Terms of Use
The Expedience Software web site is provided by Expedience Software. (“Expedience Software” or “we”). Expedience Software provides the information, products, and services on this Web Site, subject to the following terms and conditions. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Expedience Software may, from time to time, revise these Terms of Use. Therefore, you should periodically visit this page to determine the then-current Terms of Use. Your continued use after the posting of any revisions to the Terms of Use will constitute your agreement to be bound by such revisions. If you do not agree to these Terms of Use, do not use this Site.
1. Use of Information on this Site.You may interact with — or download — a single copy of the materials available on this Site for viewing only, so long as you do not modify or alter the materials and we retain all copyright, trademark and other proprietary notices contained on the materials. Other uses (including reproduction, sale, resale, republication or display of such materials) are not permitted unless you receive Expedience Software’s prior written approval.
2. Copyright and Trademarks.All materials appearing anywhere on this Site are protected by worldwide copyright laws and treaty provisions. The copyright on such materials is held by Expedience Software or by the original creator of the materials. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described in this Agreement or with Expedience Software’s prior written permission. Use of such information may be subject to additional restrictions, as indicated on the Site. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All other use is prohibited without the prior written approval of Expedience Software. You may not use any of the names, trademarks, service marks or logos of Expedience Software that appear on this Site in any advertising or publicity, or otherwise to indicate, whether directly or indirectly, Expedience Software’s sponsorship of or affiliation with any product or service, without Expedience Software’s express written consent.
3. Confidential Information.Except as otherwise provided in specific areas or portions of this Site, any communication or material you transmit to Expedience Software by electronic mail or otherwise, (including any data, questions, responses to questionnaires, comments, suggestions, or the like) is — and will be treated as — non-confidential and non-proprietary. Anything you transmit or post may be used by Expedience Software or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, promotion, advertising, and posting in any form or media or any other existing future technology. Furthermore, Expedience Software is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever (including, but not limited to, developing, manufacturing and marketing products using such information.)
4. Use of Community Features of this Site.Your use of web forms and other community features of this Site is subject to reasonable limitations, including (but not limited to) the following restrictions. You may not publish, post, distribute or disseminate false, misleading, defamatory, infringing, obscene or unlawful material or information on or through this Site. You may not upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or regulation unless you own or control the rights thereto or have received all necessary consents. You may not upload files that contain a virus or any other program designed to interfere with the operation of this Site or computers linked to this Site. Although Expedience Software cannot and will not monitor all of the material posted or transmitted by third parties, Expedience Software reserves the right, in its sole discretion, to delete, move or edit any communication, including without limitation, communications that are false, misleading, defamatory, infringing obscene or unlawful or otherwise objectionable.
5. Disclaimer of Warranty.THE MATERIALS MADE AVAILABLE ON THIS SITE, INCLUDING SOFTWARE AVAILABLE FOR DOWNLOADING, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPEDIENCE SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, STRICT LIABILITY, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE TRADE OR PRACTICE. EXPEDIENCE SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF USE OF, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE, INCLUDING ANY ADVERTISEMENTS OR SERVICES PROVIDED BY ANY THIRD PARTIES. EXPEDIENCE SOFTWARE DOES NOT WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS, NOR DOES IT WARRANT THAT MATERIALS ACCESSIBLE VIA THIS SITE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL EFFECTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
6. Limitation of Liability.You acknowledge and agree that Expedience Software has no control over and assumes no responsibility for the quality, safety, or legality of any products or services sold or offered for sale by any third-party, the truth or accuracy of any advertisements, materials or promotions of any third-party, or the false, misleading, defamatory, infringing, obscene or unlawful statements of any third-party. You agree to pursue any problems or grievances you may have directly with the responsible third-party only. UNDER NO CIRCUMSTANCES SHALL EXPEDIENCE SOFTWARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MATERIALS OR SERVICES ON THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF EXPEDIENCE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Links from (and to) Third-Party Sites.This Site contains links to third-party sites, which are not under Expedience Software’s control. Expedience Software is not responsible for the contents of, nor does it endorse, any third-party sites that are linked to this Site.
8. Indemnification.You agree to indemnify, defend and hold harmless Expedience Software, its officers, agents, employees, licensees, successors, and assignees, affiliated merchants, content, technology and service providers, advertisers and sponsors, from and against any and all third-party claims, demands, losses, liability, damages or expenses (including reasonable attorney’s fees) arising out of breach of these Terms of Use or the use of the Site or any materials, products or services available at this Site, by you or under your control.
9. Termination.You acknowledge and agree that Expedience Software may terminate or deny access to all or part of the services, products or materials available on this Site without prior notice if you engage in any conduct or activities that Expedience Software, in its sole discretion, believes violates any of these terms and conditions or any other rule, regulation or applicable law. Neither Expedience Software nor any of its officers, agents, or employees shall be liable to you in the event of such termination.
10. Applicable Law.You acknowledge and agree that your access and use of this Site and the services available at this Site are being rendered in the United States, and you agree therefore, that these Terms of Use will be interpreted, construed, and enforced in all respects in accordance with the laws of the United States, without reference to its choice of law principles. You further agree to comply with all applicable laws and regulations of the various states and of the United States including all export and re-import laws and regulations. To the extent any dispute is not resolved as indicated above, the parties agree not to commence or prosecute any suit or claim to enforce these Terms of Use or otherwise arising under or by reason of these Terms of Use.
11. General.If any provision of this agreement is found to be invalid, all other terms and conditions of this agreement shall remain unaffected and shall continue in full force and effect.
See Expedience Software, Inc.’s Privacy Policy for further information and terms and conditions regarding the use of this Site and the information found on this Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions contained in the foregoing documents. If you do not agree to these terms and conditions, do not use this Site.