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This Terms of Use (these "Terms") govern your use of any web site owned by
Bridgeforce Inc., a Delaware corporation ("Bridgeforce").
Intellectual Property Rights
You acknowledge and agree that the intellectual property of
Bridgeforce is and shall remain the sole property of Bridgeforce and your use of
Bridgeforce's web site shall not confer on you any right of ownership or license
rights in Bridgeforce's intellectual property. In particular, any and all text,
graphics, audio, designs, software and other works on a Bridgeforce web site and
any reproductions of any of the foregoing (collectively, "Works") are the
copyrighted works of Bridgeforce or its third party suppliers or alliance
partners. Any use of any Works, including reproduction, modification,
distribution or republication, without the prior written permission of its
respective owner is strictly prohibited. Removing or changing the copyright
notice on any Works is prohibited. Bridgeforce™, and all page headers, graphics,
logos, button icons, service marks, trademarks and/or trade dress displayed on
the web site (collectively, the "marks") are the property of Bridgeforce or its
alliance partners. You may not use the marks for any purpose except with the
prior written consent of Bridgeforce or its respective owner.
Third Party Information.
Bridgeforce may from time to time provide links and
pointers to web sites maintained by third parties ("Third Party Sites") and may
from time to time provide third party material on its web site. Third Party
Sites and third party materials are provided as a convenience only. Bridgeforce
has not reviewed, and does not operate or control in any respect, any
information, products or services available on Third Party Sites, and
Bridgeforce is not responsible for any information provided at or the privacy
policies of any Third Party Sites. Bridgeforce makes no representations and
provides no warranties whatsoever concerning Third Party Sites, and the fact
that Bridgeforce has provided a link to any Third Party Site does not constitute
an endorsement, authorization, sponsorship or affiliation by Bridgeforce with
respect to such Third Party Site or its owners or providers or any products or
services mentioned or offered at the Third Party Site. Bridgeforce expressly
disclaims any responsibility for the content, the accuracy of the information
and/or quality of products or services provided by, advertised on, or sold
through, all Third Party Sites.
Disclaimer and Limitations.
BRIDGEFORCE PROVIDES EACH BRIDGEFORCE WEB SITE "AS IS" AND ON AN "AS AVAILABLE" BASIS AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, BRIDGEFORCE DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS LOCATED ON OR LINKED TO ANY OF BRIDGEFORCE'S WEB SITES. ACCORDINGLY, ALL CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON?INFRINGEMENT. IN NO EVENT SHALL BRIDGEFORCE BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BRIDGEFORCE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT , CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, ANY OF BRIDGEFORCE'S WEB SITES OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
You acknowledge that the above disclaimer and limitations reflect a fair allocation of risk between you and Bridgeforce and such allocation is reflected in the amount payable to Bridgeforce for your use of Bridgeforce's web site.
Miscellaneous
The validity, interpretation and performance of these Terms
shall be governed by and construed in accordance with the laws of the State of
Delaware, without regard to the conflict of law provisions of any jurisdiction.
The state and federal courts serving Newark County, Delaware shall have
exclusive jurisdiction over any case or controversy that may arise under,
related to or in respect of these Terms or your use of any Bridgeforce web site.
If any provision of these Terms is or become invalid or is ruled illegal by any
court of competent jurisdiction or is deemed unenforceable, the remainder of
these Terms shall not be affected thereby. A provision which is as similar as
possible in economic and business objectives as such invalid, illegal or
unenforceable provision, but which is valid, legal and enforceable, shall be
substituted in lieu of each such provision which is invalid, illegal, or
unenforceable. These Terms, together with the Privacy Statement, embody the entire understanding between User and
Bridgeforce and supersede any prior understanding and agreements between them
with respect to access to and use of any Bridgeforce web site. There are no
representations, agreements, arrangements or understandings, oral or written,
between you and Bridgeforce relating to the subject matter of these Terms which
are not fully expressed in these Terms. Except for amendments to the Privacy
Statement made from time to time (which changes will be posted on each
Bridgeforce web site), no change, modification, extension, termination or waiver
of these Terms, or any of the provisions contained in these Terms, shall be
valid unless made in writing and approved by User and a duly authorized
representative of Bridgeforce.
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