECTS, VIRUSES, INTERRUPTIONS OR
DELAYS IN OPERATION OR TRANSMISSION, OR OTHER
CAUSES. THIS LIMITATION OF LIABILITY ALSO APPLIES
TO ANY CLAIMS OR CONTROVERSIES ARISING UNDER OUR
PRIVACY POLICY. THIS LIMITATION OF LIABILITY WILL
APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH
RELIEF IS SOUGHT AND EVEN IF RELIATRUST AND/OR
ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY
OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. TO
THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY
ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN
ANY JURISDICTION, IN WHOLE OR IN PART, FOR ANY
REASON, RELIATRUST'S AGGREGATE LIABILITY UPON
ANY AND ALL CAUSES OF ACTION (INCLUDING NEGLIGENCE)
ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE
OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR
PROVIDED THROUGH IT WILL BE LIMITED IN SUCH JURISDICTION(S)
TO THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED
OR ONE HUNDRED DOLLARS ($100).
Indemnification
You hereby agree to indemnify and hold harmless
ReliaTrust and its affiliates from and against
any and all claims, charges, demands, damages,
liabilities, losses, and expenses of whatever
nature and howsoever arising (including, but not
limited to, any legal or other professional fees
and the costs of defending or prosecuting any
claim and any loss of profit, goodwill, and any
other direct or consequential loss) incurred or
suffered by ReliaTrust and its affiliates, directly
or indirectly, by reason of any act or omission
that you commit in breach of these terms and conditions
(including, but not limited to, your obligations
contained herein) and any other terms and conditions
or policies set forth elsewhere in this Web site.
Export Restrictions
This Web site is controlled and operated by ReliaTrust
from its offices within the United States. ReliaTrust
makes no representation that the products, services,
and other materials available through this Web
site are appropriate or available for use in other
countries, and access to them from countries where
their contents or use is illegal is prohibited.
Those who choose to access this Web site or any
products available through it from other countries
are responsible for compliance with applicable
local laws. You may not export or re-export any
product available through this Web site except
in full compliance with all United States laws
and regulations. In particular, no product available
through this Web site may be exported or re-exported
into (or to a national or resident of) any country
to which the United States embargoes goods, or
to anyone on the United States Treasury Department's
Table of Denial Orders. You are responsible for
complying with any local laws in your country
regarding import and export of products available
through this Web site.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page
apply generally to your access to and use of this
Web site and our products and services. Some of
these terms and conditions may be modified or
superseded by expressly designated legal notices
located on other pages of this Web site or by
the terms and conditions of the licenses or other
agreements pursuant to which you obtain products
or services from ReliaTrust. A specific provision
in any of those notices, licenses, or agreements
that addresses the same subject matter as a provision
on this page overrides the provision on this page.
No delay or failure to take any action or exercise
any right that ReliaTrust may take or exercise
pursuant to these terms and conditions, our Privacy
Policy, or applicable law will constitute a waiver
of that action or right by ReliaTrust.
Except with respect to intellectual property
rights, including the right of a party to apply
to a court of competent jurisdiction for a temporary
restraining order, preliminary injunction, or
other equitable relief to preserve the status
quo or prevent irreparable harm, any controversy
or claim (collectively, "claims") arising
out of or relating to use of this Web site or
any products provided through it, including any
claims arising under or related to our Privacy
Policy, that cannot be resolved through negotiation
will be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration
Association then in effect. All arbitration proceedings
will occur in English and will be held in Virginia.
Judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction
thereof. Any litigation related to intellectual
property rights, the parties' obligation to arbitrate,
or the conduct or results of any arbitration proceeding
will be brought in the United States District
Court or the Virginia Superior Court (or equivalent)
for the division in which ReliaTrust's principal
offices are then located, and you hereby submit
to the personal jurisdiction of these courts and
waive all objections to placing venue before them.
Pending the award of the arbitrator(s), each party
will bear its own costs and expenses and an equal
share of the administrative fees of arbitration
and the fees payable to the arbitrator(s). The
prevailing party in any arbitration proceeding
or litigation hereunder will be entitled, in addition
to any other relief granted to it, to recover
its reasonable attorneys' fees and costs incurred
in connection with the arbitration and/or litigation,
including its share of any fees paid pending the
award of the arbitrator(s).
The terms and conditions contained on this page,
as well as our Privacy Policy, will be governed
by and interpreted in accordance with the laws
of the State of Virginia. If any of the provisions
on this page or in those policies are determined
to be invalid or unenforceable, then each invalid
or unenforceable provision will be deemed superseded
by a valid, enforceable provision that matches
the intent of the original provision as closely
as possible, and the remaining provisions will
continue in effect.
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