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Legal Notice, Disclaimer and Terms of Use
Legal
notice, disclaimer and terms of use Access to and use of this World Wide Web
site (the “BLACKTHORNE.COM™ Website”) is provided subject to these terms
and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF
THESE TERMS AND CONDITIONS. BLACKTHORNE.COM™ may revise these terms at any
time by updating this posting. You should visit this page from time to time to
review the then-current terms because they are binding on you. Certain
provisions of these terms may be superseded by expressly designated legal
notices or terms located on particular pages at this Website. These terms
contain provisions relating to the Use of Material on our Website, Disclaimer of
Warranties, Notice Specific to Software Available on our Website, Restricted
Rights, Sites Linked from our Website, Limitation of Liability, User
Submissions, Applicable Law, Privacy Policy and Copyright and Trademark Notices.
A. Use of Material on the BLACKTHORNE.COM Website
The information, artwork, text, animations, video, audio, or pictures
(collectively, "Materials") contained on the BLACKTHORNE.COM™
Website are protected by copyright laws. You may only access and use the
Materials for personal or educational purposes. You may not modify or use the
Materials for any other purpose without BLACKTHORNE.COM’s express written
consent. Except as provided below, you may not reproduce, republish, post,
transmit or distribute any Materials on the BLACKTHORNE.COM™ Website.
You may print Materials on the BLACKTHORNE.COM™ Website for personal or
educational purposes only, and you must include any copyright notice originally
included with the Materials in all copies.
The Materials included on the BLACKTHORNE.COM™ Website have been compiled by
BLACKTHORNE.COM™ from a variety of sources, and are subject to change without
notice.
All media files on the BLACKTHORNE.COM™ Website are protected by copyright
laws. You may not, under any circumstances, reproduce, record, publish, publicly
exhibit, or distribute any media files (including, but not limited to, .avi, .afx,
.mp3 or .wmv files) made available for playback on the BLACKTHORNE.COM™
Website without BLACKTHORNE.COM’s express written consent. You may not link
directly to any media files located on an BLACKTHORNE.COM™ server, and you
will not attempt to "pass-off" any of BLACKTHORNE.COM’s content as
your own work.
B. Disclaimer of Warranty
The services, information or data (collectively, "Information") made
available at the BLACKTHORNE.COM™ Website are provided “AS IS,” without
warranties of any kind. BLACKTHORNE.COM™ expressly disclaims any
representations and warranties, including without limitation, the implied
warranties of merchantability and fitness for a particular purpose.
BLACKTHORNE.COM™ shall have absolutely no liability in connection with the
services including without limitation, any liability for damage to your computer
hardware, data, information, Materials and business resulting from the
Information or the lack of information available on the BLACKTHORNE.COM Website.
BLACKTHORNE.COM shall have no liability for:
1. Any loss or injury caused, in whole or in part, by its actions, omissions, or
negligence, or for contingencies beyond its control, in procuring, compiling, or
delivering the Information;
2. Any errors, omissions, or inaccuracies in the Information regardless of how
caused, or delays or interruptions in delivery of the Information; or
3. Any decision made or action taken or not taken in reliance upon the
Information furnished hereunder.
BLACKTHORNE.COM™ makes no warranty, representation or guaranty as to the
content, sequence, accuracy, timeliness or completeness of the Information or
that the Information may be relied upon for any reason. BLACKTHORNE.COM™ makes
no warranty, representation or guaranty that the Information will be
uninterrupted or error free or that any defects can be corrected. For purposes
of this section, shall include BLACKTHORNE.COM™, and its divisions,
subsidiaries, successors, parent companies, and their employees, partners,
principals, agents and representatives, and any third-party providers or sources
of information or data.
C. Notice Specific To Software Available On The BLACKTHORNE.COM Website
Any software that is made available to download from this server
("Software") is the copyrighted work of BLACKTHORNE.COM™ and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BLACKTHORNE.COM™
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
D. Restricted Rights Legend
Any Software which is downloaded 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.
BlackThorn Enterprise Network®, Blackthorn Enterprise®, Sy-Systems® P.O. Box
3 Coleman, Wisconsin 54112.
E. Sites Linked From the BLACKTHORNE.COM Website
The sites linked from the BLACKTHORNE.COM™ Website are not under
BLACKTHORNE.COM’s control, and BLACKTHORNE.COM™ does not assume any
responsibility or liability for any communications or materials available at
such linked sites. BLACKTHORNE.COM™ does not intend links on the
BLACKTHORNE.COM™ Website to be referrals or endorsements of the linked
entities, and are provided for convenience only.
F. Limitation of Liability
Under no circumstances shall BLACKTHORNE.COM™ be liable for any losses or
damages whatsoever, whether in contract, tort or otherwise, from the use of, or
reliance on, the Information, or from the use of the Internet generally. For
purposes of this section, “BlackThorne Enterprise Network” shall include
BLACKTHORNE.COM™, and its divisions, subsidiaries, successors, parent
companies, and their employees, partners, principals, agents and
representatives, and any third-party providers or sources of information or
data.
G. User Submissions
Any material, information or other communication you transmit or post to this
Website will be considered non-confidential and non-proprietary
(“Communications”). BLACKTHORNE.COM™ will have no obligations with respect
to the Communications. BLACKTHORNE.COM™ and its designees will be free to
copy, disclose, distribute, incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied therein for any and
all commercial or non-commercial purposes. You are prohibited from posting or
transmitting to or from this Website any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material that would violate any law.
H. Applicable Law
This site is controlled by BLACKTHORNE.COM™ from its offices within the United
States of America. BLACKTHORNE.COM™ makes no representation that Materials in
the site are appropriate or available for use in other locations, and access to
them from territories where their content is illegal is prohibited. Those who
choose to access this site from other locations do so on their own initiative
and are responsible for compliance with applicable local laws. You may not use
or export the Materials in violation of U.S. export laws and regulations. Any
claim relating to the Materials shall be governed by the internal substantive
laws of the State of California.
I. Privacy Policy
BLACKTHORNE.COM´s
Privacy Policy - an overview.
BLACKTHORNE.COM™ is committed to protecting the privacy of its web site
visitors as well as that of its customers. This statement of BLACKTHORNE.COM's
Privacy Policy applies to data collection and usage at the BLACKTHORNE.COM™
web site and in connection with BLACKTHORNE.COM's services. Please note that
this policy applies to the BLACKTHORNE.COM™ website and BLACKTHORNE.COM's
products but not to other companies' or organization's Web sites to which we
link. Please note that by using our web site, and supplying BLACKTHORNE.COM™
with information when communicating with BLACKTHORNE.COM™ you have confirmed
that you have read this privacy policy, know about our intended use of the
information and agree to it.
What
information is gathered.
General information about usage of our web site is collected for our internal
research and development. This information has personal information attached to
it but under no circumstances will it willfully be made available to any third
party. General statistics based on our internal research may be made available
but with no personal information attached to it. Demographic and usage data from
BLACKTHORNE.COM's customers will be transferred into a research database. All
information will be stripped of personal information, name and email addresses.
How the
information is used. What BLACKTHORNE.COM
does to protect information gathered.
As stated above, BLACKTHORNE.COM™ may use information about you for internal
research and development. We are interested in assessing the number of visitors
to the different sections of our site, what information is of most and least
interest, determining technical design specifications, and identifying system
performance or problem areas. For site security purposes and to ensure that this
service remains available to all users, BLACKTHORNE.COM™ uses software
programs to monitor network traffic to identify unauthorized attempts to upload
or change information, or otherwise cause damage. Your personal information will
never be willfully distributed to a third party, but information in the
aggregate, such as demographic information may be made available to our
customers, partners, developers and others through static or semi-static
reports. All information made available to any third party will be stripped of
personal information and cannot be traced back to individuals. BLACKTHORNE.COM™
may have access to the content of its customers' communications. We will not
open, read or provide third party with access to this content without a court
order, and never without informing the customer of such a court order.
How
to correct inaccuracies.
If you request further information about BLACKTHORNE.COM's products or sign up
to use an BLACKTHORNE.COM™ product you may be asked to provide specific
information. We may send you a confirmation e-mail confirming your new account
or service. The message will be sent to the address that you supplied us and
will describe ways for you to change or delete the account information provided.
BLACKTHORNE.COM™ welcomes questions and comments from our web site visitors
and customers.
Changes
to this Privacy Policy.
BLACKTHORNE.COM™ may make changes to this Privacy Policy and therefore we
recommend that our visitors and customers re-read this privacy policy from time
to time.
J. Copyright and Trademark Notices
Copyright © BLACKTHORNE.COM™ and/or its licensors, 1997-<%Response.Write Year(Now)%>
, All Rights Reserved. BLACKTHORNE.COM™ and the BLACKTHORNE.COM™ logo, are
trademarks of BLACKTHORNE.COM™. Other product and company names mentioned
herein may be the trademarks of their respective owners.
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