Acceptance of these Terms of Use

This Positive Networks website and all of its information (the "Website") are provided to you under these "Terms of Use" and any amendments to these Terms of Use that may be posted by Positive Networks from time to time (collectively, the "Terms of Use"). BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE AND/OR ANY RELATED WEBSITES PROVIDED BY POSITIVE NETWORKS, YOU AGREE TO BE BOUND BY THE TERMS OF USE. With respect to the use and contents of this Website, the Terms of Use constitute the entire agreement between you and Positive Networks and supercede any prior Terms of Use between you and Positive Networks.

Privacy

Positive Networks is committed to protecting your privacy. The information that we obtain through your use of the site, services, or any registration process or otherwise, is subject to our Privacy Policy.

Client Software Downloads

The use of Positive Networks client software downloaded from this Website is subject to the terms and conditions of its associated end-user license agreement. If authorized, you may download one copy of the Positive Networks client software to a single computer for personal use only, unless specifically licensed to do otherwise by Positive Networks in writing or as allowed by any separately negotiated license terms. 

Modification of these Terms of Use

Positive Networks may make changes to these Terms of Use from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of the Website constitutes your acceptance of any such changes.

Modification or Suspension of the Website

You agree that Positive Networks may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, for which Positive Networks shall not be liable to you.

Intellectual Property Information

No part of the content or information included in this site may be reproduced, retransmitted or otherwise redistributed in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, re-keying, or using any information storage and retrieval system, without the prior written permission of Positive Networks. Except as expressly provided herein, Positive Networks and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Those areas of this website that you access by using a password, access code or personal identification number contain information and content that is proprietary and confidential to Positive Networks ("Confidential Information"). By accessing those areas, you agree to keep Confidential Information confidential and to not use Confidential Information for any purpose not authorized by your written Terms of Use with Positive Networks. All trademarks used at this website are the property of their respective owners. All site content is copyright © 2001-2002 Positive Networks, Inc. All rights reserved.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POSITIVE NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

POSITIVE NETWORKS DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES POSITIVE NETWORKS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AS TO THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR AS A RESULT OF THE WEBSITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSITIVE NETWORKS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL POSITIVE OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO COMPANY OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF ECONOMIC ADVANTAGE, BUSINESS, OR PROFITS), IN CONNECTION WITH OR ARISING OUT: (1) THE DEFICIENCY OR INADEQUACY OF THE WEBSITE OR SERVICE FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO COMPANY; (2) THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICE OR ANY FILES, DATA OR COMPUTER SYSTEMS RELATED THERETO OR USED IN CONNECTION THEREWITH; (3) ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE WEBSITE OR SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS; OR (4) ANY WEBSITE OR SERVICE FAILURE, WHETHER OR NOT POSITIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY (WHETHER IN CONTRACT OR IN TORT, INCLUDING STRICT TORT LIABILITY, OR BASED ON A WARRANTY) UNDER WHICH THE LIABILITY MAY BE ASSERTED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Positive Networks, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys' fees, made by any third party due to, arising out of or related to your use of the Website, Content you submit, post or transmit through the Website, your violation of the Terms of Use or any rights of another, or your connection to the Website.

Limitations on Use of Information

This site may be linked to other sites that are not under the control of and are not maintained by Positive Networks. Positive Networks is not responsible for the content of those sites. Positive Networks is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement of, sponsorship of, or affiliation with the linked site by Positive Networks.

Security

You are prohibited from unauthorized access or attempts at unauthorized access to the password-restricted portions of the Positive Networks website. This includes violating or attempting to violate the overall security of the Website, including, without limitation, (a) obtaining or attempting to gain access, to data that is not intended for you or obtaining unauthorized access by logging into a server or account that you have not been duly authorized to access by Positive Networks, (b) to gain access to a system or network without proper authorization by any unauthorized means, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via mans of submitting a virus to the portal, overloading, "flooding," "mailbombing," or "crashing," or (d) sending unsolicited e-mail, including promotions and/or advertising, etc., or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Any violation of these security rules may result in civil or criminal liability. Positive Networks will investigate occurrences of security violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to conflict of laws provisions. You and Positive Networks agree to submit to the personal and exclusive jurisdiction of the courts located within Johnson County, Kansas.

Miscellaneous

If any provision of these Terms of Use is found by a court or other binding authority to be invalid, every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Terms of Use shall continue in full force and effect.

Any failure by Positive Networks to enforce or exercise any provision of this Terms of Use or related right shall not constitute a waiver of that right or provision.