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For
Use of ServiceDirector® Online Services
Acceptance of Terms
c3d, LLC ("c3d") makes this Web site (the "Site"),
including all information, documents, communications, files, text, graphics,
software and products available through the Site (collectively, the "Materials")
and all services operated by c3d and third parties through the Site (collectively,
the "Services") including ServiceDirecto version 1 forums (SD1
forum), available for your use subject to the terms and conditions set
forth in this document and any changes to this document that c3d may publish
from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including
and without limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Site, you agree to and are bound by
the Terms of Use.
c3d reserves the right to change the Terms of Use and
other guidelines or rules posted on the Site from time to time at its
sole discretion, and will provide notice of material changes on the home
page of the Site. Your continued use of the Site, or any Materials or
Services accessible through it, after such notice has been posted constitutes
your acceptance of the changes. Your use of the Site will be subject to
the most current version of the Terms of Use, rules, and guidelines posted
on the Site at the time of such use. You should periodically check the
"Terms of Use" link on the Site's home page to view the then-current
terms. If you breach any of the Terms of Use, your authorization to use
this Site automatically terminates, and any Materials downloaded or printed
from the Site in violation of the Terms of Use must be immediately destroyed.
Defined Terms
One of the Services offered through this Site is a collaboration and file-sharing
service known as SD1 Forum. Information, materials, files, communications,
and documents that are posted by users in conjunction with the SD1 Forum
service are referred to collectively as the "Forum." The group
of persons among which the collaboration and file sharing takes place
is referred to herein as the "Work Group." All other user-supplied
information, materials, files, communications and documents, excluding
the Design Content, are referred to collectively as "User Content."
"c3d Content"
means all Materials provided by c3d.
SD1 Forum Content, User Content, and c3d
Content may have different restrictions and conditions associated with
them.
Types of Users
Please be aware that certain activities on this Site, such as Forums,
are available only to persons who are covered under a paid or trial subscription
agreement with c3d ("Subscribers") and persons invited by Subscribers
to participate in such activities.
Intellectual Property; Limited License to Users
The Materials and Services on this Site, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials
or Services at this Site may violate such laws and the Terms of Use. Except
as expressly provided herein, c3d and its suppliers do not grant any express
or implied rights to use the Materials and Services. You agree not to
copy, republish, frame, download, transmit, modify, rent, lease, loan,
sell, assign, distribute, license, sublicense, reverse engineer, or create
derivative works based on the Site, its Materials, or its Services or
their selection and arrangement, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
Use of Services. When using Services
on this Site that are offered by c3d, you shall be subject to any posted
guidelines, rules, or licenses applicable to such Services and to the
Terms of Use. Such guidelines, rules, or licenses may contain terms and
conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by c3d,
this Site also makes available materials, information, and services provided
by third parties (collectively, the "Third-Party Services").
The Third-Party Services are governed by separate license agreements that
accompany such services. c3d offers no guarantees and assumes no responsibility
or liability of any type with respect to the Third-Party Services, including
any liability resulting from incompatibility between the Third-Party Services
and the Materials and Services offered by c3d. You agree that you will
not hold c3d responsible or liable with respect to the Third-Party Services
or seek to do so.
Use of software. The software and accompanying
documentation that is made available to download from this Site is the
copyrighted and/or patented work of c3d and/or its suppliers. Use of the
software is governed by the terms of the license agreement that accompanies
or is included with such software. You will not be able to download or
install any software that is accompanied by or includes a license agreement
unless you agree to the terms of such license agreement. If you do not
agree to such terms, you will not be able to use the software. Absent
a license agreement that accompanies the software, use of the software
will be governed by the Terms of Use. You agree that you will not decompile,
reverse engineer, or otherwise attempt to discover the source code of
the software available on the Site.
Use of c3d Content and User Content.
Except as indicated to the contrary elsewhere on this Site, you may view,
download, and print the c3d Content and User Content available on this
Site subject to the following conditions:
1. The c3d Content and User Content may be used solely
for personal, informational, and internal purposes.
2. The c3d
Content and User Content may not be modified or altered in any way.
3. The c3d
Content and User Content on the Site may not be distributed or sold, rented,
leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained
in the c3d
Content and User Content.
5. c3d
reserves the right to revoke the authorization to view, download, and
print the c3d
Content and User Content available on this Site at any time, and any such
use shall be discontinued immediately upon notice from c3d.
6. The rights granted to you constitute a license and not a transfer of
title.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed
on this Site are the property of c3d
or other third parties. You are not permitted to use the Marks without
the prior written consent of c3d
or such third party that may own the Marks. ServiceDirector and the ServiceDirector
logo are trademarks of c3d, LLC.
License to c3d for User Content
Certain Services offered through this Site accommodate or require User
Content. Depending upon the nature of the Service, by submitting User
Content to this Site, you grant c3d
one of the following type of license:
1. For User Content such as comments to the c3d
User to User Forums, bug reports, piracy reports, or product suggestions,
you grant c3d
and the users of this Site an unrestricted, worldwide, irrevocable license
to use, reproduce, display, perform, modify, transmit, and distribute
such User Content, and you also agree that c3d
is free to use any ideas, concepts, know-how, or techniques that you send
us for any purpose without any compensation to you. However, we will not
release your name or otherwise publicize the fact that you submitted such
User Content to us unless: (a) you grant us permission to do so; (b) we
first notify you that the User Content you submit to a particular part
of the Site will be published or otherwise used with your name on it;
(c) we have a good faith belief that we are required to do so by law and/or
in response to a subpoena or court order; or (d) we believe it necessary
in order to protect the rights of c3d
or others.
Prohibited Communications
You may submit only User Content to the Site that is (a) owned by you,
(b) submitted with the express permission of the owner or within the scope
of the license to such content, or (c) in the public domain. You are prohibited
from posting or transmitting to or from this Site any unlawful, threatening,
harassing, libelous, offensive, defamatory, obscene, or pornographic materials,
or other materials that would violate any law or the rights of others,
including and without limitation, laws against copyright infringement,
and rights of privacy and publicity. Violation of these restrictions may
result in denial of or limitations on access by you to this Site.
User Conduct
In using the Site, including all Services and Materials available through
it, you agree:
-
not to disrupt or interfere with any other user's enjoyment of the Site
or affiliated or linked sites;
- not
to upload, post, or otherwise transmit through the Site any viruses
or other harmful, disruptive, or destructive files;
- not
to create a false identity;
- not
to use or attempt to use another's account, password, service, or system
without authorization from c3d;
- not
to access or attempt to access any Design Content which you are not
authorized to access;
- not
to disrupt or interfere with the security of, or otherwise cause harm
to, the Site, or any Services, Materials, system resources, accounts,
passwords, servers, or networks connected to or accessible through the
Site or any affiliated or linked sites.
Managing Content
and Communications
Although it is not our intention to do so, c3d
reserves the right, in its sole discretion, to delete or remove User Content
from the Site and to restrict, suspend, or terminate your access to all
or part of this Site, at any time if we have cause to do so (including,
without limitation, our good faith belief that you have violated the Terms
of Use) without prior notice or liability. In addition, c3d
reserves the right to delete or remove Design Content if the relevant
subscription has expired or lapsed or if c3d
has a good faith belief that the user posting such Design Content has
violated these Terms of Use, or any law or regulation, or that such deletion
or removal is necessary to comply with the law or to protect the rights
of c3d
or others.
c3d
may, but is not obligated to, monitor or review (i) any areas on the Site
where users transmit or post User Content, including but not limited to
areas where Services are available, or chat rooms, bulletin boards, or
other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, c3d
will have no liability related to User Content or Design Content arising
under the laws of copyright, libel, privacy, obscenity, or otherwise.
c3d
also disclaims all liability with respect to the misuse, loss, modification,
or unavailability of any User Content or Design Content.
Use and Protection of Account Number and Password
You are responsible for maintaining the confidentiality of your account
number, account name, and/or password, if applicable. You are responsible
for damages resulting from all uses of your account number, account name,
and/or password, whether actually or expressly authorized by you, unless
access to your account number, account name, and/or password was obtained
through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND c3d OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS
OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH
THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, c3d
MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS
IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES,
OR TYPOGRAPHICAL ERRORS. c3d MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND c3d MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) c3d DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT
LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS
ON THE SITE; (ii) c3d MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER
ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii)
ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK;
AND (iv) c3d SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE
OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM
SUCH ACTIVITIES. c3d ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR
OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE
SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE
SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM c3d OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International Users
This Site can be accessed from countries around the world and may contain
references to c3d
products, services, and programs that are not available in your country.
These references do not imply that c3d
intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by
c3d
from its offices within the United States of America. c3d
makes no representation that the Site, or the Services or Materials available
through it, are appropriate or available for use at other locations outside
the United States, and access to the Site from territories where the Site
or any of its Services or Materials are illegal is prohibited. If you
access the Site from a location outside the United States, you are responsible
for compliance with all local laws. See the section on export control
laws, below, for further information.
Personal Information and Privacy
To learn about how c3d
protects your personal information, such as your name and address, refer
to the c3d Online
Privacy Policy. Except as set forth in the Privacy Policy or in the Terms
of Use, your personal information will be deemed to be confidential. With
the exception of Design Content and certain types of User Content, any
non-personal information or material sent to c3d will generally be deemed
to NOT be confidential. You understand and agree that we may disclose
information about you if we have a good faith belief that we are required
to do so by law or legal process, to respond to claims, or to protect
the rights, property, or safety of c3d or others, or as stated in our
Privacy Policy. Please be aware that your browser must be enabled to accept
cookies in order for you to use the SDv1 Forum service or to purchase
online.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL c3d, ITS
SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS,
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, WHETHER OR NOT c3d
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY
TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS
OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR
OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT
SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER
CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED,
OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
c3d
User to User Forums
In addition to these Terms of Use, users of the c3d
User to User Forums must agree to a separate legal agreement located within
the Forums registration area of the Site. Your access to the User to User
Forums will be denied for violation of either the Terms of Use or the
agreement located within the Forums registration area of the Site. In
particular, you should be familiar with the Section titled "PROHIBITED
COMMUNICATIONS" in that agreement and conduct your activities accordingly.
Export Control Laws; Notice to U.S. Government
Users
The export and re-export of c3d
software products are controlled by the United States Export Administration
Regulations, and such software may not be exported or re-exported to Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which
the United States embargoes goods. In addition, c3d
software may not be distributed to persons on the Table of Denial Orders,
the Entity List, or the List of Specially Designated Nationals.
By downloading a c3d
software product you are certifying that you are not a national of Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which
the United States embargoes goods, and that you are not a person on the
Table of Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
All c3d
products and publications are commercial in nature. The software and documentation
available on this Site are "Commercial Items," as that term
is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation,"
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are licensed to U.S. Government
end users (A) only as Commercial Items and (B) with only those rights
as are granted to all other end users pursuant to the terms and conditions
herein.
Indemnity and Liability
You agree to indemnify and hold c3d,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of content you submit, post to, or transmit through the Site (including,
without limitation, any User Content, Design Content or computer viruses),
your use of the Site, your connection to the Site, your violation of the
Terms of Use, the actions of any member of your Work Group (solely if
you are a Subscriber to the SDv1 Forum service), or your violation of
any rights of another person or entity.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by c3d
from its office within the state of Georgia, United States of America.
By accessing this Site, you and c3d
agree that all matters relating to your access to, or use of, this Site
shall be governed by the statutes and laws of the State of Georgia, without
regard to the conflicts of laws principles thereof.
Language
It is the express wish of the parties that the Terms of Use and all related
documents have been drawn up in English. C'est la volonté expresse
des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between c3d
and you with respect to your use of the Site. If for any reason a court
of competent jurisdiction finds any provision of the Terms of Use, or
portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the parties
as reflected by that provision, and the remainder of the Terms of Use
shall continue in full force and effect. Any failure by c3d
to enforce or exercise any provision of the Terms of Use or related right
shall not constitute a waiver of that right or provision. The section
titles used in the Terms of Use are purely for convenience and carry with
them no legal or contractual effect.
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