TERMS OF USE
Acceptance of Terms
When you access this site, you acknowledge you have read and agree to abide by
the terms described below. If you do not agree to the terms discussed here, you
should exit the site now.
Site Terms of Use
This site is presented and operated by Support Fusion, Inc. from its offices
within the United States of America. Support Fusion makes no representation
that information or materials available on this site, or on other sites linked
to this site, are appropriate or available for use in other locations, or
accessible from locations where their contents may be illegal or prohibited. If
you choose to access this site from other locations, you do so of your own
initiative and are solely responsible for compliance with applicable local
laws.
Support Fusion may at any time revise the contents of this page. Therefore, you
should periodically visit this page to determine the then-current terms
governing the use of the site and of the information and materials presented on
the site.
Restrictions on use
The content of this site contains copyrighted works of Support Fusion or others.
Except for software covered by a separate license agreement (see below), or for
materials bearing the copyright notice of a party other than Support Fusion,
you are permitted to download, display, distribute, and copy materials, solely
for personal, noncommercial purposes. You may not modify the materials, and you
must retain in any copies the copyright notice and other proprietary notices
contained in the materials. You may not copy, modify, republish, or distribute
other materials without the express written permission of Support Fusion or
other copyright owner. In some cases, you may receive permission under separate
license agreement; in other cases you may need to obtain permission directly
from the copyright owner.
Updates
The materials, including press releases, at this site may be out of date, and
Support Fusion makes no commitment to update materials on this site.
Restriction on posting materials
You may not upload, or permit others to upload, material to the site if that
material (i) infringes or violates the rights of others; (ii) is, or may be
perceived by Support Fusion or other likely recipients, as defamatory,
deceptive, misleading, abusive, profane, offensive, or inappropriate; (iii)
contains any virus or other content that may damage the site, the network, or
any other participants' equipment or software; (iv) unless expressly permitted
by Support Fusion, contains any advertising or is otherwise intended for
commercial purposes; or (v) violates any laws, rules, or regulations of any
governmental or other administrative organization. No copyrighted material may
be placed on the site by anyone without the permission of the copyright owner
or persons authorized by the copyright owner to grant permission. You are
responsible for obtaining the necessary permission before permitting any
copyrighted material that belongs to others to be placed on the site.
Grant of license to Support Fusion
If you upload any material to the site or authorize others to upload any
material to the site, you hereby grant Support Fusion and its designated
licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy,
distribute, display, perform, publish, translate, adapt, modify, and otherwise
use such material, regardless of the medium, technology, or form in which it is
used. Subject to this grant of rights, you retain all other rights you have in
such material.
Links
While this web site may contain links to third party sites, Support Fusion is
not responsible for the content of any linked sites. Support Fusion provides
these links as convenience and does not endorse the companies or contents of
any linked sites.
Product Availability
The availability of the products described on this site and the product
descriptions may vary from country to country. Consult your Support Fusion
account executive for specific product information.
Your Submission
You are prohibited from posting or transmitting any unlawful, threatening,
obscene, libelous, or otherwise offensive material.
Any material, information, or idea submitted or posted on this web site will be
considered non-confidential and non-proprietary. Support Fusion may share or
otherwise use your submission for any purpose whatsoever. If any of the
information constitutes personal data, you agree that Support Fusion may
transmit such personal data across international boundaries for any Support
Fusion business purpose. Personal data will be treated as set forth in our
Privacy Statement.
Discussion groups
Support Fusion does not control the messages, information, or files delivered to
discussion groups. You understand and agree that Support Fusion has no
obligation to monitor the site. You acknowledge that it is Support Fusion's
policy to cooperate with law enforcement agencies investigating illegal or
improper activities relating to the site and that Support Fusion reserves the
right at all times to edit, refuse to post, or to remove any information or
materials, in whole or in part, that in Support Fusion's sole discretion, are
objectionable or in violation of the Terms of Service.
Because of the open and public nature of this site, you should not have any
expectations of privacy or confidentiality regarding any information or
materials that you transmit to this site.
Software licenses
Any software that Support Fusion makes available for downloading via the site
may be subject to the terms and conditions of a specific license agreement
governing its use, reproduction, and distribution. Before being permitted to
download such software, you may be required to access a copy of such license
and to acknowledge your familiarity with and acceptance of the terms of such
license. To the extent that the terms of a particular license conflict with the
terms on this page, such license terms shall prevail with respect to such
software.
U.S. Government restricted rights For U.S. Government contracting purposes, the
materials on this site are provided with "restricted rights." Use, duplication,
and disclosure by the Government are restricted as set forth in FAR 52.227-14
and DFARS 252.227-7013, and other comparable Government regulations; or for
commercial computer software as set forth in Support Fusion, Inc.'s standard
commercial license for such software as prescribed in DOD FAR 227.7202-4 or, as
applicable, FAR 52.227-19. The Government's use of the materials constitutes
acknowledgment of Support Fusion's proprietary rights in them.
Export control
You may not download or otherwise export or re-export any information,
materials, or software except in full compliance with all United States and
other applicable laws and regulations. In particular, but without limitation,
you may not download or otherwise export or re-export any information,
materials, or software into any country or to any person embargoed by the U.S.
Government. By downloading the information, materials or software, you agree to
the foregoing and you represent and warrant that you are not located in, under
control of, or a national or resident of any such country on any such list.
Disclaimer of warranty
While Support Fusion attempts to provide accurate information or materials on
this site, or on any sites linked to this site, all such information is
provided "as is." Support Fusion may change the information on the site, or the
products mentioned at any time without notice. Support Fusion does not warrant
or make any representations regarding the validity, accuracy, completeness, or
reliability of such information or materials, or of the results of using same.
To the fullest extent possible under applicable law, Support Fusion disclaims
all warranties of any kind, either express or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular
purpose, title, or non-infringement.
Limitation of liability
In no event shall Support Fusion or its parent or suppliers be liable for any
damages whatsoever, including but not limited to direct, indirect, special,
incidental, or consequential damages, or damages for business interruption or
loss of business profits or data, resulting from access to this site or any
sites linked to this site, or from use of information or materials presented on
such sites, even if Support Fusion was advised of the possibility of such
damages.
Indemnification
You agree to indemnify, defend, and hold harmless Support Fusion against all
damages, claims, liability, costs, and expenses, including but not limited to
reasonable attorneys fees, arising out of violation of any of the provisions of
this agreement by you or anyone accessing the site under your account.
Trademarks
Microsoft, Windows 2000, Windows 2003, and SQL Server 2000 are registered trademarks or
trademarks of Microsoft Corporation in the U.S. and/or other countries.
All other product names and company names referenced may be either trademarks
or registered trademarks of their respective companies.
Third-party beneficiaries
The provisions of this agreement are for the benefit of Support Fusion and its
parent, licensors, employees, and agents; and each may assert and enforce those
provisions directly on its own behalf.
Governing Law/Venue/Jurisdiction
This agreement will be governed by and construed in accordance with the laws of
the State of Massachusetts without regard to its conflict of laws provisions. Any
proceeding relating to the Service, Web site or this agreement must be brought
in a state or federal court in the State of Massachusetts, and you expressly consent to
jurisdiction in such courts. Any cause of action brought by you must be
instituted within one year after the claim or cause of action has arisen.
