Terms and Conditions of Use of this Web Site
Acceptance of Terms
The services and/or materials Teamstudio, Inc. ("Teamstudio") provides to you in connection with this web site ("Site") are subject to the following Terms and Conditions of Use ("Terms"). By accessing, using, or registering to use any areas of our Site and/or the Services and/or Materials (as defined herein) from this Site, you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, you may not access or use this Site. We retain the right to modify these Terms at any time, without notice to you, by posting new Terms on this page.
Use of Software
Any software that is made available to download from this Site ("Software") is the copyrighted work of Teamstudio and/or its licensors (if any). You must be a licensed Teamstudio user in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the Teamstudio License Agreement and User Agreement ("Teamstudio License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with such Teamstudio License Agreement is prohibited.
Services and Materials Available on this Site
Teamstudio may provide you with access to a variety of resources, including business, educational and technical news and information (collectively, "Services") and materials, such as documents, white papers, press releases and FAQs, (collectively, "Materials") directly from this Site or mailed to you upon your request. Your use of any or all of the Services and Materials are subject to these Terms.
Teamstudio authorizes you to view and use the Services and Materials for informational and non-commercial or personal use only, provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Services and Materials is subject to the Limitation of Use restrictions set forth below.
Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the full extent of the law.
Limitation on Use
You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Services or Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Teamstudio directly to you).
Linking, Framing and Metatags
You may not link to our Site in any way that might lead others to believe that our Site or any of its contents were created or are operated or offered by you or any party other than Teamstudio. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our Site or any of its contents or Materials, nor may you place any text or other content on your website that states or implies that there is an association between you and Teamstudio.
You may not use any of Teamstudio's trade names, trademarks or any of the textual content of our Site as metatags on your own web site, unless we have granted you a license explicitly permitting you to do so.
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. 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. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
If you communicate with Teamstudio via this Site, your communications are not confidential. Teamstudio reserves the right to use all submissions, ideas and feedback that you may provide us in a manner consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our products and services without any financial or other obligation to you.
Trademarks and Copyrights
"Teamstudio Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Teamstudio uses in connection with its products and services. You may not remove or alter any Teamstudio Trademarks, or co-brand your own products or material with Teamstudio Trademarks, without Teamstudio's prior written consent. You acknowledge Teamstudio's rights in Teamstudio Trademarks and agree that any use of Teamstudio Trademarks by you shall inure to Teamstudio's sole benefit. You agree not to incorporate any Teamstudio Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Teamstudio Trademarks are either registered or common law trademarks of Teamstudio in the United States, the European Union and/or other countries.
Teamstudio, Enerjy, Enerjy CQ2 and Software Integrity are trademarks or registered trademarks of Teamstudio in the U.S. and other countries.
The names of companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
Links to Other Web Sites
This Site may contain links to third party web sites, which are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Export and Import Restrictions
This site is controlled and operated by Teamstudio from its offices in the United States of America. Teamstudio makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS. TEAMSTUDIO, ITS PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENTS, AND THEY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THIS WEB SITE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES.
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN AN SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND TEAMSTUDIO, IN NO EVENT WILL TEAMSTUDIO, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF TEAMSTUDIO AND/OR ITS AFFLIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.
IN ANY CASE, TEAMSTUDIO'S AND ITS AFFILIATES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING UNDER OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR U.S.$10.00.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Teamstudio and its subsidiaries, affiliates, officers, directors, agents, licensors, suppliers, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or connection to the Site (including any use by you on behalf of your employer).
These Terms apply generally to your use of this Site. Some of these terms may be superseded by the terms of the Teamstudio License Agreement or another separate written agreement pursuant to which you have obtained our products or services. A specific provision in any separate written agreement that addresses the same subject matter as a provision on this page overrides the provision on this page.
These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts, without regard to any of its choice of law rules that might lead to the application of the law of another jurisdiction. In the event of a dispute arising out of or relating to these Terms, or your use of or access to this Site, you agree to submit to binding arbitration in the Commonwealth of Massachusetts in the county in which Teamstudio's or its successor's or assigns' principal office in Massachusetts is then located. By accessing or using this Site, you submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts for any enforcement action or injunctive relief and you waive all objections to placing venue exclusively before them. Teamstudio, in addition to any other relief granted to it, will be entitled to recover reasonable attorney's fees, expenses and costs incurred in connection with any litigation resulting from such a dispute.
The failure of Teamstudio to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any of these Terms is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The postings on the Enerjy weblog are those of the individual contributors and do not necessarily represent any opinions of Enerjy Software or Teamstudio, Inc.