Please read
these Terms of Use carefully before using this Web site. By
using this site in any manner, you acknowledge that you have
read, understood, and agree to be bound by these Terms of
Use. If you do not agree, you should not use this site. We
may change or revise this information at any time without
notice, so please visit this area each time you visit the
Web site to keep up-to-date with the current Terms of Use.
We may also, in our sole discretion, and at any time, discontinue
this Web site or any part thereof without notice.
1. Ownership and Operation
This Web site belongs to and is controlled by Full Capture
Solutions ("Full Capture").
2. Intended Geographic Scope
This Web site and its contents is controlled and operated
from within the United States of America. Access to this Web
site from territories where its content is illegal is prohibited.
Those who choose to access this Web site from outside the
United States are responsible for compliance with all local
laws applicable to them with respect to the content and operation
of this Web site.
3. Privacy
For information on how Full Capture uses and protects the
personal information you may provide on this Web site, see
our Privacy Policy.
4. Intellectual Property
It is Full Capture policy to enforce its intellectual property
rights to the fullest extent of the law, including seeking
criminal sanctions. Except as otherwise noted, the trademarks,
service marks, and logos (collectively, the "trademarks")
displayed on this site are registered and unregistered trademarks
that are owned or licensed by Full Capture. Nothing on this
site should be construed as granting, by implication or otherwise,
any license or right in or to the trademarks without the express
prior written permission of Full Capture.
The entire content of this Web site,
including but not limited to text, design, graphics, interfaces,
logos, trademarks, icons, images, and audio or video clips
on this Web site and the selection and arrangements thereof
is copyrighted as a collective work under United States copyright
laws and is the property of Full Capture. No part of this
Web site may be copied, reproduced, republished, posted, or
distributed in any way, except for non-commercial home use
(provided you keep intact all copyright, trademark, and other
proprietary notices on the materials, e.g., “Copyright
© 2004 Full Capture Solutions. ALL RIGHTS RESERVED.”).
5. Submissions
Except for personal information we may collect from you under
the guidelines established in our Privacy Policy, all remarks,
suggestions, ideas, graphics, data, questions, or other information
(including products and advertising ideas) communicated to
Full Capture through this site or through electronic mail
or otherwise will forever be the property of Full Capture,
even if these Terms of Use are later modified or terminated.
This means that you disclaim any proprietary rights in such
submissions and you acknowledge that such information will
not be treated as confidential or proprietary and may be used
by Full Capture for any purpose, including reproduction, transmission,
publication, broadcast, and posting. Additionally, by submitting
an idea to us, you waive any right to compensation of any
type for that idea.
6. Links
For your convenience, this site may contain links to third-party
Web sites not owned or operated by Full Capture. If you use
these links, you will leave this site. Please note that Full
Capture has no control over the content appearing on such
third party sites. In addition, while Full Capture may provide
you with a link to a third-party Web site, it is understood
that Full Capture does not endorse, approve, sponsor, or support
such sites. Further, Full Capture shall not be responsible
or liable, in any way whatsoever, for the content of such
third-party Web site or the consequences or damages resulting
from your use thereof. Please note that the privacy policies
applicable to such third-party sites may differ significantly
from the Full Capture Privacy Policy. If you decide to access
any of these linked third-party sites, you do so entirely
at your own risk.
7. Limitation of Liability
Under no circumstances, whether due to negligence or otherwise,
shall Full Capture, including its directors, officers, employees,
affiliates, successors, or assigns be liable for any damages
or injury, including any direct, indirect, special, incidental,
consequential, punitive, or other damages, including but not
limited to loss of data or profit, that may result from the
use of, or the inability to use, the Web site or any materials
in this site, arising out of or in connection with the use
or performance of the Web site or information available in
the Web site. These include, but are not limited to, damages
or injury caused by error, omission, interruption, defect,
failure of performance, delay in operation or transmission,
line failure or computer virus, worm, Trojan horse, or other
harmful component. Some jurisdictions may not allow the exclusion
of liability for incidental or consequential damages. Accordingly,
some of the above limitations or exclusions may not apply
to you. However, in no event shall Full Capture's total liability
to you for damages, losses, and/or causes of action exceed
one hundred dollars ($100). Any claim or cause of action you
may have with respect to this site (including but not limited
to the purchase of Full Capture products or services) must
be commenced within one (1) year after the claim or cause
of action arises.
8. Applicable Law/Place of
Jurisdiction
These Terms of Use and any disputes arising under or related
to these Terms of Use (whether for breach of contract, tortious
conduct, or otherwise) will be governed by the laws of the
State of New York, without reference to its conflicts of law
principles. Any legal actions, suits, or proceedings arising
out of these Terms of Use (whether for breach of contract,
tortious conduct, or otherwise) will be brought exclusively
in the state courts of New York or the appropriate United
States District Court, and you hereby accept and submit to
the personal jurisdiction of these New York or U.S. courts
with respect to any legal actions, suits, or proceedings arising
out of these Terms of Use. You also waive to the fullest extent
permitted by law any right to a trial by jury in any action,
suit, or proceeding brought to enforce, defend, or interpret
any right or remedies under, or arising in connection with
or relating to, these Terms of Use.
9. Downloaded Software
If you download software from this Web site, the software
and all files, images, and data relating to the software are
subject to the license terms in the software license that
accompanies or is provided with the software. You do not own
the downloaded software, and Full Capture does not transfer
ownership of the software to you. You may not redistribute,
sell, decompile, reverse engineer, disassemble, or otherwise
reduce the software to a human-perceivable form.
10. Forward-Looking Statements
This Web site may contain statements that involve Full Capture’s
intentions, expectations, or predictions. Such statements
reflect the views of Full Capture as of the date made with
respect to future events and are subject to risks and uncertainties.
These statements could be inaccurate or could become inaccurate
as a result of developments occurring after their respective
dates. Full Capture disclaims any intention or obligation
to update or revise these statements.
11. Severability/No Waiver
If any provision of these Terms of Use shall be found to be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use
and shall not affect the validity and enforceability of any
remaining provisions. No failure on the part of Full Capture
to enforce these Terms of Use shall constitute a waiver of
any of Full Capture’s rights under these Terms of Use
whether for past or future actions on the part of any person. |