This Web site (the "Site") is the online presence
of Competent Systems, Inc. Use of this Site in any manner and to any extent constitutes
your agreement to abide by the following terms and conditions of service (the "TOS").
Competent Systems, Inc may modify the TOS from time to time without notice to you.
All modifications will be posted to this page. Competent Systems, Inc also reserves
the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Site (or any part thereof) with or without notice. You agree
that Competent Systems, Inc shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Site. Your continued use
of the Site after such changes are made constitutes your acceptance of such changes.
Competent Systems, Inc reserves the right to deny access to this Site to anyone
at any time.
Use of Site
You must retain all copyright, trademarks, and other
proprietary notices contained in the Site's original materials on any copy of the
materials. The User may not in any way modify materials at this Site. You may not
copy, reproduce, transfer, enter in a database, publish, distribute, publicly display,
sell or offer for sale, or create derivative works from the materials or use them
in any way for any public or commercial purpose. You may not copy this material,
by any means (including electronic copies), for distribution to others unless you
have purchased the appropriate number of copies. Any party receiving a copy of the
material is bound by these restrictions of use and may not copy or further distribute
the material. Any use of these materials on any other Web site or networked computer
environment (including any personal network or e-mail distribution) is prohibited.
Because the materials are copyrighted, any unauthorized use of them may violate
copyright, trademarks, and other laws. You may not use materials from the Site in
a manner that violates the Copyright Act (17 U.S.C. 21) and/or the fair use exception
of that Act. You may not sell, assign, or otherwise transfer your rights or obligations
under the TOS. Additionally, you agree not to copy, reproduce, duplicate, sell,
resell, or exploit for any commercial purposes, any portion of the Site, use of
the Site, or access to the Site. By using this Site, you promise Competent Systems,
Inc that you will not use this Site for any unlawful or prohibited purposes.
Use at Your Own Risk
This Site may contain links to third-party Web sites
and material from third-party information and content providers. As Competent Systems,
Inc has no control over such sites and resources, you acknowledge and agree that
Competent Systems, Inc is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Competent Systems, Inc shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods, or services available on or through any such site or resource.
Right to Make Changes
Competent Systems, Inc (and in certain instances,
its third-party providers) has the exclusive right to change, discontinue, or supplement
any aspect of the Competent Systems, Inc Site, and information contained on said
Site, at any time without notice to you. For example, Competent Systems, Inc may
change the format, the content, the offering, the pricing, the hours of availability,
the equipment needed for access, and the usage rights without notice. Competent
Systems, Inc may choose to notify you of some changes by means including, but not
limited to, posting on the Competent Systems, Inc Web site, notification by e-mail,
or other means. Your use after such notice shall be conclusively deemed to be acceptance
of those changes. You agree to review the TOS periodically to be aware of changes.
You also agree that changes to your e-mail address or failure to provide a current
or correct e-mail address may result in your inability to receive such notice, and
so you waive your right to be notified should Competent Systems, Inc not be provided
with your current e-mail address.
Third-Party Content
As a distributor of content published and supplied
by third parties, Competent Systems, Inc has no editorial control over said content.
Such content expresses the opinions, the advice, the services, the offers, the statements,
or other information of the author(s), and not of Competent Systems, Inc.
User Contact with Advertisers
Any correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Site, including payment and
delivery of related goods or services, and any other terms, conditions, warranties,
or representations associated with such dealings, are solely between you and said
advertiser. You acknowledge and agree that Competent Systems, Inc shall not be responsible
or liable for any damages, losses, or claims related to any such dealings or as
the result of the presence of such advertisers on the Site.
User Contact with Advertisers
Any correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Site, including payment and
delivery of related goods or services, and any other terms, conditions, warranties,
or representations associated with such dealings, are solely between you and said
advertiser. You acknowledge and agree that Competent Systems, Inc shall not be responsible
or liable for any damages, losses, or claims related to any such dealings or as
the result of the presence of such advertisers on the Site.
Additional Terms for Purchased Material
You are responsible for all charges incurred while
your account is being used, including charges for services and accessing materials.
Upon your immediate payment of the appropriate charge, Competent Systems, Inc grants
you a nonexclusive, nontransferable, limited license to use the Competent Systems,
Inc content or service only for the uses permitted by the TOS and only according
to the TOS. Some Competent Systems, Inc features are available only if you agree
to special terms, of which you will be informed at the time of access or purchase.
Content or material you purchase is protected by copyright under applicable copyright
laws. All rights, title, and interest in the copyrighted works are (and continue
to be, even after your purchase) the exclusive property of Competent Systems, Inc
and/or its third-party content provider. You must abide by all copyright notices
or restrictions contained in the Competent Systems, Inc material. You do not acquire
any ownership or other proprietary rights by using the copyrighted works according
to the license granted to you here. If you want to use Competent Systems, Inc content
in ways not allowed under the TOS, you may be able to obtain the content provider's
permission to do so by contacting the content provider directly. Competent Systems,
Inc will not assist you in obtaining these permissions.
Your Liability
You shall be liable to, indemnify, and hold harmless
Competent Systems, Inc, its directors, officers, shareholders, parents, subsidiaries,
affiliates, agents, and licensors from and against any and all losses, expenses,
damages, and costs, including reasonable attorneys' fees, which result from your
misuse of this Site in any fashion, any violation of the TOS, or the failure to
fulfill your obligations hereunder. Competent Systems, Inc may take over the exclusive
defense of any claim for which we are entitled to indemnification under this paragraph.
In such event, you will cooperate fully with us. Competent Systems, Inc may also
terminate your account with Competent Systems, Inc, any agreement you have with
Competent Systems, Inc, and your future use of this Site, with or without notice.
In the event of such usage termination, the restrictions imposed upon you with respect
to material downloaded from the Site, the disclaimers, and limitations of liabilities
set forth in this agreement survive.
User Registration
Upon registration for Competent Systems, Inc, you
agree to: (a) provide true, accurate, current, and complete information about yourself
and (b) maintain and promptly update said data to keep it true, accurate, current,
and complete. If you provide any information that is untrue, inaccurate, not current,
or incomplete, or Competent Systems, Inc has reasonable grounds to suspect that
such information is untrue, inaccurate, not current, or incomplete, Competent Systems,
Inc has the right to suspend or terminate your account and refuse any and all current
or future use of the Site. Disclaimer and Liability LimitationIN NO EVENT SHALL
Competent Systems, Inc BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CONTENT
(OR ANY MATERIAL PROVIDED HEREUNDER), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, EVEN IF Competent Systems, Inc HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Competent Systems,
Inc FOR ANY REASON WHATSOEVER SHALL NOT EXCEED TOTAL AMOUNTS PAID BY YOU TO Competent
Systems, Inc IN CONNECTION WITH THE SUBJECT MATTER OF THE DISPUTE. THE INFORMATION,
SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Competent Systems, Inc
SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. Competent Systems,
Inc MAY MAKE IMPROVEMENT OR CHANGES TO THE SITE AT ANY TIME.
Indemnity
You agree to hold Competent Systems, Inc, and its
subsidiaries, affiliates, officers, agents, co branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Site, your connection to
the Site, your violation of the TOS, or your violation of any rights of another.
Inclusion of All Terms
All other notices, policies, disclaimers, and terms
contained throughout the Site are incorporated here by reference. In the event of
a conflict between the Sites's other terms and those in the TOS, the latter shall
prevail. If any provision of the TOS is deemed to be unlawful or unenforceable,
that shall not affect the validity and enforceability of the remaining provisions.
Linked Internet Sites
Competent Systems, Inc prohibits caching, unauthorized
hypertext links to the Site, and the framing of any content available through the
Site. Competent Systems, Inc reserves the right to disable any unauthorized links
or frames and specifically disclaims any responsibility for the content available
on any other Internet sites linked to the Site. Access to any other Internet sites
linked to the Site is at your own risk. You should be aware that linked sites may
contain rules and regulations, privacy provisions, confidentiality provisions, transmission
of personal data provisions, and other provisions that differ from the provisions
provided on the Site. Competent Systems, Inc is not responsible for such provisions
and expressly disclaims any and all liability related to such provision.
Trademark Information
The Competent Systems, Inc logo and other products,
logos, and service names are trademarks or service marks (the "Competent Systems,
Inc Marks") of Competent Systems, Inc, Inc. These trademarked items may not be used
in any manner without Competent Systems, Inc's prior permission. Other trademarks,
logos, and service marks (together with the Competent Systems, Inc Marks, the "Marks")
displayed on this Site are the property of other parties. You are prohibited from
using any Marks for any purpose including, but not limited to, use as meta tags
on other pages or sites on the World Wide Web without the written permission of
Competent Systems, Inc or such third party that may own the Marks. All information
and content including any software programs available on or through the Site ("Content")
is protected by copyright. You are prohibited from modifying, copying, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative works,
or using any Content available on or through the Site for commercial or public purposes.