Terms
of Use
Last updated on August 1, 2006
Please read the Terms of
Use carefully before accessing or using this Site.
ACCEPTANCE OF TERMS
By using our Services, or
by accessing or using this Site in any way, including downloading
Materials or merely browsing the Site (capitalized terms defined
below), you agree to and are bound by the terms and conditions set
forth in this document and in any changes thereto that SE Jones may
publish from time to time (collectively, the "Terms of Use").
If you do not agree to all
of the terms and conditions contained in the Terms of Use, do not
register for our Services, and do not access or use this Site.
SE Jones may change the
Terms of Use and other guidelines and rules posted on the Site from
time to time at its sole discretion. Your continued access or use of
the Site, or any Materials or Services, constitutes your acceptance
of the changes. Your access
and use of the Site, Materials and Services will be subject to the
most current version of the Terms of Use, rules and guidelines
posted on the Site at the time of such use. Please regularly check
the "Terms of Use" link on the home page of SEBB.com to view the
then-current terms. If you breach any of the Terms
of Use, your authorization to access or use this Site, Services and
Materials automatically terminates, and any Materials downloaded or
printed from the Site in violation of the Terms of Use must be
immediately destroyed.
THE SITE
SE Jones LLC, its
affiliates and agents ("SE Jones") make this Web site and all other
websites of SE Jones LLC with links to the Terms of Use
(collectively, the "Site"), and the Materials and Services,
available for your access and use subject to the Terms of Use.
"Materials" means all information, data, documents (e.g. white
papers, press releases, datasheets, FAQs, presentations, flowcharts,
checklists, newsletters etc.), communications, downloads, files,
text, images, photographs, graphics, videos, webcasts, publications,
content, tools, resources, software, code, including programs,
tools, utilities, files and otherwise, and accompanying
documentation, and products made available or enabled via the Site
by SE Jones or users of this Site. "Services" means all services and
resources offered or enabled via the Site by SE Jones and users of
this Site, including download areas, developer tools services,
product and other information services and communications services
such as bulletin boards, calendars, chat areas, communities, e-mail,
forums (including lab and user to user forums), newsgroups, personal
webpages, photo albums and other message or communication facilities
designed to enable you to communicate with others (collectively,
"Communications Venues"). All Materials provided by SE Jones are
referred to collectively as " SE Jones Materials". All user-supplied
Materials are referred to collectively as "User Materials". Certain
Services may involve collaboration and file-sharing services among a
specified group. Materials posted by users in such group in
conjunction with such collaboration and file-sharing Services are
referred to collectively as "Shared Content". The group of persons
among which such collaboration and file sharing involving Shared
Content takes place is referred to herein as the "Work Group". All
User Materials that are not Shared Content shall be referred to
herein as "User Content". SE Jones Materials and User Materials may
have different restrictions and conditions associated with them
under the Terms of Use and other guidelines and rules posted via the
Site.
INTELLECTUAL PROPERTY;
LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Materials and
Services, as well as their selection and arrangement, are protected
by copyrights, trademarks, patents, trade secrets and all other
intellectual property and proprietary rights (collectively,
"Intellectual Property Rights"), and any unauthorized use of the
Materials or Services may violate such laws and the Terms of Use.
Except as expressly provided herein, SE Jones and its suppliers do
not grant any express or implied rights to use the Materials and
Services. You agree not to copy, republish, frame, download,
transmit, modify, adapt, create derivative works based on, rent,
lease, loan, sell, assign, distribute, display, perform, license,
sublicense or reverse engineer the Site, Materials or Services, any
portions of the Site, Materials or Services or the selection and
arrangement of the Site, Materials or Services, except as expressly
authorized herein. In addition, you agree not to use any data
mining, robots or similar data gathering and extraction methods in
connection with the Site, Services or Materials.
The trademarks, logos and
service marks ("Marks") displayed on this Site are the property of
SE Jones LLC or other third parties. You are not permitted to use
the Marks without the prior written consent of SE Jones LLC or such
third party that may own the Marks. SE Jones, SE Jones logo and the
SEBB logo are trademarks of SE Jones LLC.
USE OF SITE AND SERVICES
You shall pay all costs
and charges, including phone charges and telecommunications
equipment costs, that you incur in order to access or use the Site,
Services and Materials. You must adhere to all limitations on
dissemination, usage and reproduction of any Materials that you
download from the Site that are subject to such limitations. You
agree to use the Services only to access, download, utilize, post,
send or receive Materials in an appropriate manner as related to the
particular Materials or Services being accessed or used by you. As
some examples of improper activities when accessing or using the
Site, Services or Materials, you agree that you shall not:
-
Collect, harvest, mine
or engage in any other activity to obtain e-mail addresses, phone
numbers, personal information or any other information about
others.
-
Use or attempt to gain
access to or use another's account, password, Service, Materials
or computer systems or networks connected to any SE Jones server
or to the Site without authorization from SE Jones, whether
through hacking, password mining or any other means.
-
Remove or falsely add
to any uploaded Materials any copyright, trademark or other legal
or proprietary rights notices, author attributions or other
information such as origin or source of the Material.
-
Access or attempt to
access any Material that you are not authorized to access or
Materials through any means not intentionally made available
through the Site or Services.
-
Make available any
files containing Materials where you do not own or control, or
have not received the necessary licenses to, all Intellectual
Property Rights, rights of privacy and publicity and all other
rights in and to such Materials.
-
Use any Materials in
any manner that infringes any Intellectual Property Rights or
other rights of any party.
-
Disrupt or interfere
with the security of, or otherwise cause harm to, the Site, or any
Services, Materials, systems resources, accounts, passwords,
servers or networks connected to or accessible through the Site or
any affiliated or linked sites.
-
Transmit unsolicited or
bulk communications to any SE Jones account holder or to any
SEJones.com, SEBB.com or affiliated e-mail address.
-
Post or otherwise
submit any software, programs or files that are harmful or
disruptive of another’s equipment, software or other property,
including any corrupted files, time bombs, Trojan horses, viruses
and worms.
-
Create a false identity
for the purpose of misleading others.
-
Download any Materials
posted by another that you know, or reasonably should know, cannot
be legally reproduced, distributed, performed or displayed in such
manner.
-
Disrupt, interfere or
inhibit any other user from using and enjoying the Site or other
affiliated or linked sites, Materials or Services.
-
Breach any guidelines
or other codes of conduct applicable to a particular Service or
Materials.
-
Access or use the Site
in any manner that could damage, disable, overburden or impair any
SE Jones server or the network(s) connected to any SE Jones
server.
-
Violate any applicable
laws or regulations related to the access to or use of the Site,
or engage in any activity prohibited by the Terms of Use.
-
Post or otherwise
submit any topic, name, material or information that is child
pornography, defamatory, excessively violent, harassing,
inappropriate, indecent, lascivious, lewd, obscene, profane,
racist, unlawful, or otherwise objectionable.
-
Prepare, compile, use,
download or otherwise copy any Site user directory or other user
or usage information or any portion thereof, or transmit, provide
or otherwise distribute (whether or not for a fee) such directory
or information to any third party.
-
Engage in any chain
letters, contests, junk e-mail, pyramid schemes, spamming, surveys
or any other duplicative or unsolicited messages (commercial or
otherwise).
-
Violate the rights of
SE Jones or any third party (including rights of privacy and
publicity) or abuse, defame, harass, stalk or threaten another.
-
Use any SE Jones domain
name as a pseudonymous return e-mail address.
-
Market any goods or
services for any business purpose (including advertising and
making offers to buy or sell goods or services), unless
specifically allowed to do so by SE Jones.
When using Services or
Materials, you will be subject to any posted guidelines, rules or
licenses applicable to such Services or Materials, in addition to
the Terms of Use. Materials and Services provided by third parties
(collectively, the "Third-Party Services") are governed by separate
agreements accompanying such Materials and Services. SE Jones offers
no guarantees and assumes no responsibility or liability of any type
with respect to the Third-Party Services, including any liability
resulting from incompatibility between a Third-Party Service, SE
Jones Materials, SE Jones provided Services or another Third-Party
Service. You agree that you will not hold SE Jones responsible or
liable with respect to the Third-Party Services.
Certain Services and
Materials will only be made available to users who have paid SE
Jones a fee for such Services and Materials. Such users may
additionally be required to enter into a subscription agreement or
other use agreement for that particular Service or Material. In
addition to these Terms of Use, users of any Services that include
Communications Venues may be required, in SE Jones’ sole discretion,
to agree to a separate legal agreement on the Site or otherwise.
Your access to such Communications Venues will be denied for
violation of either the Terms of Use or the applicable agreement.
SE Jones, in its sole
discretion, may (but has no obligation to) monitor or review the
Materials and Services at any time. SE Jones may at any time without
notice and in its sole discretion: (a) terminate a Service, access
to or use of any Materials or an area of the Site where Materials
are posted or submitted; and (b) disclose any information related to
your use of a Service or Material, or the substance of any of your
posted or submitted Materials, as SE Jones deems necessary to comply
with applicable law, regulation, legal process or governmental
request. You agree to use extra care when disclosing any personally
identifiable information about yourself or your children in any
Services or when you post or otherwise submit any Materials.
If you are required to
establish an account in connection with a particular Service or
Material, you must complete the designated registration process for
such Service or Material. All required registration information that
you provide must be current, complete and accurate and kept up to
date on a prompt, timely basis. If required, you must also choose a
user name and password for such account. It is your sole
responsibility to keep your account number, user name, password and
other sensitive information confidential. If you become aware of any
unauthorized use of your account or any other breach of security,
you shall notify SE Jones immediately. If any Services or Materials
provide password-restricted access to your sensitive information
(including customer lists and contractual terms), then by accessing
or using this Site and setting up a password-restricted account for
such Services or Materials, you consent to SE Jones’ display of such
information via such Services or Materials and accept all risks of
unauthorized access to such information.
USE OF MATERIALS
Materials that are made accessible
via the Site are the copyrighted and patented work of SE Jones or
its suppliers. Use of such Materials is governed by the terms of the
license agreement that accompanies or is included with the Software,
or by the license agreement expressly stated on the Site page(s)
accompanying the Materials. However, other terms and licenses may
only be posted with the Materials downloads or at the Site page
where the Materials can be accessed. You will not be able to use,
download or install any Materials that is accompanied by or includes
a license agreement unless you agree to the terms of such license
agreement. Absent a license agreement that accompanies the
Materials, use of the Materials will be governed by the Terms of
Use. You agree that you will not decompile, reverse engineer or
otherwise attempt to discover the source code of the Materials. The
Materials is made available solely in accordance with the license
agreement. Without limiting the foregoing, unless the accompanying
license agreement expressly allows otherwise, any copying or
redistribution of the Materials is prohibited, including any copying
or reproduction of the Materials to any other server or location for
further reproduction, redistribution or use on a service bureau
basis. Any unauthorized
use, copying or distribution of the Materials
is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent possible.
Any Materials which is
downloaded from or made available via the Site 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.
USE OF SE JONES MATERIALS
AND USER CONTENT
Except as indicated to
the contrary elsewhere on this Site, you may view, download, and
print the SE Jones Materials and User Content available on this Site
subject to the following conditions:
-
The SE Jones Materials
and User Content may be accessed and used solely for personal,
informational, non-commercial and internal purposes.
-
The SE Jones Materials
and User Content may not be modified or altered in any way.
-
The SE Jones Materials
and User Content on the Site may not be distributed or sold,
rented, leased, licensed or otherwise made available to others.
-
You may not remove any
copyright or other proprietary notices contained in the SE Jones
Materials and User Content.
-
You may not copy or
distribute any graphics in the SE Jones Materials or User Content
apart from their accompanying text.
-
You will not quote or
display SE Jones Materials or User Content, or any portions
thereof, out of context.
-
SE Jones reserves the
right to revoke the authorization to view, download and print the
SE Jones Materials and User Content available via this Site at any
time, and any such use shall be discontinued immediately upon
notice from SE Jones.
-
The rights granted to
you constitute a license and not a transfer of title.
-
SE Jones Materials and
User Content comprised of Software are subject to the additional
provisions governing Software set forth herein.
-
Any SE Jones Materials
or User Content made available only upon payment of a fee or
execution of a separate agreement may only be viewed, downloaded
and printed subject to your payment of such fee or execution of
such separate agreement.
-
Any SE Jones Materials
or User Content acquired upon your execution of a required
separate agreement shall be provided with the additional rights
and obligations set forth in that agreement, and your rights to
such SE Jones Materials or User Content shall immediately
terminate if you fail to meet your obligations under or otherwise
comply with such agreement or the terms and conditions of the
Terms of Use.
Use of the SE Jones
Materials or User Content for any other purpose is expressly
prohibited and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
The rights specified
above to view, download and print the SE Jones Materials and User
Content available on this Site are not applicable to the design,
layout or look and feel of this Site. Such elements of the Site are
protected by law, including trade dress, trademark, unfair
competition and other laws, and may not be copied or imitated in
whole or in part. No Mark, graphic, sound or image from the Site may
be copied or retransmitted unless expressly permitted by SE Jones.
In addition, various sections of the Site may showcase the work of
creative professionals. Such Materials (whether SE Jones Materials
or User Content) belong to their creators, may be protected by
Intellectual Property Rights and are for display purposes only.
Accordingly, you may not download or print these works unless there
is a notice associated with the work expressly permitting such uses.
USE OF SHARED CONTENT
Members of a Work Group
may use the Shared Content available to such Work Group in any
manner that has been agreed upon by the user providing such Shared
Content. It is your sole responsibility to discuss with others in
your Work Group and determine what limitations, if any, are placed
on your use of the Shared Content distributed within your Work
Group. If you obtain access to materials created or used by others
outside of your Work Group, you have no right to use such materials
in any way. You also acknowledge and agree that SE Jones has no
liability of any kind should members of your Work Group modify,
destroy, corrupt, copy or distribute your Shared Content, or violate
the Terms of Use or other limitations that you may impose on the use
of your Shared Content.
SUBMITTED MATERIALS
All of your User
Materials that you post on or otherwise submit via the Site and
Services shall not be confidential information or trade secrets
owned by you or any other party. You will receive no compensation
for any use of your User Materials. SE Jones may, but is not
required to, post or use any of your User Materials that you may
post or otherwise submit. SE Jones does not pre-screen User
Materials that users provide or otherwise submit via the Site or
Services; however, SE Jones may remove any posted or submitted User
Materials from the Site or any Service for any reason without notice
in its sole discretion. By posting or submitting your User
Materials, you represent and warrant that you own or otherwise
control all of the Intellectual Property Rights and other rights to
your User Materials as described in these Terms of Use, including
all the rights necessary for you to post or submit your User
Materials.
In addition, by posting
or otherwise submitting your User Materials that contain images,
photographs, pictures, videos, webcasts or that are otherwise
graphical in whole or in part ("Images"), you represent and warrant
that: (a) you own the copyright in such Images, or that you have
obtained all necessary license(s) from the copyright owner(s) of
such Images to use such Images, or portions thereof, in keeping with
your use in connection with the Site, the Services and as otherwise
permitted by these Terms of Use; (b) you have the rights necessary
to grant the licenses and sublicenses described in these Terms of
Use; and (c) you have received consent from any and all persons
depicted in such Images to use the Images as set forth in these
Terms of Use, including the distribution, public display, public
performance and reproduction of such Images. By posting or otherwise
submitting Images, you grant to SE Jones and all other users of this
Site permission to use your Images in connection with their use
permitted by these Terms of Use (including making prints and gift
items incorporating such Images), including an unrestricted,
irrevocable, non-exclusive, worldwide, royalty-free and fully paid
up license under all Intellectual Property Rights to copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, translate, transmit and reformat your Images, with or
without having your name attached to such Images, in any manner or
form and for any purpose, with full rights to sublicense such rights
through multiple tiers of distribution. You will receive no
compensation with respect to the use of your Images.
You are solely and
entirely responsible for all of your User Materials that you post or
otherwise submit via the Site or Services. You shall assume all
risks associated with the use of your User Materials including any
reliance on the accuracy, completeness or usefulness of your User
Materials. SE Jones does not guarantee the accuracy, integrity or
quality of your User Materials. You acknowledge and agree that by
accessing or using the Site or Services, you may be exposed to User
Materials from others that are offensive, indecent or otherwise
objectionable.
SE JONES’ RIGHTS TO
SUBMITTED USER MATERIALS
For all of your User
Materials that you post or otherwise submit to the Site, including
(a) comments to Communications Venues, (b) feedback, (c) bug
reports, (d) piracy reports or (e) product suggestions, you grant SE
Jones and the users of this Site an unrestricted, irrevocable,
non-exclusive, worldwide, royalty-free and fully paid up license
under all Intellectual Property Rights to use, reproduce, publicly
display, publicly perform, copy, edit, modify, translate, reformat,
transmit and distribute such User Materials, with or without having
your name attached to such Images, in any manner or form and for any
purpose, with full rights to sublicense such rights through multiple
tiers of distribution, and you also acknowledge and agree that SE
Jones is free to use any ideas, concepts, know-how or techniques
that you provide for any purpose without any compensation to you.
You acknowledge and agree that SE Jones shall not be liable for any
failure to store User Materials on the Site at any time.
RESTRICTION AND
TERMINATION OF USE
SE Jones may block,
restrict, disable, suspend or terminate your access to all or part
of the Site, Services and Materials at any time in SE Jones’ sole
discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY
SITES
The Site, Services or
Materials may include links that will take you to other sites
outside of the Site ("Linked Sites"). The Linked Sites are provided
by SE Jones to you as a convenience and the inclusion of the links
do not imply any endorsement by SE Jones of any Linked Site. SE
Jones has no control of the Linked Sites and you therefore
acknowledge and agree that SE Jones is not responsible for the
contents of any Linked Site, any link contained in a Linked Site or
any changes or updates to a Linked Site. You further acknowledge and
agree that SE Jones is not responsible for any form of transmission
(e.g. webcasting) received from any Linked Site.
WARRANTIES AND
DISCLAIMERS
THE SITE, SERVICES AND
MATERIALS, ARE PROVIDED BY SE JONES UNDER THESE TERMS OF USE "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, SE JONES MAKES NO WARRANTY
THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR
REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE
SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE
SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND
MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. SE JONES MAY MAKE CHANGES TO THE SITE,
MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND
WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE,
AND SE JONES MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND
SERVICES.
YOU ACKNOWLEDGE AND AGREE
THAT: (i) SE JONES DOES NOT CONTROL, ENDORSE, OR ACCEPT
RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD
PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKED SITES; (ii) SE JONES MAKES NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS
OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES
ARE AT YOUR OWN RISK; AND (iv) SE JONES SHALL NOT BE LIABLE OR
RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
SE JONES DOES NOT CONTROL
OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY
DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY
ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND
PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND
OTHER THIRD PARTIES ARE NOT AUTHORIZED SE JONES SPOKESPERSONS, AND
THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF SE JONES. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, SE JONES WILL HAVE NO LIABILITY
RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY
RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SE JONES
ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS,
MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
THE USE OF THE SITE,
SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS
OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SE JONES
ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR
SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR
IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SE JONES
OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE. SE JONES WILL NOT BE LIABLE
FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING
YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR
MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY
IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS
This Site can be accessed
from countries around the world and may contain references to SE
Jones products, services and programs that are not available in your
country. These references do not imply that SE Jones intends to
announce such products, services or programs in your country. The
Site is controlled, operated and administered by SE Jones LLC from
its offices within the United States of America. SE Jones makes no
representation that the Site, the Services or Materials are
appropriate or available for use at other locations outside the
United States, and access to the Site from territories where the
Site, the Services or Materials are illegal is prohibited. If you
access the Site from a location outside the United States, you are
responsible for compliance with all local laws. See the section on
export control laws below for further information.
PERSONAL INFORMATION AND
PRIVACY
SE Jones will use and protect your
data, such as your name and address, in accordance with the SE Jones
Online Privacy Policy, the
contents of which are incorporated by reference into the Terms of
Use. Please be aware that your browser must be enabled to accept
cookies in order for you to use certain Materials and Services or to
purchase from the SE Jones online store.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SE
JONES, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND,
OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF SE
JONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES,
AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM
ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR
THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2)
THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE,
SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD
PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO
STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY
SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS
SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF COPYRIGHT
INFRINGEMENT
SE Jones will, in
appropriate circumstances, terminate the accounts of users who
infringe the Intellectual Property Rights of others. SE Jones will
investigate notices of copyright infringement and take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA"). If you believe that your
work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on this Site or on
sites linked to from this Site or in connection with the Services or
Materials, please provide, pursuant to the DMCA, written
notification of claimed copyright infringement to the Designated
Agent for this Site (identified below), which must contain the
following elements:
-
A physical or
electronic signature of the person authorized to act on behalf of
the owner of the copyright interest that is alleged to have been
infringed;
-
A description of the
copyrighted work or works that you claim have been infringed and
identification of what content in such work(s) is claimed to be
infringing and which you request to be removed or access to which
is to be disabled;
-
A description of where
the content that you claim is infringing is located on the SE
Jones site;
-
Information sufficient
to permit SE Jones to contact you, such as your physical address,
telephone number, and e-mail address;
-
A statement by you that
you have a good faith belief that the use of the content
identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
-
A statement by you that
the information in your notice is accurate and, under penalty of
perjury, that you are the copyright owner or authorized to act on
the copyright owner's behalf.
SE Jones' Designated
Agent for Notice of claims of copyright infringement can be reached
as follows:
By mail:
SE Jones LLC
4853 Cordell Avenue
Suite 1109
Bethesda, MD 20814
ATTN: Copyright Infringement Claims
By telephone:
(301) 580-4064
By fax:
(301) 576-5272
By e-mail:
copyright@sejones.com
The
Designated Agent should be contacted only if you believe that your
work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on the Site or on
sites linked to from the Site or in connection with the Services or
Materials.
All other inquiries directed to the Designated
Agent will not be responded to.
UNSOLICITED IDEA
SUBMISSION POLICY
Any unsolicited ideas,
including ideas for advertising campaigns, promotions, products,
technologies, processes, materials, marketing plans or product
names, that are sent to SE Jones for consideration via this Site, SE
Jones’ Materials or SE Jones’ Services shall not be considered or
accepted by SE Jones, nor deemed confidential or proprietary
information (including any original creative artwork, samples, demos
or other works presented in connection therewith).
SPAM E-MAIL AND POSTINGS
In the event of your or
others’ access to or use of the Site, Services or Materials in
connection with the transmission of spam newsgroup postings or
unsolicited e-mail in violation of these Terms of Use, you
acknowledge and agree that SE Jones would be irreparably harmed
thereunder and that monetary damages would be an insufficient and
ineffective remedy; therefore you agree that SE Jones is entitled to
obtain immediate injunctive relief against any such transmission (in
addition to all other remedies available at law or in equity). SE
Jones may without restriction block, filter or delete unsolicited
e-mail.
ADVERTISEMENTS AND
PROMOTIONS
SE Jones may run
advertisements and promotions from third parties via the Site,
Services or Materials in any manner or mode and to any extent. Your
communications, activities, relationships and business dealings with
any third parties advertising or promoting via the Site, Services or
Materials, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, shall be solely
matters between you and such third parties. You acknowledge and
agree that SE Jones is not responsible or liable for any loss or
damage of any kind incurred as the result of any such dealings or as
the result of the presence of such non-SE Jones advertisers on the
Site or in connection with the Services or Materials.
FORWARD-LOOKING
STATEMENTS DISCLAIMER
This Site may now, or
hereafter from time to time, contain certain statements or
information with respect to: (i) the projection of SE Jones'
revenues, operating margin, income, tax rate, earnings per share,
capital expenditures, dividends, share count, capital structure, or
other financial items; (ii) the plans, objectives, or projections of
SE Jones for future operations, including those relating to the
products or services of SE Jones; (iii) SE Jones' future economic
performance; (iv) assumptions underlying or relating to any of the
foregoing statements or information; and (v) any other projections,
estimates, or forward-looking statements. All such statements and
information are forward-looking statements within the meanings of
Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. Such forward-looking statements are
based upon, or will be based upon, SE Jones’ judgment with respect
to future events and are subject to a number of uncertainties and
risks that could cause actual results or circumstances to differ
materially from those expressed in the forward-looking statements.
SE Jones wishes to caution you that such forward-looking statements
are only predictions and that actual events or results may differ
materially. SE Jones does not undertake an obligation to update
forward-looking statements.
EXPORT CONTROL LAWS;
NOTICE TO U.S. GOVERNMENT USERS
The export and re-export
of SE Jones Software are controlled by the United States Export
Administration Regulations, and such Software may not be exported or
re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any
country to which the United States embargoes goods. In addition, the
Software may not be distributed to persons on the Table of Denial
Orders, the Entity List, or the List of Specially Designated
Nationals.
By downloading Software,
you are certifying that you are not a national of Cuba, Iran, Libya,
North Korea, Sudan, Syria or any country to which the United States
embargoes goods, and that you are not a person on the Table of
Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
All SE Jones Software,
products and publications are commercial in nature. The Software and
documentation available on this Site are "Commercial Items," as that
term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation,"
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are
licensed to U.S. Government end users (A) only as Commercial Items
and (B) with only those rights as are granted to all other users
pursuant to the Terms of Use and the applicable license agreement.
INDEMNITY AND LIABILITY
You agree to indemnify
and hold SE Jones and its officers, co-branders, other partners and
employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of:
(a) your User Materials and any other content (e.g. computer
viruses) that you may submit, post to or transmit through the Site
(including a third party’s use of such User Materials or content
(e.g. reliance on the accuracy, completeness or usefulness of your
User Materials)); (b) your access to or use of the Site, Services or
Materials (including any use by your employees, contractors or
agents and all uses of your account numbers, user names and
passwords, whether or not actually or expressly authorized by you,
in connection with the Site or any Services or Materials); (c) your
connection to the Site, Services or Materials; (d) your violation of
the Terms of Use; (e) the actions of any member of your Work Group;
(f) your infringement of any third party’s Intellectual Property
Rights when using any of the Software made available on the Site,
Services or in any Materials; (g) your violation of any rights of
any third party; (h) your access to or use of Linked Sites and your
connections thereto; or (i) any dealings between you and any third
parties advertising or promoting via the Site, Services or
Materials.
GOVERNING LAW AND
JURISDICTION
This Site (excluding
linked sites) is controlled by SE Jones LLC from its offices within
the state of California, United States of America. By accessing this
Site, you agree that all matters relating to your access to, or use
of, this Site shall be governed by the statutes and laws of the
State of California, without regard to the conflicts of laws
principles thereof. The parties specifically disclaim the U.N.
Convention on Contracts for the International Sale of Goods. You
also agree and hereby submit to the exclusive personal jurisdiction
and venue of the Superior Court of Santa Clara County and the United
States District Court for the Northern District of California with
respect to such matters.
LANGUAGE
It is the express wish of
the parties that the Terms of Use and all related documents have
been drawn up in English. C'est la volonté expresse des parties que
la présente convention ainsi que les documents qui s'y rattachent
soient rédigés en anglais.
GENERAL
The Terms of Use and
other rules, guidelines, licenses and disclaimers posted via the
Site or in connection with the Materials and Services constitute the
entire agreement between SE Jones and you with respect to your
access to or use of the Site, Materials and Services superseding any
prior agreements between you and SE Jones on such subject matter
(including any prior versions of the Terms of Use). Notwithstanding
the foregoing, to the extent that any terms set forth in the Terms
of Use expressly contradict any terms of a written agreement between
you and SE Jones regarding the use of specific Services or Materials
(including Service-specific terms of use and Software-specific
licenses) ("Executed Agreement"), such contradictory terms set forth
in the Executed Agreement shall govern. You may also be subject to
additional terms and conditions that may apply when you use other SE
Jones services, third party content or third party software. You may
not assign or otherwise transfer the Terms of Use nor any right
granted hereunder without SE Jones’ prior written consent. If for
any reason a court of competent jurisdiction finds any provision of
the Terms of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as
to effect the intent of the parties as reflected by that provision,
and the remainder of the Terms of Use shall continue in full force
and effect. Any failure by SE Jones to enforce or exercise any
provision of the Terms of Use or related right shall not constitute
a waiver of that right or provision. The section titles used in the
Terms of Use are purely for convenience and carry with them no legal
or contractual effect. |
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