Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE ("Site"). By using this Site you signify your assent to these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site.

  1. This Site is owned and operated by FatWire Corporation ("FatWire"). Except as expressly licensed by FatWire, no material from FatWire, the Site or any Web site owned, operated, licensed or controlled by FatWire may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your individual, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of FatWire's copyright and other proprietary rights.

  2. Users of this Site ("User") expressly agree that the use of this Site is at User's sole risk. FatWire does not warrant that the Site will be uninterrupted or error-free; nor does it warrant or make any representation regarding the use of the information provided on the Site or the results that may be obtained from the use of the information provided on the Site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site.

  3. THE SITE IS PROVIDED BY FATWIRE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FATWIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FATWIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FATWIRE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE, ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE SITE, EVEN IF FATWIRE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FATWIRE'S LIABILITY EXCEED THE PRICE THAT YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FATWIRE SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

  4. FatWire, the "FatWire Software" logo, UpdateEngine, the UE logo, , FUEL, Spark pCM, Content Server, Satellite Server, Engage, Analytics Bridge and the FatWire Web site and trade dress are the exclusive property and trademarks of FatWire. FatWire reserves all of its rights in the premises, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other referenced marks are those of their respective owners.

  5. This Site may reference or link to other sites on the Internet which are owned and operated by FatWire's suppliers, customers and other third parties. FatWire has no control over these sites or the content within them. FatWire cannot and does not guarantee, represent or warrant that content posted in these sites is accurate, legal and/or inoffensive. FatWire does not endorse the content of any third-party site, nor does FatWire warrant that they will not contain viruses or otherwise impact your computer. By using this Site to search for or link to another site, you agree and understand that you may not make any claim against FatWire for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or link to another site.

  6. The Site is created and controlled by FatWire in the State of New York. As such, the laws of the State of New York will govern these terms and conditions of use, without giving effect to any principles of conflicts of laws. Except for actions for preliminary injunctive relief and actions to enforce the decisions of the arbitrators, all disputes arising out of or related to your use of the Site, as well as the scope, application, interpretation and construction of the terms and conditions of use of the Site, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Nassau County, New York. If you and FatWire cannot agree upon a single arbitrator within 15 days after you or FatWire demands arbitration, you and FatWire shall select one arbitrator knowledgeable of the computer service industry and the World Wide Web and notify the other of its selection, and such two arbitrators shall select a third. The arbitrator(s) shall conduct a hearing within 30 days after their selection. A majority of the arbitrators shall determine the decision/award, which shall be rendered within five days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The expenses of the arbitrators shall be shared equally by you and FatWire.

  7. FatWire reserves the right to make changes to the Site and these terms and conditions at any time.

PRIVACY POLICY
If you provide FatWire Corporation ("FatWire") with information about yourself, such as name, postal address, e-mail address, or other personal data, we may add it to our records. From time to time, you may receive information about our products, services, or activities. If you do not want us to use this information as a basis for further contact with you, please e-mail us at sales@fatwire.com . FatWire does not rent, sell, or share this information with any other organizations.

© 1996-2002 FatWire Corporation. All Rights Reserved. Terms and Conditions. Copyrights and Trademarks.

Terms and Conditions. Privacy Policy. Copyrights and Trademarks.

Copyright ©2003 FatWire Corporation. All Rights Reserved.

Your privacy is important to FatWire . If you provide FatWire with information about yourself, such as name, postal address, e-mail address, or other personal data, we may add it to our records. From time to time, you may receive information about our products, services, or activities. When you supply us with information, you may, at that time or in the future, indicate that you do not want to receive any electronic communications from FatWire and opt-out. If you do not want us to use this information as a basis for further contact with you, please e-mail us at info@fatwire.com. FatWire does not rent, sell, or share this information with any other organizations.

Technology will increasingly help you to have more control over your personal information. It will also help organizations to manage their privacy practices and policies. As an information technology provider, FatWire actively supports the development of privacy technologies to help achieve these goals, and to help create greater trust and confidence in the way personal information is handled. Products and services are available which can help give you privacy protection while navigating the Web. Click here for an overview of many privacy-related tools. Please note that FatWire has not formally evaluated all of these tools nor endorses any particular technology.

Copyrights

© 1996-2002 FatWire Corporation. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, software and source code), and the Web site itself, are copyrighted materials belonging exclusively to FatWire Corporation ("FatWire") or its content suppliers and are protected by federal Copyright Law and international treaties. FatWire enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

Trademarks

FatWire, the "FatWire Software" logo®, UpdateEngine, the UE logo, , FUEL Spark pCM, Content Server, Satellite Server, Engage, Analytics Bridge and the FatWire Web site and trade dress are the exclusive property and trademarks of FatWire. FatWire reserves all of its rights in the premises, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other referenced marks are those of their respective owners.