TERMS OF USE

TERMS OF USE

PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) PRIOR TO USING THIS WEB SITE (“SITE”). USING THIS SITE INDICATES THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

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Applicability of Terms:  The following Site Terms apply to all visitors to and users of this Site.  We reserve the right to change these Terms at any time.  Each time you use, access or browse this Site, you agree to the then-current version of the Terms.  If you do not accept and agree to be bound by the Terms, do not use this Site.

Use of Site:  All materials on this Site are copyright protected. EXCEPT AS STATED WITHIN THIS SECTION, NO MATERIAL ON THIS SITE MAY BE COPIED, MODIFIED, REPRODUCED, PUBLICLY DISPLAYED, POSTED OR DISTRIBUTED WITHOUT OUR WRITTEN PERMISSION. We authorize you to view, copy, store copies, print, and download material on this Site solely as a shopping resource within your enterprise on the conditions that you do not modify the material and you retain in any copy all copyright and other proprietary notices found in the original materials. Any other use of material on this Site, including use for any public or commercial purposes and use on any other web site or network of computers, is unauthorized and may violate trademark, copyright, privacy laws or communication regulations. Your breach of any of these Terms will automatically terminate your authorized use of this Site and you must immediately destroy any materials copied or downloaded from this Site.

Trademarks:  The trademarks, logos and service marks (“Marks”) used, displayed, and found on this Site are registered and unregistered marks of Convergent and other third parties. You are not permitted to use these Marks without the prior written consent of Convergent or the owner of such Mark. Nothing in these Terms grants a license or right to use, by implication, by estoppel or otherwise, any Mark without the prior written consent from its owner. Please see the Convergent Marks.

Warranty Disclaimer:  ALL MATERIAL FOUND ON THIS SITE IS PROVIDED “AS IS.” WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO MATERIAL ON THIS SITE OR ANY SITES LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE PROVIDE NO WARRANTY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OF THE MATERIALS AND INFORMATION AT THIS SITE OR ANY SITES LINKED TO THIS SITE. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Convergent does not warrant the accuracy and completeness of the materials posted on this Site. Convergent may make changes to the materials on this Site at any time without notice. The materials on the Site may include technical inaccuracies or typographical errors or be outdated, and Convergent makes no commitment to update or correct such materials. Convergent expressly reserves the right to make changes to these documents at any time without notice. Materials on this Site may refer to products and services that are not available in your country or area. Consult your Convergent representative for information on products and services available to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability:  IN NO EVENT SHALL WE OR OUR SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE TO YOU OR ANY OTHER PERSON IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, LOST PROFITS OR REVENUE, LOSS OF OR DAMAGE TO RECORDS OR DATA ARISING OUT OF THE USE OF OR INABILITY TO USE MATERIALS ON THIS SITE OR WEB SITES LINKED TO THIS SITE EVEN IF CONVERGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusions or limitation of incidental or consequential damages, so this paragraph may not apply to you.

U.S.  Government Users:  Use, duplication or disclosure of the software, data, process or technology provided on a TES Site to a user representing the U.S.  Government or a customer acting on behalf of the U.S.  Government is subject to DFARS 227.7202, RIGHTS IN COMPUTER SOFTWARE AND COMPUTER SOFTWARE DOCUMENTATION (October 1998), FAR 52.227-14, RIGHTS IN DATA – GENERALLY (June 1987), and FAR 52.227-19 COMMERCIAL COMPUTER SOFTWARE RESTRICTED RIGHTS (June 1987), as applicable.  Contractor is: Convergent Media Systems Corporation , 190 Bluegrass Valley Parkway, Alpharetta, GA 30005.

User Transmissions to Site:  If you transmit or post any material, information, or idea to this Site (“Communications”), Convergent will treat such Communications as non-confidential and non-proprietary. Convergent will have no obligations with respect to such Communications and may freely use, copy, modify, distribute and use such Communications for any commercial or non-commercial use. Nevertheless, we will preserve the privacy of all personal data you submit in accordance with our Privacy Statement. You are prohibited from transmitting or posting to this Site any unlawful, threatening, defamatory, libelous, obscene, scandalous, pornographic or profane material or any other material that could give rise to civil or criminal liability under the law.

Chat Rooms/User Forums:  Convergent may, but is not required to, monitor any parts of the Site where users transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, or user forums of any type, as well as the content of any such Communications. Convergent shall not be held liable for any claim arising from the content of such Communications under the laws of copyright, libel, privacy, obscenity or otherwise.

Access to Restricted Site Areas:  Access to some areas of this Site may be password-protected or secure and restricted only to authorized users only. If you make any unauthorized attempts to enter restricted areas, you may be subject to prosecution.

Third Party Links:  This Site may be linked to other web sites which are not maintained or controlled by Convergent. Convergent is not responsible for the contents of such other sites and provides links to such sites only as a convenience. Convergent does not endorse, control, or provide any warranty for third party sites linked to this Site. If you access a link to another web site, you do so at your own risk.