Terms of Use
Welcome to the ioMosaic Corporation (“ioMosaic”) web
site (“Web Site”). Please read the following terms and conditions
regarding the use of the Web Site. By accessing, downloading or using any
information, documents, software and products (“Materials”) from the Web Site,
you agree to be bound by the terms and conditions (“Terms of Use”) that
follow. If you do not intend to be bound by such Terms of Use, please do
not use the Web Site.
USE OF SITE INFORMATION
You may download, view, copy and print documents and graphics incorporated in
Web Site (the “Documents”) subject to the following: (a) the Documents may be
used solely for personal, informational, non-commercial purposes; (b) the
Documents may not be modified or altered in any way; and (c) any software that
you download from this Web Site is subject to the terms of a software license
agreement, which you must read and accept prior to downloading. You may
not download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit or distribute any information from this Web Site in
whole or in part without the express authorization of ioMosaic. You may
not remove any copyright or other proprietary notices contained in the
Documents. ioMosaic reserves the right to revoke the authorization to
view, download and print the Documents available on this Site at any time, and
any such use shall be discontinued immediately upon written notice from
ioMosaic.
USE OF FORUMS AND PUBLIC COMMUNICATION
"Forum" means a discussion group, chat area, bulletin board, news group, letter
to ioMosaic, its webmaster or employees, or e-mail function offered as part of
the Web Site. You agree not to upload, email, post, publish or otherwise
transmit through a Forum any content that: (a) is false or misleading; (b) is
defamatory; (c) is harassing or invades another's privacy, or promotes bigotry,
racism, hatred or harm against any group or individual; (d) is obscene; (e)
infringes another's rights, including but not limited to intellectual property
rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain
letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only.
You shall not distribute or otherwise publish any content containing a
solicitation of funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit other users of
the Web Site to use or join or become members of any commercial online or
offline service or other organization. Except where expressly authorized by
ioMosaic, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or
otherwise transmitting content to any Forum or submitting any content to
ioMosaic, you automatically grant (or warrant that the owner of such rights has
expressly granted) ioMosaic a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish,
transmit and distribute such content on in any form, medium, or technology now
known or later developed. In addition, you warrant that all so-called moral
rights in the content have been waived.
PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you
are given to access the Web Site, and are fully responsible for all activities
that occur under your password(s). You agree to notify ioMosaic immediately of
any unauthorized use of your password(s).
ioMosaic is concerned about the security of personal
information we have collected from you and has taken & reasonable steps to
prevent unauthorized access to that information.
TRADEMARK NOTICE
The trademarks, logos, and service marks (“Marks”) displayed
on this Web Site are the property of ioMosaic or other third parties. You
are not permitted to use the Marks without the prior written consent of
ioMosaic or such third party which may own the Marks. Trademarks of ioMosaic
include but are not limited to “ioMosaic” and the ioMosaic logo.
MONITORING
ioMosaic, its affiliates and agents are entitled, but not obligated, to review
or retain your communications while you are visiting the Web Site. We may
monitor your communications to evaluate the quality of service you receive, the
security of the service, or for other reasons. You agree that ioMosaic’s
monitoring activities will not entitle you to any cause of action or other
right with respect to the manner in which ioMosaic monitors your
communications. In no event will ioMosaic be liable for any costs, damages,
expenses or any other liabilities incurred by you as a result of ioMosaic’s
monitoring activities.
TERMINATION OF USE
You agree that ioMosaic may, in its sole discretion, at any time terminate your
access to the Web Site and any account(s) you may have in connection with the
Web Site.
LINKS TO OTHER WEB SITES
ioMosaic provides links to other web sites. We do not control the other sites,
and make no representations whatsoever concerning the content of those sites.
The fact that ioMosaic has provided a link to a site is not an endorsement,
authorization, sponsorship, or affiliation with respect to such site, its
owners, or its providers. There are risks in using any information, software,
or products found on the Internet, and ioMosaic cautions you to make sure you
understand these risks before retrieving, using, relying upon, or purchasing
anything via the Internet. You agree that under no circumstances will you hold
ioMosaic liable for any loss or damage caused by use of or reliance on any
content, goods or services available on other sites.
LIMITATION OF LIABILITY
IN NO EVENT SHALL IOMOSAIC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION,
LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY IOMOSAIC
PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE
INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF IOMOSAIC OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER
ioMosaic assumes no responsibility for accuracy, correctness, or content of the
Materials provided on this Web Site. You should not assume that the
Materials on this Web Site are continuously updated or otherwise contain
current information. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED
“AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY
KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
MINORS USE OF WEB SITEMinors are not eligible to use the Web Site, and we ask that
they do not submit any personal information to us.
INDEMNITY
You agree to indemnify, defend and hold ioMosaic harmless from and against any
and all claims, liabilities, damages, losses or expenses (including reasonable
attorney’s fees and costs) arising out of, based on or in connection with your
access and/or use of this Web Site.
GENERAL
These Terms of Use contain the entire agreement between you and ioMosaic and
supercede all prior or contemporaneous communications between the parties
regarding your use of the Web Site. The section headings of these Terms
of Use are for ease of reference only and shall not be admissible in any action
to alter, modify, or interpret the contents of any section. All matters
relating to your access and use of this Web Site shall be governed by the
federal laws of the United States and the laws of the State of New
Hampshire. The federal and state courts within Rockingham County, New
Hampshire, shall have exclusive jurisdiction to adjudicate any dispute arising
out of, or relating to or in any way connected with your access and/or use of
this Web. A finding by a court of competent jurisdiction that a provision of
these Terms of Use is invalid, illegal, or unenforceable shall not affect any
other part of these Terms of Use, and such provision shall be construed by
limiting it to the extent necessary so as to be enforceable or, if such
provision cannot be so limited, then these Terms of Use shall be construed as
if they had never contained such provision. The waiver by ioMosaic of any
provision of these Terms of Use on any occasion and upon any particular
circumstances shall not operate as a waiver of such provision on any other
occasion or upon any other circumstances.
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