Terms of Use Generally: The
following Terms of Use (these "Terms") apply to you when you
visit this general information web site provided by Accela, Inc. (this
"Site"), which comprises those web pages and information located
at the internet domain "accela.com" and accessible directly
or indirectly from the home page of
this Site. These Terms may be supplemented or superseded by other terms
which apply to designated portions of this Site. By using this Site, you
agree to these Terms, as they may be supplemented or superseded as noted
above, or as amended from time-to-time in Accela's sole discretion and
without notice to you. Accela may monitor use of this Site, in accordance
with its stated Privacy policy, to ensure compliance
with these Terms.
Content License: All contents of this Site are protected
by the laws of the United States and the individual states and by international
treaty provisions. Some trademarks, service marks, logos, or content are
owned by third parties ("Third Party Content") and are used
on this Site with those parties' permission or otherwise in accordance
with applicable laws. With respect to Third Party Content, Accela makes
no claims of ownership and has endeavored to properly attribute ownership
of Third Party Content where such attribution is appropriate. Accela retains
full ownership in its own proprietary content and grants to you a limited,
nonexclusive license for informational, non-commercial use of such content,
provided you abide by these Terms. You are not permitted to modify, distribute,
publish, transmit, or create derivative works of any material found on
this Site for any commercial purposes. Elements of this Site are protected
by trade dress, trademark, unfair competition and other laws and may not
be copied or imitated in whole or part. Portions of this Site may be restricted
to password-authorized users only; unauthorized access to such portions
of this Site will be prosecuted to the fullest extent of applicable laws.
No logo, graphic, or image from this Site may be copied unless expressly
permitted by Accela. Any rights not expressly granted herein by Accela
are reserved to Accela.
Export Compliance and Legal Enforcement: All information
of this Site is subject to United States export control laws. You may
not access, download, use, or export this Site, any portion thereof, or
item provided therein in violation of United States export control laws
or in violation of any other applicable laws or regulations. All matters
relating to your access to and use of this Site will be governed by the
federal laws of the United states or the laws of the State of California.
Any legal action or proceeding relating to your access to or use of this
Site will be instituted in the United States District Court for the Northern
District of California or in the Superior Court of California in the County
of Alameda. You agree to submit to the jurisdiction of , and agree that
venue is proper in, these courts in any such legal action.
Remedies for Violation: You agree that Accela, at any
time and in its sole discretion, may terminate or block your access to
this Site or any portion thereof. Accela reserves its rights to seek all
remedies available to in law and equity for any violation of these Terms.
In addition to, and not in lieu of, these rights, Accela may terminate
your access to this Site and any user accounts you may have in connection
with this Site. The failure of Accela to object to a breach of these Terms
will not prevent Accela from thereafter objecting to that breach or any
other breach of these Terms. You agree to defend, indemnify, and hold
harmless Accela, its officers, directors, employees, and contractors from
and against any and all claims, liabilities, damages, losses, and expenses,
including reasonable attorneys' fees and costs, arising from or in any
manner associated to your access to or use of this Site.
General Disclaimer: Although Accela has attempted to
provide accurate information on this Site, Accela assumes no responsibility
for the accuracy of such information. ACCELA WILL NOT BE LIABLE FOR ANY
DAMAGES TO COMPUTER EQUIPMENT OR FOR DATA LOSS RESULTING FROM YOUR USE
OF ANY CONTENT, MATERIALS, OR INFORMATION FROM THIS SITE. Accela may change
the products or services described on this Site at any time and without
notice. References to non-Accela products or services are for informational
purposes only and constitute neither endorsements nor recommendations
of such products or services. ALL INFORMATION PROVIDED ON THE SITE IS
PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUR WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED. ACCELA DISCLAIMS ALL WARRANTIES INCLUDING,
BUT NOT NECESSARILY LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ACCELA WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING,
BUT NOT NECESSARILY LIMITED TO, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT
GOODS, LOSS OR DAMAGE TO DATA ARISING FROM THE USE OR INABILITY TO USE
THE SITE OR ANY ACCELA PRODUCT, OR DAMAGES FROM THE USE OF OR RELIANCE
ON THE INFORMATION ON THE SITE, EVEN IF ACCELA OR ITS AGENTS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Site may contain hyperlinks
to third-party web sites. Your use of any other web site linked to this
Site is at your own risk and Accela is responsible for neither the accuracy
nor reliability of any information on such other web sites. Accela provides
links to third-party web sites merely as a convenience and the inclusion
of such links constitutes neither endorsements nor recommendations of
such information, products, or services as may be described at such web
sites.
Privacy: Accela may monitor activity
on this Site to ensure that you and other users comply with these Terms.
Accela does not gather personal information about you except such personal
information as you may voluntarily provide to Accela. Accela uses such
information to provide information concerning our products and services
to you and to inform you of other products and services which may be of
interest to you. All personal information is protected by Accela as confidential
information; Accela uses a reasonable degree of care to protect such information
and discloses such information to its employees or to agents under its
control and direction only in the normal course of its business and only
on a need-to-know basis. Accela does not currently sell, rent, or trade
personal information it receives to other parties. If Accela elects to
change this policy in the future, such change will not affect or apply
to personal information received prior to the effective date of the change.
Notwithstanding, Accela may release personal information when Accela believes
in good faith that such release is reasonably necessary to a) comply with
applicable laws; b) enforce these Terms or the terms of Accela's intellectual
property licenses and agreements; or c) protect the rights, property,
or safety of Accela or others. Accela may provide aggregate statistics
comprising no personally-identifiable information to third parties. Accela
may use "cookies" (small data files written to your computer's
hard drive) to provide tailored information to you, track traffic patterns
at this Site, or for other purposes; such cookies will not contain any
personally-identifiable information. Most web browsing software permits
you to accept or reject cookies; although your ability to access some
portions of this Site may be inhibited if you do not accept cookies, your
license to access this Site is not contingent on your acceptance of cookies.
Questions concerning these Terms should be directed to Colin
Samuels, Accela's Assistant General Counsel.
Revised February 10, 2004. © 2002-2008 Accela, Inc. All rights reserved.
|
