Terms of Use Policy - Legal & HR
Attorney-client privilege is a legal principle that protects communications between a lawyer and his or her client from being disclosed without the client's consent. The purpose of the attorney-client privilege is to encourage clients to communicate freely with their lawyers without fear that their statements will be used against them. The attorney-client privilege is related to the Terms of Use Policy in that the Terms of Use Policy may contain provisions that waive or limit the attorney-client privilege. For example, the Terms of Use Policy may state that communications between the lawyer and client are not confidential and may be disclosed to third parties. In such a case, the attorney-client privilege would be waived and the communications could be used against the client in court.
Terms of Use and Legal Notices
Welcome to the Business , Inc. (” {Company Name}”) Web site (the “Web Site”). Please review the following notices, terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these notices, terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Web Site.
General Use Provisions
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Business or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Business and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Business . Also, you may not “mirror” any Materials contained on this Web Site on any other server without Business prior express written permission.
Except where expressly provided otherwise by Business , nothing on this Web Site shall be construed to confer any license offer for license or sale under any of Business or any Third Party Providers intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Business and as such, Business makes no warranty with respect to the contents of such Materials, including non-infringement of intellectual property rights. Business does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Business .
Business hereby grants you permission to display, copy, distribute and download Business Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Links to Third Party Sites
This Web site may contain links to websites controlled by parties other than Business . Business is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Business is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by {Company Name}of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Software Use Restrictions
Any software that may be made available to access or download from this Web Site (”Software”) is the copyrighted work of Business. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe liability and penalties.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, {Company Name}HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Restricted Rights Legend
Any Software which is downloaded or accessed from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is {Company Name}, Inc., 5201 Great America Pkwy, Suite 320, Santa Clara, CA 95054.
Submissions
Except where expressly provided otherwise by {Company Name}, all comments, feedback, information or materials submitted to {Company Name}through or in association with this Web Site (”Submissions”) shall be considered non-confidential and {Company Name}’s property. By providing such Submissions to {Company Name}, you agree to assign to {Company Name}, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. {Company Name}shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not {Company Name}, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY {Company Name}, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND {Company Name} HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. {Company Name}MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
Limitation of Liability
BUSINESS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL {Company Name}BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF {Company Name}HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST BUSINESS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD BUSINESS HARMLESS FROM, AND YOU COVENANT NOT TO USE {Company Name}FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.