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ACCEPTANCE
OF TERMS.
The services that J.S.Walker & Company, Inc. (hereafter referred
to as JSWCo provides to you are subject to the following Terms of
Use ("TOU"). JSWCo 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 network of Web properties, JSWCo provides you with access
to a variety of resources, including developer tools, download areas,
communication forums and product 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 personal and
non-commercial use. 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.
JSWCo is committed to protecting your privacy. You can visit most
pages on our site without giving us any information about yourself.
But sometimes we do need information to provide services that you
request, and this privacy statement explains data collection and
use in those situations.
Collection of your Personal Information
We will ask you when we need information that personally identifies
you (personal information) or allows us to contact you. Generally,
this information is requested when you are registering before entering
a contest, ordering e-mail newsletters, joining a limited-access
premium site, signing up for an event or training, or when purchasing
and/or registering JSWCo products.
Use of your Personal Information
We use your personal information for the following purposes:
· To ensure our site is relevant to your needs.
· To deliver services, such as newsletters, events, training
or software, that you request or purchase.
· To help us create and publish content most relevant to
you.
· To alert you to product upgrades, special offers, updated
information and other new services from JSWCo, if you so request.
· To allow you access to limited-entry areas of our site
as appropriate.
JSWCo may disclose your personal information if required to do so
by law or in the good-faith belief that such action is necessary
to: (a) conform to the edicts of the law or comply with legal process
served on JSWCo or the site; (b) protect and defend the rights or
property of JSWCo and its family of Web sites, or (c) act in urgent
circumstances to protect the personal safety of JSWCo employees,
users of JSWCo products or services, or members of the public.
Control
of your Personal Information
When you register, or otherwise give us personal information, JSWCo
will not share that information with third parties without your
permission, other than for the limited exceptions already listed.
It will only be used for the purposes stated above.
Access
to your Personal Information
We will provide you with the means to ensure that your personal
information is correct and current.
Security
of your Personal Information
JSWCo is committed to protecting the security of your personal information.
We use a variety of security technologies and procedures to help
protect your personal information from unauthorized access, use
or disclosure. For example, we store the personal information you
provide in computer servers with limited access that are located
in controlled facilities. When we transmit sensitive information
(such as a credit card number) over the internet, we protect it
through the use of encryption, such as the Secure Socket Layer (SSL)
protocol.
Protection
of Children's Personal Information
JSWCo is a general audience site and does not knowingly collect
any personal information from children.
NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of JSWCo 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 will
be unable to install 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 download 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,
JSWCo CORPORATION 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, JSWCo MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. JSWCo 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 JSWCo SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded 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.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that both
the copyright notice and this permission notice appear, (2) use
of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of
any Documents are made. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Documents specified above do not include the design or layout of
the JSWCo Web site or any other JSWCo owned, operated, licensed
or controlled site. Elements of JSWCo Web sites are protected by
trade dress, trademark, unfair competition, and other laws and may
not be copied or imitated in whole or in part. No logo, graphic,
sound or image from any JSWCo Web site may be copied or retransmitted
unless expressly permitted by JSWCo.
JSWCo AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. JSWCo AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL JSWCo 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 INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JSWCo AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL JSWCo 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 JSWCo immediately of any unauthorized use of your account
or any other breach of security. JSWCo 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 JSWCo 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.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
JSWCo server, or the network(s) connected to any JSWCo server, or
interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any JSWCo
server or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable you to communicate with others (each
a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when
using the Communication Services, you will not:
· Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
· Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consent to do the same.
· Use any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
· Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services specifically
allows such messages.
· Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
· Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying
the Communication Services.
· Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others,
including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
JSWCo has no obligation to monitor the Communication Services. However,
JSWCo reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. JSWCo
reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever.
JSWCo reserves the right at all times to disclose any information
as JSWCo deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in JSWCo's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. JSWCo
does not control or endorse the content, messages or information
found in any Communication Services and, therefore, JSWCo specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized JSWCo spokespersons,
and their views do not necessarily reflect those of JSWCo.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO JSWCo OR POSTED AT ANY JSWCo WEB SITE.
JSWCo does not claim ownership of the materials you provide to JSWCo
(including feedback and suggestions) or post, upload, input or submit
to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each
a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting JSWCo, its
affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet
businesses (including, without limitation, all JSWCo Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights to
any supplier of the Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. JSWCo is under no obligation to post or use
any Submission you may provide and JSWCo may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner of
such Images, or that the copyright owner of such Images has granted
you permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members
of your private community (for each such Images available to members
of such private community), and/or (b) to the general public (for
each such Images available anywhere on the Services, other than
a private community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such
rights to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the time
you completely remove such Images from the Services, provided that,
such termination shall not affect any licenses granted in connection
with such Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE JSWCo'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF JSWCo AND JSWCo 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. JSWCo IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. JSWCo IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY JSWCo
OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
JSWCo 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 JSWCo'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO JSWCo. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO JSWCo
OR ANYONE AT JSWCo. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT JSWCo MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL
BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2003. J.S.Walker &
Company, Inc. 416 West John Street, Matthews NC 28105, U.S.A. All
rights reserved.
TRADEMARKS. The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
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