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terms of use

Acceptance of terms

Cizer Software Corporation ("Cizer") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by Cizer and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Cizer may publish from time to time (collectively, the "Terms of Use"). 

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

Cizer reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Secure Website Products and Activities

Please be aware that certain products and activities on this Site, such as Annual Support/Update subscriptions, are available only to persons who are covered under a paid or trial subscription agreement with Cizer ("Subscribers") and persons invited by Subscribers to participate in such activities.

Intellectual property; limited license to users

The Product and Services on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Product or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Cizer and its suppliers do not grant any express or implied rights to use the Products and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Products, or its Services. In addition, you agree not to use any data gathering and extraction methods in connection with the Site.

Use of Services.

 When using Products or Services on this Site that are offered by Cizer, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by Cizer, this Site may from time to time make available materials, information, and services provided by third parties (collectively, the "Third Party Offerings"). The Third Party Offerings are governed by separate license agreements that accompany such services. Cizer offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Offerings, including any liability resulting from incompatibility between the Third-Party Offerings and the Products and Services offered by Cizer. You agree that you will not hold Cizer responsible or liable with respect to the Third-Party Offerings or seek to do so.

Use of software.

 The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Cizer and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. In the absence of a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of Cizer Content.

 Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Cizer Content available on this Site subject to the following conditions:
The Cizer Content may be used solely for personal, informational, and internal purposes and may not be modified or altered in any way.

The Cizer Content on the Site may not be distributed or sold, rented, leased, or licensed to others without the written consent or Cizer Software Corporation.
You may not remove any copyright or other proprietary notices contained in the Cizer website Content. 
Cizer reserves the right to revoke the authorization to view, download, and print the Cizer Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Cizer. 
The rights granted to you constitute a license and not a transfer of title.

Trademark information

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Cizer or other third parties. You are not permitted to use the Marks without the prior written consent of Cizer or such third party that may own the Marks. Cizer and the Cizer logo are trademarks of Cizer Software Corporation.

Prohibited communications

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

  • not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;

  • not to create a false identity;

  • not to use or attempt to use another's account, password, service, or system without authorization from Cizer;

  • not to access or attempt to access any Design Content which you are not authorized to access;

  • not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;

  • not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products, Services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. 

Managing content and communications

Although it is not our intention to do so, Cizer reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.Cizer may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post files, 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 files uploaded by site users.

To the maximum extent permitted by law, Cizer will have no liability related to uploaded files arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Cizer also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.

Use and protection of account number and password

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CIZER OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S PRODUCTS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH 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, CIZER MAKES NO WARRANTY THAT (i) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. CIZER 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 CIZER MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) CIZER DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) CIZER MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CIZER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE 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, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. CIZER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIZER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

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.

International users

This Site can be accessed from countries around the world and may contain references to Cizer products, services, and programs that are not available in your country. These references do not imply that Cizer intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by Cizer from its offices within the United States of America. Cizer makes no representation that the Site, or the Products or Services available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.

Personal information and privacy

To learn about how Cizer protects your personal information, such as your name and address, refer to the Cizer Privacy Statement. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to Cizer will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Cizer or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use on-line purchasing from the Cizer online store.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CIZER, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR 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 CIZER 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 OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Cizer User Group Forums

In addition to these Terms of Use, users of the Cizer User Group Forums must agree to a separate legal agreement located within the Forums registration area of the Site. Your access to the User Group Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled "PROHIBITED COMMUNICATIONS" in that agreement and conduct your activities accordingly.

Indemnity and liability

You agree to indemnify and hold Cizer, 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 information you submit, post to, or transmit through the Site (including, without limitation, any software products downoaded from the Cizer website), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any member of your Work Group (solely if you are a Subscriber to the DesignTeam service), or your violation of any rights of another person or entity.

Governing law and jurisdiction

This Site (excluding linked sites) is controlled by Cizer from its offices within the state of Virginia, United States of America. By accessing this Site, you and Cizer 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 Virginia, without regard to the conflicts of laws principles thereof. You and Cizer also agree that the rule of UCITA are waived in this instance.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Cizer and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Cizer to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Copyright 2012 Cizer Software Corporation Terms of Use  |  Privacy Statement  |  Patent Pending