TERMS OF USE
1. Agreement.
By using this web site (the "Site"), you agree to be bound by all of the terms and conditions of these Terms of Use (the “Agreement”). If you do not agree to abide by and be bound by the terms and conditions set forth in this Agreement, immediately terminate your use of the Site.
2. Services.
The Site is owned and operated by 2JSystems LLC ("2JSystems") for personal noncommercial use only and contains materials which have been developed, in whole or in part, from materials supplied and owned by 2JSystems and other sources, and is protected by copyright, trademark and other applicable laws. 2JSystems may, in its sole discretion, terminate your use of the Site with or without notice and without cause.
3. Rules.
As a condition of your use of the Site, you may not:
a. Use the Site for commercial purposes – i.e. you may not resell access to the Site.;
b. Post or transmit any unlawful, defamatory, obscene, pornographic or other offensive materials, including any posting which would solicit or encourage, in 2JSystems’s sole discretion, the committal of a crime or other act contrary to local, state or federal laws;
c. Modify, copy, distribute, transmit or sell any software, service or product, which is derived from the information contained within the Site;
d. Use the Site in any manner that could damage or cause disruption to 2JSystems’s server or any networks connected to 2JSystems’s server or which would otherwise interfere with the use of the Site by another party;
e. Use the Site to gain unauthorized access (i.e., hack) to any accounts, networks or computer systems operated by 2JSystems or affiliated with 2JSystems or any third-party link;
f. Utilize the Site for any purpose which is intended to gain access to information or data to which access is not implied or specifically authorized by use of the Site;
g. Use the Site in connection with junk mail, spamming, unsolicited e-mail messages, private, commercial or otherwise;
h. Upload any files containing viruses, trojan horses, worms, time bombs or any other corrupted file that may damage the operation of the Site, 2JSystems’s computers, networks or the computers and networks of its suppliers, or the computers of any other user of the Site;
i. Advertise for sale any product, service or other tangible or intangible item on the Site or the purchase of said product or service, or other tangible or intangible item, on the Site;
j. Violate any local, state or federal law regulating the use or access of the Site; or
k. Intentionally mislead 2JSystems or any other user of the Site by having created a false name or pseudonym.
4. Privacy Protection.
All software accessible for download from the Site is the copyrighted possession of 2JSystems and its use is subject to a License Agreement ("License Agreement") applicable to any end user. Until such time as your acceptance of the terms and conditions of a License Agreement, you shall not be authorized to install any such software. Any copying, reproduction or distribution of such software, without compliance with the applicable License Agreement, is prohibited and such action will be subject to enforcement action taken by 2JSystems. Copying, reproduction and/or redistribution of 2JSystems software may only be completed in accordance with the applicable License Agreement.
5. Disclaimer (Content).
The information on the Site is not intended to constitute advice and shall only be relied upon by you at your own risk. 2JSystems does not guarantee the accuracy or completeness of any information posted on the Site. Any information relied upon by you should be independently verified for accuracy. Be advised that 2JSystems reserves the right to change the content of the Site at any time without prior notice.
6. Disclaimer (Warranties).
THE MATERIALS WITHIN THE SITE AND THE MATERIALS OF ANY THIRD PARTIES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 2JSystems EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, PROJECTED INCOME, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. 2JSystems MAKES NO WARRANTY WITH RESPECT TO THE FUNCTIONALITY OF THE MATERIALS AND PRODUCTS CONTAINED HEREIN OR THAT SUCH MATERIALS AND PRODUCTS SHALL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT SUCH MATERIALS AND PRODUCTS WILL BE FREE FROM CORRECTABLE DEFECTS OR THAT THE SITE OR ANY THIRD-PARTY LINKS SHALL BE FREE FROM VIRUSES. YOU AGREE THAT YOU ARE USING THE SITE AT YOUR OWN RISK AND WITHOUT RELIANCE ON ANY STATEMENT, ACT OR OMISSION OF 2JSystems WITH RESPECT TO THE SITE OR THE USE OF THE SITE.
7. Limitation of Liability.
2JSystems, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL OTHER INDIVIDUALS OR ENTITIES REPRESENTING 2JSystems OR AFFILIATED WITH 2JSystems AND ANY SUPPLIERS OF 2JSystems SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE OPERATION OF THE SITE OR THE FAILURE OF THE SITE TO OPERATE, ANY INFORMATION, SOFTWARE, PRODUCTS, THIRD-PARTY LINKS AND SERVICES OBTAINED THROUGH THE SITE, OR ARISING OUT OF THE USE OF THE SITE, INCLUDING ANY THIRD-PARTY LINKS. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION OF ANY KIND, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, AND WHETHER OR NOT 2JSystems HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. YOU AGREE THAT 2JSystems, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, INCLUDING ITS SUPPLIERS, SHALL NOT BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, INCLUDING YOURSELF. THE EFFECT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE RIGHTS THAT YOU HAVE PURSUANT HERETO MAY VARY FROM STATE TO STATE. CERTAIN STATES DO NOT PERMIT LIMITATIONS, AS SET FORTH HEREIN, AND, AS SUCH, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
8. Information and Data Submitted by User.
Any information, data, ideas, postings which you submit to the Site ("Submissions") shall be the subject of an irrevocable and perpetual license granted by you to 2JSystems in order for 2JSystems’s use of your Submission in any manner as 2JSystems sees fit, including, but not limited to, 2JSystems’s incorporation of your Submission into the proprietary products of 2JSystems. Under such circumstance, you shall not be entitled to any compensation whatsoever from 2JSystems for 2JSystems’s use of your Submission.
9. Monitoring.
You acknowledge that this is a non-monitored site; provided, however, that 2JSystems may from time to time monitor the Site and, as a result, take such action, including, but not limited to, removing information and data from the Site and terminating, temporarily or permanently, any user’s access to the Site. Such action may be taken at any time and without notice in 2JSystems’s sole discretion.
10. Modification.
2JSystems reserves the right to modify, change, amend or discontinue entirely all or any portion of the Site without notice and without regard to the effects that such modification, change, amendment or discontinuance may have on you or any other user. Under any of the above circumstances, 2JSystems shall incur absolutely no liability to you or any other user of the Site arising out of or related to such action.
11. Third-Party Links.
On occasion, 2JSystems may provide links to Internet web sites maintained by other parties ("Third-Party Links") which are related to the Site. Such Third-Party Links are provided for your convenience and unless otherwise explicitly stated do not represent 2JSystems’s acknowledgment, endorsement or any other approval with respect to such Third-Party Link. 2JSystems does not warrant the content of any Third-Party Link nor shall 2JSystems be responsible or liable for any Third-Party Link or any damage which occurs to you as the result of accessing a Third-Party Link. You acknowledge that 2JSystems in no way controls any information, data or other materials located at any Third-Party Link. Access to Third-Party Links is provided as a convenience only and, as with other software, data and information on the Site, is provided with no warranties, express or implied.
12. Termination and Amendment.
This Agreement, and the rights granted hereunder, may be terminated at any time by 2JSystems and without advance notice to you or any other user of the Site. In addition, 2JSystems reserves the right to amend this Agreement and modify, add or discontinue any aspect, content or feature of the Site at any time and without notice to you or any user of the Site.
13. Indemnification.
Upon acceptance of this Agreement, you agree to indemnify and hold harmless 2JSystems, its members, officers, directors, employees, agents and its suppliers from and against any and all claims, actions, causes of action, suits, damages, costs and expenses, including actual attorneys’ fees, arising out of or accruing from (a) any Submission posted by you which infringes or allegedly infringes upon the intellectual property right of a third party; (b) any false or misrepresented statement by you in connection with the use of the Site; or (c) any action brought by a third party against 2JSystems or the other parties to be indemnified hereunder, which in any way arises out of or relates to your access to the Site or your use of the Site.
14. Copyrights.
All materials contained within the Site are copyrighted, including, but not limited to, the design, text, software, technical drawings, graphics and illustrations. The contents of the Site may not be modified, copied, republished, reissued, downloaded or displayed without the express written consent of 2JSystems, which such consent may be unreasonably withheld. The use of the content of the Site, except as expressly provided for herein, is prohibited.
15. General.
a. The terms and conditions of this Agreement, their application and the rights and responsibilities as between you and 2JSystems shall be governed by the laws of the State of Wisconsin without regard to or application of choice of law principles. Any lawsuit or dispute arising out of or related to this Agreement or the Site shall be resolvedin a forum consisting of the Brown County Circuit Court in Green Bay, Wisconsin, and in no other forum.
b. If any part of this Agreement is found to be invalid by a court of competent jurisdiction, it shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.
c. This Agreement constitutes the entire agreement between yourself and 2JSystems with respect to the Site.