 |
ACCEPTANCE OF TERMS
Comsoltech Incorporated ("ASPObjects.com") makes available for your
use on this Web site (the "Site") information, documents, software and
products (collectively, the "Materials") and various services operated
by ASPObjects.com (collectively, the "Services"), subject to the terms
and conditions set forth in this document (the "Terms of Use"). By accessing
or using this Site, which includes your access to or use of any of the Services,
you agree to the Terms of Use. ASPObjects.com reserves the right to change the
Terms of Use from time to time at its sole discretion. Your use of the Site will
be subject to the most current version of the Terms of Use posted on the Site
at the time of such use. In addition, when using particular Services or Materials
on this Site, you shall be subject to any posted guidelines or rules applicable
to such Services or Materials that may contain terms and conditions in addition
to those in the Terms of Use. All such guidelines or rules are hereby incorporated
by reference into the Terms of Use. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates and you must immediately
destroy any Materials downloaded or printed from the Site.
COPYRIGHT: LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or
other intellectual property laws and any unauthorized use of the Materials or
Services at this Site may violate such laws. Except as expressly provided herein,
ASPObjects.com and its suppliers do not grant any express or implied right to
you under any patents, copyrights, trademarks, or trade secret information with
respect to the Materials and Services.
Except as specifically permitted
herein, no portion of the information or documents on this Site may be reproduced
in any form or by any means without the prior written permission of ASPObjects.com.
Use of Software.
The software and accompanying documentation that are made available to download
from this Site are the copyrighted work of ASPObjects.com and/or its suppliers.
Use of the software is governed by the terms of the end user license agreement
that accompanies or is included with such software. You will not be able to
download or install any software that is accompanied by or includes an end user
license agreement unless you agree to the terms of such end user license agreement.
If you do not agree to such terms, you will not be able to use the software.
You may not decompile, reverse engineer or otherwise attempt to discover the
source code of the software available on the Site.
Use of Site Information.
Except as otherwise indicated elsewhere on this Site, you may view, download
and print the documents and information available on this Site subject to the
following conditions:
- The documents and information
may be used solely for personal, informational, internal, non-commercial purposes.
- The documents and information
may not be modified or altered in any way.
- The documents and information
on the Site may not be distributed.
- You may not remove any
copyright or other proprietary notices contained in the documents and information.
- ASPObjects.com reserves
the right to revoke the authorization to view, download and print the documents
and information available on this Site at any time, and any such use shall
be discontinued immediately upon written notice from ASPObjects.com.
- The rights granted to
you constitute a license and not a transfer of title.
The rights specified above
to view, download and print the documents and information available on this
Site are not applicable to the design or layout of this Site. Elements of this
Site are protected by trade dress and other laws and may not be copied or imitated
in whole or in part.
USE AND PROTECTION OF
ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account
number and/or password, if applicable. You are responsible for all uses of your
account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU
AND ASPObjects.com, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, ASPObjects.com MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE
SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90)
DAYS.
THIS SITE COULD INCLUDE
TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. ASPObjects.com
MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES
AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND ASPObjects.com
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
ASPObjects.com ASSUMES NO
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE,
MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES
TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL ASPObjects.com
OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT ASPObjects.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES
OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ASPObjects.com OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site contains links
to third-party Web sites that are not under the control of ASPObjects.com. ASPObjects.com
makes no representations whatsoever about any other Web site to which you may
have access through this Site. When you access a non-ASPObjects.com Web site,
you do so at your own risk and ASPObjects.com is not responsible for the accuracy
or reliability of any information, data, opinions, advice, or statements made
on these sites or for the quality of any products or services available on such
sites. ASPObjects.com provides these links merely as a convenience and the inclusion
of such links does not imply that ASPObjects.com endorses or accepts any responsibility
for the content or uses of such Web sites.
This Site can be accessed
from other countries around the world and may contain references to ASPObjects.com
products, services, and programs that have not been announced in your country.
These references do not imply that ASPObjects.com intends to announce such products,
services or programs in your country.
PERSONAL INFORMATION
AND PRIVACY
To learn about how ASPObjects.com protects your personal information, such
as your name and address, refer to the ASPObjects.com
Online Privacy Policy. Please note that any non-personal information or
material sent to ASPObjects.com will be generally be deemed to NOT be confidential.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied
information, materials or communications (collectively, 'User Content'). Depending
upon the nature of the Service, by submitting User Content to this Site you
grant ASPObjects.com one of the following two types of licenses:
- For User Content that
is the result of your creative efforts, such as examples of work you have
done using ASPObjects.com products, you hereby grant ASPObjects.com a worldwide,
royalty-free, non-exclusive license to reproduce and modify (for purposes
of formatting, maintenance or Site administration only) such User Content.
You also grant ASPObjects.com the right to distribute and publicly display
and perform such User Content for the purpose for which such User Content
was submitted to the Service. This license will be in effect until such User
Content is removed from the Site.
- For User Content such
as comments to the ASPObjects.com User to User Forums, bug reports, piracy
reports or product suggestions, you grant ASPObjects.com an unrestricted,
worldwide, irrevocable license to use, reproduce, display, perform, modify,
transmit and distribute such User Content, and you also agree that ASPObjects.com
is free to use any ideas, concepts, know-how or techniques that you send us
for any purpose. However, we will not release your name or otherwise publicize
the fact that you submitted such User Content to us unless: (a) you grant
us permission to do so; (b) we first notify you that the User Content you
submit to a particular part of the Site will be published or otherwise used
with your name on it; or (c) we are required to do so by law.
PROHIBITED COMMUNICATIONS
You may only submit to the Site, User Content that is (a) owned by you,
(b) submitted with the express permission of the owner, or (c) in the public
domain. You are prohibited from posting or transmitting to or from this Site
any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other
materials that would violate any law or the rights of others, including without
limitation, laws against copyright infringement. Violation of these restrictions
may result in limitations on access by you to this Site.
MANAGING USER CONTENT
AND COMMUNICATIONS
ASPObjects.com reserves the right, in its sole discretion, to delete or
remove your User Content from the Site and to restrict, suspend or terminate
your access to all or part of this Site, at any time for any reason without
prior notice or liability.
ASPObjects.com may establish
general practices and limits on the use of any Service, including, but not limited
to, limits on retention time, file size, and storage space for User Content.
ASPObjects.com shall have no liability or responsibility for the deletion or
failure to store any information or materials in connection with any Service.
ASPObjects.com may, but
is not obligated to, monitor or review (i) any areas on the Site where users
transmit or post User Content, including but not limited to areas where Services
are available, or chat rooms, bulletin boards or other user forums, and (ii)
the substance of any User Content.
To the maximum extent permitted
by law, ASPObjects.com will have no liability related to User Content arising
under the laws of copyright, libel, privacy, obscenity, or otherwise. ASPObjects.com
also disclaims all liability with respect to the misuse, loss, modification,
or unavailability of any User Content.
USER FORUMS
In addition to these Terms of Use, users of the ASPObjects.com User To User
Forums must agree to a separate legal agreement located within the Forums Registration
area of the Site. Your access to the User to User Forums will be denied for
violation of the prohibitions set forth in this Terms of Use under the Section
entitled PROHIBITED COMMUNICATIONS.
NOTIFICATION OF COPYRIGHT
INFRINGEMENT
ASPObjects.com will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others. If you believe
that your work has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites linked to from this
Site, please provide ASPObjects.com's Copyright Agent a Notice containing the
following elements:
- a physical or electronic
signature of the person authorized to act on behalf of the owner of the copyright
interest that is alleged to have been infringed;
- a description of the
copyrighted work or works that you claim have been infringed and identification
of what material in such work(s) is claimed to be infringing and which you
request to be removed or access to which is to be disabled;
- a description of where
the material that you claim is infringing is located on the ASPObjects.com
site;
- information sufficient
to permit ASPObjects.com to contact you, such as your physical address, telephone
number, and email address;
- a statement by you that
you have a good faith belief that the use of the material identified in your
Notice in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
- a statement by you that
the information in your Notice is accurate and, under penalty of perjury,
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
ASPObjects.com's Copyright
Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
Comsoltech Incorporated
PO BOX 1361
Glendale, AZ 85311
By telephone: (602) 274-6790
By fax: (602) 274-7128
By email: copyright@ASPObjects.com.com
IF YOU BELIEVE THAT YOUR
WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT
AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS
SITE, THEN CONTACT US BY ABOVE METHOD IMMEDIATELY.
FORWARD-LOOKING STATEMENTS
DISCLAIMER
This Site may now, or hereafter from time to time, contain certain statements
or information with respect to (i) the projection of ASPObjects.com's revenues,
income, earnings per share, capital expenditures, dividends, capital structure,
or other financial items; (ii) the plans, objectives and/or projections of ASPObjects.com
for future operations, including those relating to the products or services
of ASPObjects.com; (iii) ASPObjects.com's future economic performance; (iv)
assumptions underlying or relating to any of the forgoing statements or information;
and (v) any other projections, estimates or forward-looking statements. All
such statements and information are forward-looking statements within the meanings
of Section 27A of the Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934. Such forward-looking statements are based upon, or will
be based upon, ASPObjects.com's judgment with respect to future events and are
subject to a number of uncertainties and risks that could cause actual results
or circumstances to differ materially from those expressed in the forward-looking
statements. ASPObjects.com wishes to caution you that such forward-looking statements
are only predictions and that actual events or results may differ materially.
For further detail and information concerning the forgoing or ASPObjects.com
in general, please consult the company's documents and reports now or hereafter
on file with the Securities and Exchange Commission, particularly ASPObjects.com's
most recent Form 10-K and Form 10-Q, copies of which are available from ASPObjects.com
on this Site at Investor Relations.
EXPORT CONTROL LAWS;
NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of ASPObjects.com software products are controlled
by the United States Export Administration Regulations and such software may
not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan,
or Syria or any country to which the United States embargoes goods. In addition,
ASPObjects.com software may not be distributed to persons on the Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading an ASPObjects.com
software product you are certifying that you are not a national of Cuba, Iran,
Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United
States embargoes goods and that you are not a person on the Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.
INDEMNITY
You agree to indemnify and hold ASPObjects.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of content you submit, post to or transmit through
the Site (including, without limitation, any User Content), your use of the
Site, your connection to the Site, your violation of the Terms of Use, or your
violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by ASPObjects.com from
its offices within the state of Arizona, United States of America. By accessing
this Site, you and ASPObjects.com agree that all matters relating to your access
to, or use of, this Site shall be governed by the statutes and laws of the State
of Arizona, without regard to the conflicts of laws principles thereof. You
and ASPObjects.com also agree and hereby submit to the exclusive personal jurisdiction
and venue of the Superior Court of Maricopa County and the Phoenix Court with
respect to such matters. ASPObjects.com makes no representation that Materials
or Services available on this Site are appropriate or available for use in other
locations, and accessing them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with local laws.
TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on
this Site are the property of ASPObjects.com or other third parties. You are
not permitted to use the Marks without the prior written consent of ASPObjects.com
or such third party which may own the Marks. ASPObjects.com and the ASPObjects.com
logo are trademarks of Comsoltech Incorporated.
|