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HiSoftware Cynthia
Says™ Portal - Terms of Use
In General
Your use of the HiSoftware Cynthia Says™ Portal Web site (the "Site"), and all information,
products and services on the Site, including our world-class educational
solution "Cynthia™", and all documentation are subject to the binding legal
terms set forth below ("Terms"). We may update these Terms from time to time
without giving you any notice. Unless we let you know by giving you a notice,
any new features or updated Services that we put on the Site will be subject to
these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH
BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE
NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
The Site contains links to Web sites,
Web pages and services that are also operated by HiSoftware, our subsidiaries or other
companies not affiliated with us but provided as a resource. Your use of any
other site is subject to their specific terms of use. If there is any conflict
between the Terms set forth below and any of the terms or notices set forth on
any other Site, then the terms on this Site will control your use of this Site.
Please review the terms of use for this Site so that you understand all of the
terms that will apply.
HiSoftware is pleased to give you access to this Site free of charge. However, in
order to access the Site, you will need to establish an account with an Internet
service provider. You will also need equipment to access the Site, including a
computer, modem or other communication device. You agree to pay for all hardware
and services costs needed to access the Site and use the Services. HiSoftware is not
responsible for any of these costs.
How You Can Use the Services
The Services are protected by U.S. and international
copyright, patent, trademarks laws and other intellectual property laws.
You may use the Services on the Site for your personal, non-commercial use.
You
may make a single copy of the individual screens you see when you use the
Services, but only for your personal use. You cannot distribute or transfer the
copies to others in exchange for money or other consideration. You may not-and
agree not to-modify, reformat, copy, display, distribute, transmit, publish,
license, create derivative works from, transfer or sell any information,
products or services obtained from the Services, except as set forth below. This
means that you may not mirror the home page or results pages of the Site on your
own Web site or Web page without the express written permission of HiSoftware.
If you want to make commercial use of the technology behind the Cynthia Says
portal, please visit the HiSoftware Web Site to acquire appropriate licensing.
http://www.hisoftware.com
Permitted Use of the Service
You are permitted to use the SITE services as listed in these terms. You ARE
EXPRESSLY forbidden to use the site in the following ways:
1. You are not allowed to Automate the use of this service for desktop, web services, any current or future developed technology. This service must be used via this site or a site using the form we provide where the only modification can be in the "Style/Presentation" elements as per http://www.cynthiasays.com/resources/addcynthia.htm.
2. The Cynthia Says portal is an Educational Service and a Trial Service for the driving HiSoftware technology. Any commercial use is expressly forbidden.
No License Granted
Except for allowing you to use the Site for your
personal use as set forth in the paragraph above, when you use the Site or the
Sites, you are not receiving a license or any other rights from us, including
intellectual property or other proprietary rights of HiSoftware, ICDRI, and the
Internet Society Disability and Special Needs Chapter or other companies with
which we are affiliated. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES
OR ANY OTHER HiSoftware, ICDRI, and the Internet Society Disability and Special
Needs Chapter PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Disclaimer of Warranties
ANALYSIS RESULTS: THE GUIDELINES AND STANDARDS
CHANGE CONSTANTLY AND NO AUTOMATED VALIDATION CAN COMPLETELY VALIDATE CONTENT
FOR ACCESSIBILITY WITHOUT ASSOCIATED HUMAN REVIEW. AS A RESULT, WE DO NOT AND
CANNOT GUARANTEE THAT YOUR RESULTS WILL BE COMPLETE OR ACCURATE UNLESS YOU FULLY
REVIEW THEM AND YOU ALSO PERFORM THE ASSOCIATED MANUAL QUALITY CHECKS. YOU
UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE
SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU
EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT
THE SERVICES, ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE
PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT
TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO
WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF
THE SERVICES WILL MEET YOUR EXPECTATIONS, ACCESS TO THE WEB SITE OR
UNAVAILABILITY DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY
KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH
IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN
REFERENCE TO THE SERVICES, AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE.
WE EXPRESSLY DISCLAIM ANY ENDORSEMENT, RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR
ANY OF THE COMPANIES WE ARE IS AFFILIATED WITH, OR ANY OF OUR CONTENT PROVIDERS
BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE,
PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL
INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO
USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, THE SERVICES,
ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS
AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND
DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL
SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE
ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.
WE ARE NOT responsible for the accuracy of associated companies' information
including any changes in or discontinuance of services and/or products, nor any
intellectual property infringement made by any party. WE ARE NOT responsible for
changes in the services and/or products offered by affiliated companies.
Access Restrictions and
Termination
We can terminate your access to the Site at any time. We can also change these
Terms at any time, without notice, and your continued use of the Services after
any change we make will mean that you agreed with the changes. IN THE EVENT THAT
YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY
MANNER FOR ANY PURPOSE.
Use of Our Logos and Static Screen
Shots for Noncommercial Purposes
You may use our screen shots and logo for
noncommercial purposes. You may ask about using static screen shots of our Site
for commercial purposes by contacting
legal@hisoftware.com
Use of Our Feedback Forum
The Forum is not to be used to promote other
services or products. The Cynthia Says Portal reserves the right to remove any
offensive content. The Site has a general rating use care to use no language
that can be offensive. We will actively monitor this forum and will remove
offending messages as required. Please be aware forums can be offensive to
people, take care in viewing this forum. Realise it is not moderated, though it
is reviewed.
You can direct any questions
concerning these Terms to:
HiSoftware - Cynthia Says Portal - Terms of Use
HiSoftware Inc.
9 Trafalgar Square
Nashua, NH 03063
Attention: Legal Department
Email: legal@HiSoftware.com
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