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ClearPath Security, LLC
 Terms and Conditions of Use
 Last Updated: January 2006
  
AGREEMENT BETWEEN YOU AND ClearPath Security, LLC

The ClearPath Security, LLC Website is made up of various Web sites and Web pages operated by ClearPath Security, LLC or its affiliates (collectively, the "ClearPath Security, LLC Web Sites"). These Terms and Conditions of Use apply to the ClearPath Security, LLC Web Sites and does not apply to the content of third parties.

The ClearPath Security, LLC Web Site are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ClearPath Security, LLC Web Sites constitutes your agreement to all such terms, conditions, and notices. Additionally, the ClearPath Security, LLC Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the ClearPath Security, LLC Privacy Statement for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular ClearPath Security, LLC Web Site, or any product or service offered on any ClearPath Security, LLC Web Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ClearPath Security, LLC immediately of any unauthorized use of your account or any other breach of security. ClearPath Security, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could also be held liable for losses incurred by ClearPath Security, LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

ClearPath Security, LLC reserves the right to change the terms, conditions, and notices under which the ClearPath Security, LLC Websites/Services are offered, including but not limited to any charges associated with the use of the ClearPath Security, LLC Websites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular Websites. Your continued use of the ClearPath Security, LLC Websites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the ClearPath Security, LLC Websites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ClearPath Security, LLC Websites/Services. Without the advance express written permission of ClearPath Security, LLC, you may not ‘meta-search’ the ClearPath Security, LLC Websites/Services, send, or cause to be sent, any automated queries of any sort to the ClearPath Security, LLC Websites/Services, or use the ClearPath Security, LLC Websites/Services in any commercial manner.

LINKS TO THIRD PARTY SITES

The ClearPath Security, LLC Websites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of ClearPath Security, LLC and ClearPath Security, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ClearPath Security, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ClearPath Security, LLC responsible if the Linked Site is not working appropriately. ClearPath Security, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ClearPath Security, LLC of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the ClearPath Security, LLC Websites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ClearPath Security, LLC shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ClearPath Security, LLC Websites/Services, you will not use the ClearPath Security, LLC Websites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ClearPath Security, LLC Websites/Services in any manner that could damage, disable, overburden, or impair any ClearPath Security, LLC Website/Service(s) (or the network(s) connected to any ClearPath Security, LLC Website/Service(s)) or interfere with any other party's use and enjoyment of any ClearPath Security, LLC Website/Service(s). You may not attempt to gain unauthorized access to any ClearPath Security, LLC Website/Service, other accounts, computer systems or networks connected to any ClearPath Security, LLC Website/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ClearPath Security, LLC Websites/Services.

FORUM AND POSTING RULES

The ClearPath Security, LLC Websites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • 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, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the ClearPath Security, LLC Websites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Use of meta tag searches on the web sites.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you 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 Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an ClearPath Security, LLC Website/Service(s) or other user or usage information or any portion thereof.

ClearPath Security, LLC has no obligation to monitor the Communication Services. However, ClearPath Security, LLC reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. ClearPath Security, LLC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

ClearPath Security, LLC reserves the right at all times to disclose any information as ClearPath Security, LLC deems 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 ClearPath Security, LLC's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. ClearPath Security, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, ClearPath Security, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ClearPath Security, LLC spokespersons, and their views do not necessarily reflect those of ClearPath Security, LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED OR POSTED BY YOU

ClearPath Security, LLC does not claim ownership of the materials you provide (including feedback and suggestions), post, upload, input or submit to any ClearPath Security, LLC Website/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ClearPath Security, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ClearPath Security, LLC Websites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a ClearPath Security, LLC Website/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. ClearPath Security, LLC is under no obligation to post or use any Submission you may provide and ClearPath Security, LLC may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH ClearPath Security, LLC WEBSITES/SERVICES

All content and software that is made available to view and/or download in connection with the ClearPath Security, LLC Websites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of ClearPath Security, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, ClearPath Security, LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular ClearPath Security, LLC Website/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ClearPath Security, LLC WEBSITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ClearPath Security, LLC WEBSITES/SERVICES AND TO THE INFORMATION THEREIN. ClearPath Security, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ClearPath Security, LLC WEBSITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE ClearPath Security, LLCWEBSITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ClearPath Security, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ClearPath Security, LLC SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ClearPath Security, LLC 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, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT ClearPath Security, LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A ClearPath Security, LLC SITE/SERVICE. YOU SPECIFICALLY AGREE THAT ClearPath Security, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ClearPath Security, LLC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A ClearPath Security, LLC SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL ClearPath Security, LLC 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 THE ClearPath Security, LLC SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE ClearPath Security, LLC SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ClearPath Security, LLC SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ClearPath Security, LLC SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ClearPath Security, LLC 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 YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ClearPath Security, LLC SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ClearPath Security, LLC SITES/SERVICES.

WARRANTY

ClearPath Security, LLC MAKES NO WARRANTY THAT ANY ClearPath Security, LLC WEB SITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION

ClearPath Security, LLC reserves the right, in its sole discretion, to terminate your access to this Websites and the related services or any portion thereof at any time, without notice. ClearPath Security, LLC shall have no obligation to maintain any content.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ClearPath Security, LLC as a result of this agreement or use of the ClearPath Security, LLC Websites or Services. You agree to indemnify and hold ClearPath Security, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the ClearPath Security, LLC Websites or Services. ClearPath Security, LLC reserves the right to disclose any personal information about you or your use of the ClearPath Security, LLC Website and Services, including its contents, without your prior permission if ClearPath Security, LLC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ClearPath Security, LLC or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. ClearPath Security, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ClearPath Security, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ClearPath Security, LLC Website/Services or information provided to or gathered by ClearPath Security, LLC 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ClearPath Security, LLC with respect to the ClearPath Security, LLC Websites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ClearPath Security, LLC with respect to the ClearPath Security, LLC Websites/Services. A printed version of this agreement and of any notice given in electronic form shall 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.

JURISDICTION

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Florida, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the State of Florida, U.S.A. in all disputes arising out of or relating to the use of the ClearPath Security, LLC Websites/Services.

NO PROFESSIONAL ADVICE

The information appearing on the ClearPath Security, LLC Web site is intended solely as general guidance on financing processes, and does not constitute legal, tax, accounting or other professional advice.

ACCURACY OF INFORMATION AND CALCULATIONS

Information appearing on the ClearPath Security, LLC Web site, including the results produced by the Financial Tools are believed to be accurate, but neither ClearPath Security, LLC nor its suppliers do warrant or guarantee such accuracy. Mortgage interest rates, loan terms, tax rates and other information are subject to change. You should independently verify all relevant information and calculations prior to making any decisions based on such information. ClearPath Security, LLC may change, update or correct all or any portion of the Website and the information and calculations contained therein at any time without notice to you.

CONSUMER REPRESENTATIONS AND WARRANTS

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate; (3) you agree to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. ClearPath Security, LLC may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable products and/or services.

HOLD HARMLESS AND INDEMNIFICATION

You agree to defend, indemnify and hold ClearPath Security, LLC, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the ClearPath Security, LLC Website/Services in a manner that violates or is alleged to violate these conditions.

BY ENTERING THE SITE YOU HEREBY EXPRESSLY AGREE THAT ClearPath Security, LLC, AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH ClearPath Security, LLC. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF ClearPath Security, LLC.

CONSENT TO RECEIVE ALL INFORMATION IN ELECTRONIC FORM

YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM ClearPath Security, LLC, SOLELY BY ELECTRONIC COMMUNICATION.

COPYRIGHT AND TRADEMARK NOTICES:

COPYRIGHT: All contents of this Website is Copyright (c) 2002-2004 ClearPath Security, LLC and/or its suppliers. All rights reserved.

TRADEMARKS: The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

EXAMPLES: The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.

©2004 ClearPath Security, LLC. All rights reserved.

 

 

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