Welcome to the
crmmetrix, Inc.. ("crmmetrix") web
site (the "Web Site"). Please review the following terms
and conditions concerning your use of the Web Site. By
accessing, using or downloading any materials from the
Web Site, you agree to follow and be bound by these
terms and conditions (the "Terms"). If you do not agree
with these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but
not limited to information, documents, products, logos,
graphics, sounds, images, software, and services
("Materials"), are provided either by
crmmetrix or by
their respective third party manufacturers, authors,
developers and vendors ("Third Party Providers") and are
the copyrighted work of crmmetrix and/or its Third
Party Providers. Except as stated herein, none of the
Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or
transmitted in any form or by any means, including but
not limited to electronic, mechanical, photocopying,
recording, or other means, without the prior express
written permission of crmmetrix or the Third Party
Provider. Also, you may not "mirror" any Materials
contained on this Web Site on any other server without
crmmetrix's prior express written permission.
Except where expressly provided otherwise by
crmmetrix, nothing on this Web Site shall be
construed to confer any license under any of
crmmetrix's or any Third Party
Provider's intellectual property rights, whether by
estoppel, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses. See
the "Legal Contact Information" below if you have any
questions about obtaining such licenses. Materials
provided by Third Party Providers have not been
independently reviewed, tested, certified, or
authenticated in whole or in part by crmmetrix.
crmmetrix does not provide, sell, license, or lease any of
the Materials other than those specifically identified
as being provided by crmmetrix.
crmmetrix hereby grants you permission to display,
copy, distribute and download crmmetrix's Materials on
this Web Site provided that: (1) both the copyright
notice identified below and this permission notice
appear in the Materials; (2) the use of such Materials
is solely for personal, non-commercial and informational
use and will not be copied or posted on any networked
computer, broadcast in any media, or used for commercial
gain; and (3) the Materials are not modified in any way.
This permission terminates automatically without notice
if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded
or printed Materials.
Any unauthorized use of any Materials contained on this
Web Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications
regulations and statutes.
FORWARD-LOOKING STATEMENTS
This web site may contain forward-looking statements
that involve risks, uncertainties and assumptions. If
any of these risks or uncertainties materializes or any
of these assumptions proves incorrect, the results of
crmmetrix. and its consolidated subsidiaries could
differ materially from those expressed or implied by
these forward-looking statements. All statements other
than statements of historical fact are statements that
could be deemed forward-looking statements, including
any projections of earnings, revenues, synergies,
accretion or other financial items; any statements of
the plans, strategies and objectives of management for
future operations; any statements concerning proposed
new products, services, developments or industry
rankings; any statements regarding future economic
conditions or performance; any statements of belief and
any statements of assumptions underlying any of the
foregoing.
The risks, uncertainties and assumptions referred to
above include, but are not limited to, risks associated
with the Business software applications market; risks
associated with customer and partner relations, such as
risks associated with Business applications and systems
markets, the availability of crmmetrix' products and
services, customer implementation of products and
services and relationships with customers, third-party
vendors, systems integrators and other partners; the
ability of crmmetrix, Inc. to retain and motivate key
employees and to successfully manage growth; risks
associated with new versions and new products and the
need to continue to expand product distribution and
services offerings.
crmmetrix assumes no obligation and does not
intend to update these forward-looking statements.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled
by parties other than crmmetrix. crmmetrix is not
responsible for and does not endorse or accept any
responsibility for the contents or use of these third
party web sites. crmmetrix is providing these links to
you only as a convenience, and the inclusion of any link
does not imply endorsement by crmmetrix of the linked web
site. It is your responsibility to take precautions to
ensure that whatever you select for your use is free of
viruses or other items of a destructive nature.
THIRD PARTY PUBLICATIONS
crmmetrix has not co-authored, ratified, endorsed or
adopted the information contained in this any
publications referenced on this web site by publishing
it herein.
THIRD PARTY STATISTICS
crmmetrix has not co-authored, ratified, endorsed or
adopted any statistics provided by third parties by
publishing them on this web site.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from
this Web Site ("Software") is the copyrighted work of
crmmetrix and/or Third Party Providers. Use of the
Software is governed by the terms of the end user
license agreement that accompanies or is included with
the Software ("License Agreement"). An end user agrees
to the License Agreement terms by installing, copying,
or using the Software. The Software is made available
for downloading solely for use by end users according to
the License Agreement. Without limiting the foregoing,
the copying or reproduction of the Software to any other
server or location for further reproduction or
redistribution is expressly prohibited. 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.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE
EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT,
crmmetrix
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Installation assistance, product support and
maintenance, if any, of the Software is available from
crmmetrix and/or the Third Party Providers, as applicable.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server 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.
SUBMISSIONS
Except where expressly provided otherwise by
crmmetrix, all comments, feedback, information or
materials submitted to crmmetrix through or in
association with this Web Site ("Submissions") shall be
considered non-confidential and crmmetrix's property. By providing
such Submissions to crmmetrix you agree to assign to
crmmetrix, at no charge, all worldwide rights, title
and interest in copyrights and other intellectual
property rights to the Submissions. crmmetrix shall be
free to use and/or disseminate such Submissions on an
unrestricted basis for any purpose. You acknowledge that
you are responsible for the Submissions that you
provide, and that you, not crmmetrix, have full
responsibility for the Submissions, including their
legality, reliability, appropriateness, originality and
copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY
crmmetrix,
THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE
EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND
crmmetrix HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID. crmmetrix MAKES NO REPRESENTATIONS, WARRANTIES,
GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF
THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
crmmetrix SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED
AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING,
DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT
SHALL crmmetrix BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT
ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THIS WEB SITE, EVEN IF crmmetrix HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE
RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF
DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB
SITE AND YOU WILL NOT MAKE A CLAIM AGAINST crmmetrix FOR
LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS,
OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD crmmetrix HARMLESS FROM, AND YOU COVENANT
NOT TO SUE crmmetrix FOR, ANY CLAIMS BASED ON OR RELATED TO
THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
crmmetrix controls and operates this Web Site from its
headquarters in various locations in the United States
of America and makes no representation that these
Materials are appropriate or available for use in other
locations. If you use this Web Site from other
locations, you are responsible for compliance with
applicable local laws including but not limited to the
export and import regulations of other countries. Unless
otherwise explicitly stated, all marketing or
promotional materials found on this Web Site are solely
directed to individuals, companies or other entities
located in the United States of America. You acknowledge
and agree that Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited. You agree
that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological
weapons, or missile projects unless authorized by the
U.S. Government. Proscribed countries are set forth in
the U.S. Export Administration Regulations. Countries
subject to U.S. embargo are: Cuba, Iran, Iraq, Libya,
North Korea, Syria, and the Sudan. This list is subject
to change without further notice from crmmetrix, and you
must comply with the list as it exists in fact. You
certify that you are not on the U.S. Department of
Commerce's Denied Persons List or affiliated lists or on
the U.S. Department of Treasury's Specially Designated
Nationals List. You agree to comply strictly with all
U.S. export laws and assume sole responsibility for
obtaining licenses to export or re-export as may be
required.
GENERAL
This Web Site may include inaccuracies or typographical
errors. crmmetrix and the Third Party Providers may
make improvements and/or changes in the products,
services, programs, and prices described in this Web
Site at any time without notice. crmmetrix may
periodically make changes to the Web Site. Any action
related to these Terms will be governed by New Jersey
law and controlling U.S. federal law. No choice of law
rules of any jurisdiction will apply. These Terms
represent the entire understanding relating to the use
of the Web Site and prevail over any prior or
contemporaneous, conflicting or additional,
communications. crmmetrix has the right to revise these
Terms at any time without notice by updating this
posting. Any rights not expressly granted herein are
reserved by crmmetrix
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress
and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from
the Web Site may be copied or retransmitted unless
expressly permitted by crmmetrix.
crmmetrix the re-commerce logo, ActiveBriefings, TSQ,
Universal Agent, and/or other crmmetrix products
referenced herein are trademarks of crmmetrix,
and may be registered in certain jurisdictions. All
other product names, company names, marks, logos, and
symbols may be the trademarks of their respective
owners.
Copyright © 2006 crmmetrix, 1840 Harmon Cove Towers, Secaucus, NJ 07094 All rights reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you
would like to request permission to use any Materials,
please contact the crmmetrix Legal Department at
contact@re-commerce.com
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