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Site Usage and Agreement
Thank you for visiting Digicon.com. The Digicon Corporate
Web site has been made available to you subject to your
compliance with the Site Usage and Agreement set forth below
(the "Site Usage and Agreement"). Please read this document
carefully before accessing or using the Digicon Corporate
Web site. By accessing or using this Web site, you are
agreeing to be bound by the Site Usage and Agreement. If you
do not wish to be bound by the Site Usage and Agreement, you
may not access or use the Web site.
Modification of Site Usage and Agreement
Digicon Corporation reserves the right to change the terms,
conditions, and notices at any time of the Site Usage and
Agreement, and such modifications shall be effective
immediately upon the posting of such changes. You are
therefore responsible for regularly reviewing this Site
Usage and Agreement and additional terms or notices posted
on the Digicon Corporate Web site. Your continued access of
this Web site shall be deemed your conclusive acceptance of
the modified agreement.
Privacy
Please review our
Privacy Policy, which also governs your visit to
www.digicon.com, to understand our practices regarding the use
and disclosure of your personal information.
Electronic Communications
When you visit Digicon.com or send e-mails to us, you are
communicating with us electronically, and thereby you are
consenting to receive communications from us electronically
or by other means available. We will communicate with you
electronically, by telephone, or by facsimile. It is further
understood that all agreements, notices, disclosures and
other communications we provide electronically satisfy any
legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this Web site, including but not
limited to: text, graphics, logos, button icons, Flash
movies, images, audio clips, digital downloads, data
compilations, and software, are the property of Digicon
Corporation, its content suppliers or clients and are
protected by Domestic and International copyright and
trademark laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute any portion
of the Web site contents without the prior express written
consent of Digicon Corporation.
You may print
or download portions of the materials from various areas of
this Web site solely for your own non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from the materials. If you
believe any content appearing on our Web site constitutes a
copyright infringement of another parties' rights, please
contact us immediately at
info.support@digicon.com to notify us of this
infringement.
Your
submissions of files including, but not limited to: resumes,
e-mail, flash movies, images, logos, audio loops, and other
software hereby constitutes your agreement to grant Digicon
Corporation a non-exclusive, royalty-free, worldwide,
sub-licensable, perpetual license, to reproduce, distribute,
transmit, modify, adapt, sub-license, and publicly display
any such submissions. You also grant Digicon Corporation the
right to use your name in connection with all advertising,
marketing and promotional materials related thereto.
License and Web site Access
Digicon Corporation grants you limited license to access and
make personal use of this Web site and not to download
(other than for page caching purposes) or modify it, or any
portion of it, except with the express written consent of
Digicon Corporation. This Web site or any portion of this
Web site may not be reproduced, duplicated, adapted, copied,
sold, resold, transmitted or otherwise exploited for any
commercial purpose without the express written consent of
Digicon Corporation. You may not frame, or use any framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, flash
movie, page layout, or form) of Digicon Corporation without
the express written consent of Digicon Corporation. You may
not use META tags or any other "hidden text" which utilize
Digicon.com, Centrivity®, Centrivity.com, Digicon
Corporation or any other derivative of our domain or company
name without the express written consent of Digicon
Corporation. You are hereby granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home
page of Digicon Corporation so long as the link does not
portray any false, misleading, derogatory, or otherwise
offensive matter.
It is further
understood and agreed that Digicon Corporation cannot and
does not guarantee or warrant that files made available for
downloading through the Digicon Corporation Web site will be
free of infection or viruses, worms, Trojan horses or other
code that manifests contaminating or destructive properties.
It is your responsibility for implementing sufficient
safeguards and procedures to ensure that any files obtained
through Digicon Corporation are free from such
contaminations.
Disclaimer of Warranty/Limitation of
Liability
THIS WEB SITE AND RELATED INFORMATION IS PROVIDED BY DIGICON
CORPORATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGICON
CORPORATION MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE
OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR
SOLE RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, DIGICON CORPORATION
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. DIGICON CORPORATION
DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL
SENT FROM DIGICON CORPORATION ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. DIGICON CORPORATION WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DIGICON
CORPORATION USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND
UP-TO-DATE INFORMATION ON THIS WEB SITE. DIGICON CORPORATION
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL
OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
Third-Party Links
Linked Web sites are not under the control of Digicon
Corporation and Digicon Corporation is not responsible for
the contents of any linked site or any link contained in a
linked site. Digicon Corporation provides links to you only
as a convenience, and the inclusion of any link does not
imply or constitute an endorsement by Digicon Corporation of
the site.
Applicable Law
By visiting the Digicon Corporate Web site, you agree that
the laws of the state of Maryland, without regard to
principals of conflict of laws, will govern this Site Usage
and Agreement and any dispute of any sort that might arise
between you and Digicon Corporation.
Disputes
Any dispute relating in any way to your visit or access of
the Digicon Corporate Web site or to the products or
services you purchase through the Digicon Corporation Web
site shall be submitted to binding arbitration in Montgomery
County, Maryland, except that, to the extent you have in any
manner violated or threatened to violate Digicon
Corporation’s intellectual property rights, Digicon
Corporation may seek injunctive or other appropriate relief
in any state or federal court in the state of Maryland, and
you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this Site Usage and Agreement
shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Site
Usage and Agreement shall be joined to an arbitration
involving any other party subject to this Site Usage and
Agreement, whether through class arbitration proceedings or
otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Digicon
Corporation, its officers, directors, owners, partners,
employees, agents, licensors, suppliers and any third-party
information provider to the Website from and against all
losses, expenses, damages and costs, including attorney's
fees, resulting from any violation of this Site Usage and
Agreement (including negligent or wrongful conduct) by you
or your use and access of the Digicon Corporate Web site.
International Use
Given the global nature of the Internet, you agree to comply
with all local rules including, without limitation, rules
about the Internet, data, e-mail, privacy, copyright, and
trademark infringement. Additionally, you agree to comply
with all applicable laws regarding the transmission of
technical data exported from the United States or the
country in which you reside.
Other Provisions
Digicon Corporation failure to insist upon or enforce strict
performance of any provision of this Site Usage and
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Site Usage and Agreement. Digicon
Corporation may assign its rights and duties under this Site
Usage and Agreement to any party at any time without notice
to you. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity or
enforceability of any remaining condition. Any rights not
expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to:
info.support@digicon.com
Revision: June 2008
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