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General
By using this Website, you are indicating that you have the legal authority to accept the terms and conditions of this Terms of Use statement (the "Terms of Use") and you have agreed to be bound by them. This Website may include inaccuracies or typographical errors. Adaptivity and the third parties that provide content on this site may make improvements and/or changes in the products, services, and programs, described in this Website at any time without notice. It is your responsibility to check the Terms of Use for any changes that are periodically made to the Website.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Any action related to this Website will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
User of Proprietary Information
All content and intellectual property available through this Website and appearing on this Website is the property of Adaptivity or its licensors and is protected by copyright and other intellectual property laws and treatises. This Website is protected by copyright as a collective work or compilation under United States copyright law.
Adaptivity and all Adaptivity-based trademarks and logos (for Conversation Planner™ and CommunityXPerts™) are trademarks or registered trademarks of Adaptivity in the United States and other countries. Any trademark that appears on this Website may not be used in connection with any product or service that is not the trademark owner's, in any manner likely to cause confusion among customers, or in any way disparages or discredits the trademark owners. Any reproductions of the trademarks of Adaptivity must include the proper copyright and proprietary notices, and are subject to approval by Adaptivity (see contact information below).
Links to Third Party Sites
This Website may contain links to other websites for informational purposes and are not intended to suggest any affiliation with Adaptivity unless expressly stated. The reliability, availability and performance of these other websites is beyond Adaptivity's control, and Adaptivity makes no representations or warranties with respect to such websites. Adaptivity provides these links to you only as a convenience, and the inclusion of any link to such websites does not imply endorsement by Adaptivity of those websites. Adaptivity reserves the right to terminate any link or linking program at any time.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ADAPTIVITY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SUCH EXCLUSIONS MAY THEREFORE NOT APPLY TO YOU.
Limitation of Liability
ADAPTIVITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS ON THIS WEBSITE. IN NO EVENT SHALL ADAPTIVITY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ADAPTIVITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST ADAPTIVITY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ADAPTIVITY HARMLESS FROM, AND YOU COVENANT NOT TO SUE ADAPTIVITY FOR ANY CLAIMS BASED ON USING THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE.
Copyright
Except where otherwise specified, the contents of this site are protected under U.S. copyright law.
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