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| Welcome to Groupware.com. The following are the rules or "Terms" that govern use of the Groupware.com website (the "Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Groupware Technology, Inc., its subsidiaries and/or affiliates ("Groupware") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms, Groupware may terminate your use of the Site, bar you from future use of the Site, cancel your order, and/or take appropriate legal action against you. |
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| Permitted Use |
| You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. The content and software on this Site are the property of Groupware and/or its suppliers and are protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits. |
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| Links & Search Results |
| By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Groupware for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. |
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| Access & Interference |
| You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without the prior written consent of Groupware. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior written consent of Groupware. |
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| Unauthorized Use Of The Site |
| Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by Groupware with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless you have been provided with written authorization to do so by Groupware. |
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| Violation of The Terms |
| You understand and agree that in Groupware's sole discretion, and without prior notice, Groupware may terminate your access to the Site, cancel your order or exercise any other remedy available if Groupware believes that your use is inconsistent with the Terms or has violated the rights of Groupware, another user or the law. You agree that monetary damages may not provide a sufficient remedy to Groupware for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Groupware may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. |
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| Copyright |
| Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are owned by Groupware. To the extent that Groupware has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, Groupware grants you permission to copy or otherwise download from the Site any information and materials (including related graphics), provided: |
- The materials are for internal, non-commercial use only, and
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- Any copies of materials or portions thereof must include the copyright notice specified on the Site.
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| You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written consent of Groupware. Documents posted by Groupware on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by Groupware or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license or other legal right under any copyright, trademark, patent or other intellectual property right of Groupware or any third party. |
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| Trademark |
| The Groupware name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Groupware and may not be used in any manner without the prior written consent of Groupware. Other products and service marks are trademarks of their respective owners. |
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| Limitation of Liability |
| YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL GROUPWARE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT RESULTING FROM ACCESS TO OR USE OF THIS SITE, OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. ALTHOUGH GROUPWARE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, GROUPWARE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. GROUPWARE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME AND WITHOUT PRIOR NOTICE. |
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| Warranty Disclaimer |
| GROUPWARE MAKES NO PROMISES THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY GROUPWARE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER GROUPWARE NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE. |
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| Disputes |
| If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state courts of the State of California, County of Santa Clara. |
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| Indemnity |
| You agree to indemnify and hold Groupware, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site. |
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| Digital Millennium Copyright Act - Copyright Infringement |
| It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office, and other applicable intellectual property laws. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good faith attempt to contact the owner, author, or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. |
| Infringement Notification |
| If you believe that material or content residing on or accessible through our website or service infringes a copyright, please send a notice of infringement by providing a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. |
| To expedite our ability to process your request, please use the following format (including section numbers): |
- Identify in sufficient detail the copyrighted work that you believe has been infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
- You must identify each search result that directly links to a web page that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
- Provide information reasonably sufficient to permit Groupware to contact you, including address, telephone number and, if available, email address.
- Provide information, if possible, sufficient to permit Groupware to notify the owner/author/administrator of the web page that allegedly contains infringing material (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."
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| Please sign the paper and send the written communication to the Designated Agent: |
Ari J. Lauer
Law Offices of Ari J. Lauer
500 Ygnacio Valley Road, Suite 325
Walnut Creek, CA 94596
Telephone: (925) 933-7012
Facsimile: (925) 933-7017
Email: alauer@lauerlaw.com |
| Once proper bona fide infringement notification is received by the Designated Agent, it is our policy: (1) to remove or disable access to the infringing material; (2) to notify the content provider, member or user that we have removed or disabled access to the material; and (3) that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider's, member's or user's access to our service. |
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| Counter Notification |
| If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. |
| To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. |
| To expedite our ability to process your counter notification, please use the following format (including section numbers): |
- Identify the specific URLs at which material appeared before Groupware removed or disabled access to such material, and identification of the material that Groupware removed or to which Groupware has disabled access.
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- Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the alleged infringement.
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- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
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| Sign the paper. Send the written communication to the Designated Agent. |
| If a counter-notice is received by the Designated Agent, Groupware may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Groupware's discretion. |
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| Linking Policy Statement |
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| User Policy - Outbound Linking Policy Statement |
| Any link (including hyperlinks, buttons or referral devices of any kind) used on this or any other Groupware Web page is provided for the use and convenience of the visitor. The appearance of a link on this or any other Groupware Web page does not constitute an endorsement, recommendation or certification by Groupware, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Groupware. |
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| User Policy - Inbound Linking Policy Statement |
| Groupware generally does not object to links to Groupware Web sites from third party sites. However, there are certain conditions that must be followed: |
| * Unless we enter into a specific written agreement with you, you may not use any of Groupware's names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to an Groupware site using the plain text name of that site or the plain text name of Groupware. |
| * Do not present the link to Groupware's site in any way that suggests Groupware has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site. Do not use any of Groupware's names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without the prior written consent for a particular use from Groupware. |
| * Link only to the home page/first page/registration page of this site and do not incorporate any content from this site into your site (e.g., by in-lining or framing). |
| * Do not use any of Groupware's names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying Groupware's websites in any "meta tag" or other information used by search engines or other information location tools to identify and select sites, without Groupware's prior written consent for a particular use. |
| * If you have comments, questions or requests please write to info@gw-mail.com. |
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