This web site is provided by Symmedian Technologies, Inc. (referred to as “Symmedian Technologies,” “we”, “us” or “company”). By accessing the web site, printing or downloading materials from this web site, or otherwise using this site or any related web pages (collectively referred to as “Site”) in any manner, you (“you”, “your” or “user”) agree that you have read and agree to these terms of use that are posted on the Site.

These Terms of Use may change. The Company reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to be bound by the modified Terms of Use. We encourage you to review these Terms of Use prior to your use of the Site.

Only a portion of the Site is available to visitors of the Site. Any services offered or proprietary information accessible via the Site is only accessible to registered users and customers of the Symmedian. In order to become a registered user or customer, you must submit certain requested information and agree to additional terms and conditions made available through the registration process.

INTELLECTUAL PROPERTY RIGHTS NOTICE

Except for the content that you submit to the Site, all of the content you see and hear on the Site, including, for example, all images, logos, illustrations, graphics, audio clips and text, and any software or applications made available via the site, represents valuable proprietary and intellectual property of the Company its licensors or other users. Such content, information, applications and software are protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content, information, applications or software. Any attempt to download, print, publish or maintain a significant portion of the content, information, applications or software from the Site in violation of these terms of use or any applicable license, to distribute copies of such content, information, applications or software, or to otherwise exploit the content, information, applications or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms of Use. Applications and software made available for download are subject to license terms and conditions made available for viewing prior to download.

— USE OF THE SITE

  • You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, You agree that you will not:
  • Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
  • Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); or
  • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

YOU AGREE TO:

  • Comply with all notices, instructions and rules posted on the Site; and
  • Implement all Internet access and all security procedures required to use the Site at the sole expense of You.

RESPONSIBILITIES OF REGISTERED — USERS

From time to time, we may make certain content available for registered users. As a registered user, you will have login information, including user names and passwords to access certain functionality of the Site. You will not allow others to use the login information. You will notify us of any breach in secrecy of your login information. You agree to immediately notify Company by e-mail to bob@symmedian.net any potential breaches of secrecy of the login information and of the departure of any employee with access to the login information. You agree not to link, “frame” or “mirror” any content or information contained on or accessible from the Site through use of your login information without the prior written approval of the Company or its licensors, as may be appropriate.

THIRD PARTY CONTENT AND LINKS

From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.

CONFIDENTIAL INFORMATION

If you download certain content, information, applications or software from the Site, it may contain confidential information of Symmedian Technologies. You agree to keep Symmedian Technologies’ information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Symmedian Technologies’ information to any third party or use Symmedian Technologies’ information for any purpose whatsoever other than as expressly authorized by these Terms of Use. Your obligations with respect to Symmedian Technologies’ information deemed “trade secret” under applicable law shall remain in effect for as long as Symmedian Technologies’ information remains a trade secret. Your obligations with respect to Symmedian Technologies’ information that is not deemed to be a trade secret shall remain in effect for a period of three (3) years following your receipt of Symmedian Technologies’ information. Your obligations set forth under this Section shall survive termination of any customer agreement or license agreement.

INDEMNITY

You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site of any content, information or software by you or any of your employees, contractors or agents.

DISCLAIMERS

THIS SITE AND ALL INFORMATION PROVIDED VIA THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATIONS

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE — USE OF OR INABILITY TO — USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.

MISCELLANEOUS

In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Georgia, United States of America. All disputes relating to this Agreement will be solely and finally settled by arbitration conducted pursuant to the Commercial Rules of the American Arbitration Association in Atlanta,Georgia. Judgment on the arbitral award is final and binding and may be entered in any court of competent jurisdiction. The foregoing does not apply to the extent Symmedian Technologies, Inc. wishes to seek equitable relief.