The services that are provided to you are subject to the following Terms of Use ("TOU"). The owner of this site (“Owner”) reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Description of Services
Through its web site (the “Site”), Owner provides you with access to a variety of resources and information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.

Notice Specific to Software Available on this Web Site
Any software that is made available to purchase or download from the Services ("Software") is the copyrighted work of Owner 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 is prohibited from installing or using 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 purchase 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, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OWNER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, OWNER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY

SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN OWNER SOFTWARE PRODUCTS.

Restricted Rights Legend
Any Software which is downloaded or purchased from the Services 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.

Notices Regarding Software, Documents and Services Available on this Web Site
IN NO EVENT SHALL OWNER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Owner immediately of any unauthorized use of your account or any other breach of security. Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Owner or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use
You agree to access and use any Software purchased or downloaded by you only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Software, (ii) the use of any networks or other services connected to or used in conjunction with the Software, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Software. By accessing the Software, you agree that you will not:

• restrict or inhibit any other user from using and enjoying the Software’s features;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
• pornographic, profane, or indecent information of any kind, including without limitation any
• transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
• post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• post or transmit any information, software or other material which contains a virus or other harmful component;
• alter, damage or delete any Content or other communications that are not your own content or to otherwise interfere with the ability of others to access the Software;
• disrupt the normal flow of communication in a chat room, bulletin board, or other Interactive Area;
• claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
• violate any operating rule, policy or guideline of your Internet access provider or online service.

Links to Third Party Sites
THERE MAY BE LINKS IN THIS WEBSITE THAT WILL CAUSE YOU TO LEAVE OWNER'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OWNER AND OWNER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OWNER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. OWNER IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OWNER OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.

OWNER OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN OWNER'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO OWNER. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO OWNER OR ANYONE AT OWNER. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT OWNER MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Limited License
The contents of the Site are protected by United States copyright laws. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Owner.  Owner authorizes you to use the Software only as expressly authorized by this TOU and the Software’s License Agreement. The Software may not be copied or distributed in any public forum. Use for any other purpose is expressly prohibited. You may not, without the prior written consent of Owner, "mirror" any material on the Site or the Software on any other server.

Unauthorized use of any material on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Disclaimer
Although Owner has attempted to provide accurate information on the Site, Owner assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions or typographical errors. Owner may change any of the information on this site at any time without notice, but Owner makes no commitment to update the materials or information on the Site. You use the Site at your sole risk.

The material on the Site is provided "AS IS" without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Owner disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement or arising from a course of dealing, usage or trade practice. Owner makes no representations or warranties of any kind regarding the use, accuracy or reliability of information or material on the Site. Any reference to non-Owner products or services is for informational purposes only and does not imply association with or endorsement by Owner.

Trademarks
The trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks and service marks of Owner and others. All other registered and unregistered trademarks used on the Site are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Owner trademark, service mark or logo used or displayed on the Site without the prior express written permission of Owner. When used with Owner’s permission, all trademarks must be identified as trademarks of Owner using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

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© 2009 Colin Concannon - All Rights Reserved.  Please review our Terms of Use and Privacy Statement.