Terms Of Use
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Terms Of Use

Broadleaf (USA), Inc. Terms Of Use
April, 2008

Your Agreement

This website is owned and operated by Broadleaf (USA), Inc. ("Broadleaf") and is made available to you for informational purposes. By accessing or using this Site, you agree to these Terms of Use and to our Privacy Policy. If you do not agree to the Terms of Use and Privacy Policy, you may not use this Site.

Your Use of the Site

Unless otherwise specified, the Site is provided for your personal and noncommercial 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 Site. You may display and electronically copy, download and print hard copy portions of the material contained on the Site for your own noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without the prior written permission of Broadleaf, is prohibited.

Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by Broadleaf or its licensors. When you download these materials, they are provided to you by Broadleaf under a license that is revocable. Broadleaf retains full and complete title to the software and to all of the associated intellectual property rights. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the Site.

Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics or other information that you communicate to Broadleaf through this Site will become the property of Broadleaf, even if this agreement is later terminated. Broadleaf and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials.

Disclaimer

BROADLEAF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BROADLEAF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BROADLEAF DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BROADLEAF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT BROADLEAF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL BROADLEAF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BROADLEAF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Broadleaf, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to your Internet account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Links to Other Sites

This Site may provide access to other World Wide websites. Broadleaf does not control these sites, and you access them solely at your own risk. Broadleaf also does not endorse or approve any products or information offered at sites you reach through this Site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this Broadleaf Site or have moved to another website.

Jurisdiction

Broadleaf controls and operates this Site from the company's headquarters in Los Angeles, California, in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the website or your use of it shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Los Angeles County, California.

Modification of the Website and these Terms of Use

By providing material on this Site, Broadleaf does not promise that the materials will remain available to you. Broadleaf is entitled to terminate all or any portion of this Site at any time, without notice to you. Broadleaf also reserves the right to change the terms, conditions, and notices under which this Site is offered, and your use of the Site following any such changes shall be deemed to constitute your consent to such modified Terms of Use. You agree to regularly review these Terms of Use to verify whether they have been changed.

Termination of this Agreement

This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. Broadleaf may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Broadleaf regarding all aspects of your use of this Site.

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