Terms of Use

Acceptance of Terms

The services that Carmody Software, Inc. (Carmody) provides to you are subject to the following Terms of Use ("TOU"). Carmody reserves the right to update the TOU at any time, a notice of any changes to the TOU will be published on our Web properties. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Description of Services

Through its network of Web properties, Carmody provides you with access to a variety of resources, including developer tools, download areas, communication and reporting forums (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Use Limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, Service, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

License

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Carmody or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of CARMODY’S SERVICES. This license does not include any resale or commercial use of any Carmody Service, or its contents; any collection and use of any data of any of Carmody’s Service, software, applications or its contents; any downloading, copying for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Carmody or its licensors, suppliers, publishers, rights holders, or other content providers. No Carmody Service software or application may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Carmody. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Carmody without express written consent. You may not use any meta tags or any other "hidden text" utilizing Carmody’s name or trademarks without the express written consent of Carmody. You may not misuse CARMODY’S SERVICES. You may use CARMODY’S SERVICES only as permitted by law. The licenses granted by Carmody will terminate if you do not comply with these Conditions of Use or any Service Terms.

Notice Specific to Software Available on this Website

Any software that is made available to download from the Services ("Software") is the copyrighted work of Carmody and/or its suppliers. Use of the Software is governed by the terms of the end user Service agreement, if any, which accompanies or is included with the Software ("Service Agreement"). An end user will be unable to install any Software that is accompanied by or includes a Service Agreement, unless he or she first agrees to the Service Agreement terms. Third party scripts or code, linked to or referenced from this website, are Serviced to you by the third parties that own such code, not by Carmody.

The Software is made available solely for use by end users according to the Service Agreement. Any reproduction or redistribution of the Software not in accordance with the Service Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SERVICE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SERVICE AGREEMENT. EXCEPT AS WARRANTED IN THE SERVICE AGREEMENT, CARMODY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, CARMODY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CARMODY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN CARMODY SOFTWARE PRODUCTS.

Notice Specific to Documents Available on this Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. 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 maximum extent possible.

Documents specified above do not include the design or layout of the Carmody websites or any other Carmody owned, operated, Serviced or controlled site. Elements of Carmody websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Carmody website may be copied or retransmitted unless expressly permitted by Carmody.

CARMODY MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CARMODY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CARMODY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARMODY MAKES IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

CARMODY’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CARMODY’S SERVICES ARE PROVIDED BY CARMODY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CARMODY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CARMODY’S SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, APPLICATIONS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CARMODY’S SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF CARMODY’S SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARMODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARMODY DOES NOT WARRANT THAT CARMODY’S SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, APPLICATION OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CARMODY’S SERVICES, CARMODY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CARMODY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARMODY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CARMODY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, APPLICATIONS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CARMODY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. 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. You agree to notify Carmody immediately of any unauthorized use of your account or any other breach of security. Carmody will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Carmody or another party due to someone else using your account or password. You may not use anyone else's account at any time. Carmody reserves the right to disable your account or take any other action that Carmody in its sole discretion deems necessary or appropriate in the event that Carmody has reason to believe that your conduct while using any of the Services has violated the Carmody Software, Inc. Terms of Use.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Carmody server, or the network(s) connected to any Carmody server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Carmody server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE CARMODY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CARMODY AND CARMODY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CARMODY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CARMODY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CARMODY OF THE SITE.

Use of Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses.

  • Violate any applicable laws or regulations.

  • Create a false identity for the purpose of misleading others.

  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.


Carmody has no obligation to monitor the Communication Services. However, Carmody reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Carmody reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Carmody reserves the right at all times to disclose any information as Carmody deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Carmody’ s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Carmody does not control or endorse the content, messages or information found in any Communication Services and, therefore, Carmody specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Carmody spokespersons, and their views do not necessarily reflect those of Carmody.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Materials Provided to Carmody or Posted at Any Carmody Website

Carmody does not claim ownership of the materials provided to Carmody or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, the posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Carmody, its affiliated companies and necessary subservices permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Carmody Services), including, without limitation, the Service rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to subservice such rights to any supplier of the Services.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the Services and subservices described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free Service to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to subservice such rights to any supplier of the Services. The Services granted in the preceding sentences for an Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any Services granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

MODIFICATION OF THESE TERMS OF USE

Carmody™ reserves the right to change the terms, conditions, and notices under which Carmody™ Sites/ Services are offered, including but not limited to the charges associated with the use of the Carmody™ Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms as posted on the Carmody™ Sites/Services. Your continued use of the Carmody™ Sites/Services constitutes your agreement to all such terms, conditions, and notices.

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