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| Edgia
Site Terms of Use |
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Welcome
to the Edgia Website (the "Site"). These terms and conditions
of use ("Site Terms") apply exclusively to your access to,
and use of, the Site. So please read them carefully. They
do not alter in any way the terms or conditions of any other
agreement you may have with Edgia, Inc. ("Edgia") for other
products or services. Edgia reserves the right, in its sole
discretion to change or modify any of the terms and conditions
contained in the Site Terms or any policy or guideline of
the Site, at any time. Any changes or modification will be
effective upon posting of the revisions on the Site. Your
continued use of this Site following the posting of its changes
or modifications will constitute your acceptance of such changes
or modifications.
By accessing, browsing, and using this Site, you agree to
be bound by the terms and conditions described below and all
policies and guidelines incorporated by reference. IF YOU
DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION,
do not access, browse or otherwise use this Site.
All questions, inquiries or comments about the Site or its
contents should be directed to
webmaster@edgia.com.
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| Your
License to Access Edgia.com |
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Subject
to the terms outlined below, Edgia grants you a limited license
to make use of the Site for its intended purpose. Such grant
does not include, without limitation (a) any resale or commercial
use of the Site or content therein; (b) making derivative
uses of the Site or its contents; or (c) use of any data mining,
robots, or similar data gathering and extraction methods.
Except as expressly stated in these Site Terms, you are not
conveyed any right or license by implication, estoppel, or
otherwise in or under any patent, trademark, trade secret,
copyright, or other proprietary right of Edgia or any third
party. Elements of the Site, including page headers, custom
graphics, logos, sounds, images and button icons, are protected
by copyright, trade dress and other laws and may not be copied
or imitated in whole or in part. No logo, graphic, sound,
image or other element from the Site may be copied, reproduced,
redistributed or retransmitted unless expressly permitted
by Edgia in writing.
The Site contains certain software provided by third party
software vendors identified by their logos or markers in the
Site, including ISOPIA Inc. ("ISOPIA"). Such software is called
"Third Party Software." Edgia grants you a sublicense to use
the Third Party Software contained in the Site, subject to
certain restrictions. In addition, Edgia grants you a non-exclusive,
non-transferable, limited right to search and browse the Third
Party Software contained in the Site. You agree that you will
not attempt to translate, adapt, modify, decompile, reverse
engineer, create derivative works from, disassemble, unlock,
copy or recreate any component of the Third Party Software
or of the Site. ISOPIA and/or any other third party software
providers as applicable (each, a "Software Third Party") will
have all right, title, interest in and to all copies, derivative
works, translations, adaptations or modifications of the Third
Party Software howsoever made by you and any proceeds derived
therefrom.
These Site Terms do not authorize you to access or use any
of the interactive training courses (the "Training Courses")
available at this Site. All access and use of the Training
Courses will be subject to Edgia's then current End-User License
Agreement.
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| Restrictions
on License
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You
may not use, frame or utilize framing techniques to enclose
any Edgia or Software Third Party trademark, logo or other
proprietary information (including, but not limited to the
images found at this Site, the content of any text or the
layout/design of any page or form contained on a page) without
the express written consent of Edgia and/or the Software Third
Party, as applicable. Further, you may not use any metatags
or any other "hidden text" utilizing an Edgia or Software
Third Party name, trademark, or product name without the express
written consent of Edgia.
You agree to use and access the Site in a manner that will
not disrupt or corrupt the Site, the Third Party Software,
Edgia, its agents, other customers and/or any of the associated
networks or equipment forming part of the Site. Access of
the Site, the Third Party Software, the Training Courses,
or any information on the Site in a manner that is disruptive,
damaging, unlawful, obscene, offensive or intrusive as determined
by Edgia or its agents will be a breach under the Site Terms
and may result in cancellation of access.
Any unauthorized use of this Site will terminate the permission
or license granted by these Site Terms and may violate applicable
law including copyright laws, trademark laws (including trade
dress), and communications regulations and status.
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| Copyright
Notice
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All
copyrighted and copyrightable materials on this Site, including,
without limitation, the Edgia logo, design, text, graphics,
pictures, sound files and other files (the "Materials") and
the selection and arrangement thereof are copyright ©
2001 Edgia, Inc. and/or its licensors, including, without
limitation, the Software Third Parties. ALL RIGHTS RESERVED.
Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission
of Edgia or the respective copyright owner. You may not display,
copy, distribute and download the Materials on this Site for
any use without the written permission of Edgia or the respective
copyright owner.
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| Notice
for Copyright Infringement Claims
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| Pursuant to
Title 17 of the United States Code, Section 512(c)(2) notifications
of claimed copyright infringement should be sent to Jon Phillips
who can be reached as follows:
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| By mail:
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Jon Phillips
Copyright Agent
3624 Oak Lawn Ave
Suite 100
Dallas, Texas 75219
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By phone:
By fax:
By e-mail:
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(214) 744-0000
(214) 744-0099
jphillips@edgia.com |
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| Trademark
Protection
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| Edgia.com,
the Edgia logo, and the products and services described in
this Site are or contain trademarks or registered trademarks
of Edgia and its suppliers, licensors and Software Third Parties,
and may not be copied, imitated or used, in whole or in part,
without the prior written permission of Edgia or its suppliers,
licensors or Software Third Parties. Also, page headers, custom
graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of Edgia or the Software Third Parties,
and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of Edgia. All other trademarks,
registered trademarks, product names mentioned herein are
the property of their respective owners. |
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| Links to
Third-Party Sites
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| The
links from the Site will let you leave edgia.com. The linked
sites are not under the control of Edgia and Edgia is not
responsible for the contents of any linked site or any link
contained in any linked site, or any changes or updates to
any such sites. Edgia is not responsible for webcasting or
any other form of transmission received from any linked site.
Edgia is providing these links to you only as a convenience,
and the inclusion of any link does not imply the endorsement
of that link, or links contained therein, by Edgia. When leaving
the Site, you should be aware that Edgia's terms and policies
no longer govern, and, therefore, you should review the applicable
terms and policies, including privacy and data gathering practices,
of that other site. |
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| Materials
You Submit
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| You
agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original
or creative materials or other information, provided by you
in the form of e-mail or submission to Edgia, or posting to
open forums on this Site, are non-confidential and shall become
the sole property of Edgia. Edgia shall own exclusive rights,
including all intellectual property rights, and shall be entitled
to the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation
to you. |
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| Conduct
in Interactive Areas
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| This Site
may include discussion forums or other interactive areas,
including chat rooms or bulletin boards. Forums and interactive
areas shall be used only for non-commercial purposes. By using
any forum or interactive areas, you agree not to do any of
the following: 1) Upload to, distribute or otherwise publish
through this Site any message, data, information, text, graphic
or other material ("Content") that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable; 2) Upload
or transmit any Content that would constitute or encourage
a criminal offense, violate the rights of any party, or that
would otherwise create liability or violate any local, state,
national, or international law, including without limitation,
the regulations of the U.S. Securities and Exchange Commission,
any rules of any securities exchange such as the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ;
3) Upload or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or
proprietary right of any party; 4) Impersonate any person
or entity or otherwise misrepresent your affiliation with
a person or entity; and 5) without Edgia's written permission,
distribute or publish unsolicited promotions, advertising
or solicitations for funds, goods or services, including junk
mail and spam. By posting any Content, you represent and warrant
that you have the lawful right to distribute and reproduce
such Content. |
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| Edgia
takes no responsibility and assumes no liability for any Content
posted or unposted by you or any third party, or for any mistakes,
defamation, slander, libel, omissions, falsehood, obscenity,
pornography or profanity you may encounter. As a provider
of interactive services, Edgia is not liable for any statements,
representations, or Content provided by its users in any public
forum or personal home page. |
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| Monitoring
the Site
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| Edgia
has the right, but not the obligation, to monitor any activity
and Content associated with its forums and interactive areas.
Edgia may investigate any reported violation of its policies
or complaints and take any appropriate action that it deems
appropriate. Such action may include, but is not limited to,
issuing warnings, suspension or termination of service, and/or
removal of posted Content. Edgia reserves the right and has
absolute discretion, to remove, screen or edit any Content
that violates these provisions or is otherwise objectionable.
Edgia also reserves the right to report any activity that
it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other third parties.
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| In order
to cooperate with governmental requests, to protect Edgia's
system and customers, or to ensure the integrity and operation
of Edgia's business and systems, Edgia may access and disclose
any information it considers necessary or appropriate, including,
without limitation, user profile information (i.e. name, e-mail
address, etc.), IP addressing and traffic information, usage
history, and posted Content. In order to protect customers
and comply with governmental standards, Edgia reserves the
right to disclose any such non-confidential or non-privileged
information under said circumstances. |
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| Your Indemnification
of Edgia |
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| You
shall remain solely liable for the Content of any messages
or other information you upload or transmit to Edgia, including
the discussion forums or interactive areas of this Site. You
agree to indemnify and hold harmless Edgia and any of its
Software Third Parties from any claim, action, demand, loss,
or damages (including attorney's fees) made or incurred by
any third party arising out of or relating to your conduct,
your violation of these terms and conditions, or your violation
of any rights of a third party. |
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| Disruption
and Security of the Site
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| While
Edgia will use commercially reasonabe efforts to minimize
disruptions of the Site, it will not be held responsible for
any damages or delays caused by interruption for any reason.
You acknowledge that from time to time the Site may be "down"
due to routine maintenance, the provision of upgrades to the
Site and other required events. Similarly, Edgia or its agents
will use commercially reasonable efforts to maintain the security
of the Site, but you acknowledge that the Internet is not
secure by nature and no damages can be attributed to Edgia
or any of its Software Third Parties because of a breach of
security on the Site. |
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| Legal Information
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| Edgia
is not a law firm, and although this Site may contain legal
information, SUCH INFORMATION IS NOT INTENDED AS LEGAL ADVICE
AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. Edgia
does its best to make sure that the information is accurate
and up to date; however, the law changes rapidly, and there
is no guarantee that all the information on the Site is completely
current. In addition, the law is different from jurisdiction
to jurisdiction, and even similar laws may be interpreted
differently in different courts or in different places. The
law is a personal matter, and no general information like
the kind provided in this Site can fit every circumstance,
so you should consult a licensed attorney in your area to
get specific advice for your problem. In short, nothing on
this Site should be considered legal advice or as a substitute
for the advice of an attorney. |
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| Disclaimer
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| THIS
SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. EDGIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EDGIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS
SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
EDGIA DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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| THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EDGIA AND
ITS SOFTWARE THIRD PARTIES, VENDORS AND/OR SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS AND/OR GRAPHICS
DESCRIBED HEREIN AT ANY TIME. |
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| Edgia
reserves the right to change any and all content contained
on this Site at any time without notice. Reference to any
products, services, processes, or other information, by trade
name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship or recommendation
thereof by Edgia, unless specifically so indicated.
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| Limitation
of Liability
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| IN NO
EVENT SHALL EDGIA, ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
AFFILIATES, SOFTWARE THIRD PARTIES, VENDORS OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE OR THE MATERIAL CONTAINED
IN, OR ACCESSED THROUGH, THIS SITE. |
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| SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE PROVISIONS IN THE SECTION ABOVE ENTITLED
"DISCLAIMER" AND THIS SECTION MAY NOT APPLY TO YOU. TO THE EXTENT
THAT THOSE PARTICULAR EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF
LIABILITY DO NOT APPLY TO YOU, THE REMAINING EXCLUSIONS OF WARRANTIES
AND EXCLUSIONS OF LIABILITY REMAIN IN FULL EFFECT WITH YOU.
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| Data Collected
and Use Thereof
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| Edgia collects
and stores various kinds of "personally identifying information"
from users of the Site including personal information (i.e.,
name, address, e-mail), and may in the future collect "transactional
information" (i.e., credit card information, purchases, etc.),
or "secure information" (i.e., passwords). We also collect
"aggregate information" such as Site traffic, page views or
impressions. Such aggregate information is not correlated
to you or any other user of the Site. |
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| In addition,
we may make use of "cookies." Cookies are small pieces of
information or files that are stored on a user's computer
by the Web server through a user's browser for record keeping
purposes. The information can be retrieved by the same Web
server in order to personalize, monitor, or regulate the use
of the Site. Cookies allow Edgia to automate access and data
entry functions of the Site such as login information, store
on-line ordering information for purchases a user makes while
at the Site, and tailor the Site to a user's preferences or
interest. In addition, cookies allow Edgia to track usage
of the Site to determine those areas of the Site which are
useful or popular and those that are not, thereby enabling
Edgia to improve and update the Site effectively. Cookies
may not be used to read any information from your computer
other than that information which corresponds to the particular
Web site contained in its cookie. You may adjust your Web
browser to either alert you of the use of cookies or refuse
to accept cookies entirely. However, if you elect not to accept
cookies, some parts of the Site may not function properly
or permit access. |
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| We do not
sell, trade, rent or otherwise disclose any personally identifying
information to any third party; provided that we may disclose
the results of your study of a training course to your system
administrator or designate, if any. We may provide aggregate
information regarding our customers, sales, Site traffic,
and related Site information to third parties but in no event
will we disclose any personally identifying information. In
addition, we may send you information regarding various products
or services that may be of interest to you. In any such communication,
you will be able to "opt out" so as to not receive any further
marketing from Edgia by following the instructions included
in the communication. |
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| Governing
Law
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| These terms
and conditions shall be governed by and construed in accordance
with the laws of the State of Texas, applicable to agreements made
and entirely to be performed within the State of Texas without resort
to its conflict of law provisions. You agree that any action at
law or in equity arising out of or relating to these terms and conditions
shall be filed only in state or federal court located in Dallas,
Texas, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts over any suit,
action or proceeding arising out of these terms and conditions.
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| Rights
of Termination
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| Notwithstanding
any of these terms and conditions, Edgia reserves the right,
without notice and in its sole discretion, to terminate your
license to use the Site, and to block or prevent future access
to and use of the Site. |
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| Severability
of Provisions
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| If any provision
of these Site Terms shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
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| Consent
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| By using
our Site, you consent to the collection and use of this information
by Edgia. Should we decide to change or alter our terms and
conditions, we will post those changes on this page. By continuing
to use our Site after any changes, you agree to those changes.
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