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All material, wording and images contained in this site is the copyrighted property of Tivex, LLC (Tivex) and/or licensors (the "Licensors"). "Tivex" and all titles, product names and graphics are trademarks of Tivex, LLC. To upload, post, modify, or publicly perform or display material from this site, you must first obtain written permission from Tivex. The following material in this site may be downloaded and distributed only if the original content remains unchanged: White Papers, Newsletters, and other .pdf files.
The Information is provided to the users "as is." Neither Tivex nor its affiliates (including Web Site development team) will be liable to you or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Tivex Product or Service Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
If you participate in any chat rooms, bulletin boards, or other forum within the site, you agree to not:
- Defame, abuse, harass or threaten others;
- Make any hateful or racially offensive statements;
- Promote or advocate illegal activity or discuss illegal activities with the intent to commit them;
- Post or distribute any material that violates any right of a third party or any law;
- Post or distribute any vulgar, obscene, discourteous or indecent language or images;
- Advertise, sell to or solicit others;
- Post software or other materials which contain a virus or other harmful component; or
- Post material or make statements that do not generally pertain to the designated topic or theme of the posted discussion topic.
Tivex reserves the right to remove or edit messages or material submitted by you. Additionally, Tivex is not responsible for material submitted to Tivex or posted in a Tivex discussion, or on other forms by users of the site. By communicating with Tivex or participating in any discussion in the site, you grant Tivex an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sublicense, and sell any information, suggestions, ideas, drawings or concepts communicated to Tivex for any purpose Tivex chooses, commercial, public or otherwise, without any compensation to you whatsoever.
Disclaimer of Warranties and Damages; Limitation of Liability
Tivex makes no representation that the materials contained in the site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access this site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE MATERIALS IN THIS SITE, THESE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TIVEX AND LICENSORS DISCLAIM ALL WARRANTIES , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIVEX AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL TIVEX , RELATED PARTIES (INCLUDING SITE DEVELOPERS), OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS ) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL TIVEX, RELATED PARTIES' (INCLUDING SITE DEVELOPERS) AND LICENSOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO TIVEX FOR ACCESSING THIS SITE, IF ANY.
This agreement is effective until terminated by Tivex for any reason, with or without notice. Upon any termination of this agreement, you will immediately discontinue your use and access of the site and destroy all materials obtained from it.
Tivex may amend or modify this Agreement or impose new conditions at any time upon inclusion of a notice on the site signifying that this agreement has been updated. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
This agreement will be governed by Washington law without effect to any principles of conflicts of laws. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.