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TERMS OF USE FOR FOURTE WEBSITE AND MATERIALS


Copyrights
This Site and the materials within it are © 2012 FOURTE. Viewing this Site may create a copy of FOURTE materials in your computer's random access memory and/or in your hard drive and/or in your proxy server; however, these materials remain copyrighted by FOURTE and are subject to the Terms of Use as stated in this document.

Use License
FOURTE grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to FOURTE that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and FOURTE relating to the sale of products or services to you through this Site, FOURTE will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of FOURTE and others. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. FOURTE aggressively enforces its intellectual property rights to the fullest extent of the law. The name of FOURTE Technologies, the FOURTE logo or the other FOURTE formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from FOURTE. FOURTE prohibits use of the FOURTE logo as part of a link to or from any site unless establishment of such a link is approved in advance by FOURTE in writing. Fair use of FOURTE Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and are subject to the terms and conditions of use by those Trademark owners.

Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than FOURTE Technologies. Such links are provided for your reference only. FOURTE does not control outside Sites and is not responsible for their content nor their conformity to applicable laws. FOURTE’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does FOURTE’s inclusion of the links imply that FOURTE is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.


WARRANTY DISCLAIMER AND EXCLUSION OF LIABILITY
FOURTE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FOURTE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOURTE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER FOURTE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

General Information
This Site resides on a server in USA. You agree that this agreement and your use of this Site are additionally governed by the laws of USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. FOURTE has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. With the prior agreement of FOURTE, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that FOURTE may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and FOURTE as a result of this agreement or your use of this Site. FOURTE’S performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of FOURTE’S right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by FOURTE with respect to such use. This agreement, the privacy statement, and terms of sale constitute the entire agreement between you and FOURTE with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FOURTE with respect to this Site. No modification of this agreement shall be effective unless it is authored by FOURTE or its affiliates, or unless it is physically signed in blue ink by an FOURTE officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by FOURTE in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by FOURTE in printed form.


 
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