Terms of Service
Welcome to Extensis Forums, a web based community for online forums, presented by Celartem, Inc., doing business as Extensis (“Extensis”). Your access to any Extensis online forum (“Forum”) shall be subject to the terms and conditions set forth below and include, without limitation, any applicable posted guidelines, instructions or requirements (collectively, the “Terms of Service”). Extensis reserves the right, from time to time, and in its sole discretion to: (i) update or modify the Terms of Service; and (ii) add, remove, modify, limit or discontinue Extensis Forums or any Forum. Changes take effect when posted by Extensis on Extensis Forums, or upon notification from Extensis.
Acceptance of Terms of Service. If you are provided access to any Forum by Extensis, you agree to be bound by the most current version of the Terms of Service and you are responsible for ensuring that you are aware of and abide by the most current version of the Terms of Service. If you do not agree to the Terms of Service, including any subsequent updates or modifications thereof, your sole recourse is to immediately discontinue access to Extensis Forums and any Forum you have been provided access to.
Additional Forum Terms and Conditions. Access to certain Forums may require additional requirements and/or terms and conditions, including but not limited to, execution of a written agreement. If you do not agree to such additional requirements and/or terms and conditions, your sole recourse is to immediately discontinue access to such Forum.
Account Conditions. In order to establish and maintain an account hereunder for access to and use of Extensis Forums and any Forum, you must: (a) be able to form legally binding contracts. If you are a person, you must be at least eighteen (18) years of age; (b) provide your legal full name, a valid email address and any other information reasonably required by Extensis; and (c) take all reasonable security precautions to safeguard your account and any other sensitive account information in connection with your access to and use of Extensis Forums.
Electronic Communications. When you access Extensis Forums or any Forum, you are communicating with Extensis electronically and you agree to receive communications from Extensis electronically as well. Extensis may communicate with you via email, private messaging or by posting notices in Extensis Forums or any applicable Forum. In addition, certain Forums may allow electronic communications between members of such Forums and you agree to receive electronic communications from other Forum members.
Ownership. You acknowledge and agree that all programs, materials and information, including all intellectual property rights contained therein, provided by Extensis in connection with Extensis Forums or any Forum shall be owned by Extensis (and/or our licensors), including by way of example and not limitation, all equipment, products, software, tools, work papers, devices, images, pictures, photographs, services and any modifications, enhancements, configurations or derivative works thereof (collectively referred to herein as “Extensis Property”). Software or other programs may also be provided under additional terms and conditions and shall be subject to such additional terms and conditions. You may not use Extensis Property except as expressly allowed under the Terms of Service or any additional terms and conditions specific to a Forum. Extensis’ ownership rights also extend to Extensis’ trade names, trademarks, service marks, logos and domain names (collectively referred to herein as “Marks”). You may not use any Marks without the express prior written consent of Extensis. All rights not expressly granted are reserved by Extensis.
Member Content. Extensis Forums or any Forum may contain member submitted content, including your own, such as materials, feedback or suggestions. Extensis does not monitor, screen, approve, recommend or endorse any member content. In no event will Extensis be responsible or liable for any member content, including, but not limited to, any errors or omissions, or damages of any kind. You agree that you will evaluate and that you bear all risks associated with the use of any member content, including any reliance on the accuracy, completeness, or usefulness of such content. You further agree that you are solely responsible for any content that you may transmit or post to Extensis Forums or any Forum and that such content shall be considered non-confidential and non-proprietary information. By posting, storing, or transmitting any content in connection with Extensis Forums or any Forum, you represent that you have all appropriate rights and licenses to such content and you hereby grant to Extensis a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to copy, store, publicly perform, publicly display, distribute, transmit, edit, translate, broadcast, reformat and sublicense such content in the operation of Extensis’ business. No compensation will be paid for any use of member submitted content. Extensis is not obligated to use any member submitted content and may limit or remove any member submitted content at any time. For the avoidance of doubt, you should not include any unsolicited ideas, including ideas for any promotions, new products, technologies, materials or other works which shall be considered non- confidential and non-proprietary information like any other member submitted content.
Prohibited Conduct. While accessing Extensis Forums or any Forum, you agree that you will not:
- violate any laws, including any applicable United States and foreign government export laws, third party rights, the Terms of Service or any additional terms and conditions specific to a Forum;
- distribute or post spam, chain letters, junk mail, pyramid schemes or other unsolicited solicitation;
- distribute viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or other methods or technologies that may harm Extensis Forums, any Forum, or the interests or property of any Extensis Forums or Forum members;
- copy, modify, publish, upload, post, display, perform, license, create derivative works from, transmit, transfer or distribute materials accessed or obtained from Extensis Forums or any Forum, except as otherwise expressly permitted by Extensis under any Forum and such Forum’s additional terms and conditions, if any;
- harvest or otherwise collect information about members, including email addresses, without their consent;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post any content that contains unlawful, harmful, threatening, abusive, harassing, defamatory or libelous materials, is invasive of another's privacy, harms minors in any way, or is otherwise inappropriate;
- post any content that harasses, degrades, intimidates or can be construed as hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or include any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- advertise any illegal services or the sale of any items which are prohibited or restricted by applicable law;
- imply that Extensis endorses your content, products or services;
- misrepresent your relationship with Extensis;
- present false information about Extensis or Extensis Forums or any Forum;
- employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through Extensis Forums or any Forum;
- attempt to gain unauthorized access to Extensis Forums, any Forum or Extensis’ computers, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality or security of Extensis Forums or any Forum;
- copy or reproduce any portion of Extensis Forums or any Forum to any other server or location for further reproduction or redistribution;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Extensis Forums or any Forum; or
- use any of Extensis’ proprietary marks without Extensis’ express prior written consent.
Right to Restrict or Terminate Access. Extensis reserves the right with or without notice to restrict, modify, suspend or terminate your access to Extensis Forums or any Forum, in whole or in part, if, in Extensis’ sole judgment, your access and use may (i) present a security risk or will interfere with the proper continued operation of Extensis’ data center or related services; (ii) violate applicable laws or governmental regulations, including without limitation consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer and telecommunications laws; (iii) violate or infringe any intellectual property right of any party; (iv) violate export control regulations of the United States or other applicable countries; (v) be subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop; or (vi) violate the Terms of Service or any additional terms and conditions specific to a Forum. Extensis shall also have the right to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request. If your access to Extensis Forums or any Forum is restricted or terminated, Extensis reserves the right to exercise whatever means Extensis deems necessary to prevent unauthorized access to Extensis Forums or any Forum, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider.
Indemnity and Hold Harmless. You agree that Extensis is not responsible for other member’s actions or inactions, including things they post. Extensis has no control over and does not guarantee the quality, safety, legality or the truth or accuracy of any content posted by any member. If you have a dispute with one or more members, you release Extensis (and our officers, directors, agents and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will indemnify and hold Extensis (and our officers, directors, agents 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 Extensis Forums or any Forum, your content, your breach of the Terms of Service or any additional terms and conditions specific to any Forum, or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF EXTENSIS PROPERTY OR ACCESS TO EXTENSIS FORUMS OR ANY FORUM ARE ENTIRELY AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS ONLY. EXTENSIS IS NOT OBLIGATED TO PROVIDE ANY SUPPORT FOR ANY EXTENSIS PROPERTY ACCESSED OR OBTAINED FROM EXTENSIS FORUMS OR ANY FORUM. EXTENSIS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EXTENSIS DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF EXTENSIS PROPERTY, EXTENSIS FORUMS OR ANY FORUM. EXTENSIS DOES NOT GUARANTEE THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF EXTENSIS PROPERTY, EXTENSIS FORUMS OR ANY FORUM.
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL EXTENSIS (OR ITS LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXTENSIS’ (OR ITS LICENSORS) LIABILITY FOR ANY OTHER DAMAGES SHALL NOT EXCEED AN AGGREGATE OF $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE OR ANY OTHER BASIS.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Service.
Links. Extensis Forums or a Forum may provide links to third party web sites. These links are provided for member convenience only and Extensis does not endorse these third parties or their products and services. Extensis does not control these third parties or their web sites and shall not be responsible for the content of any linked site or any link contained in a linked site. Extensis is not responsible for your access to and/or use of these third party sites. Extensis further reserves the right to terminate any link at any time without notice for any reason. If you access any of the third party web sites linked to Extensis Forums or a Forum, you do so entirely at your own risk.
Privacy and Information Disclosure. The most current version of Extensis’ Privacy Statement can be reviewed by clicking on the “Privacy Statement” hypertext link located at the bottom of this web site. Your access and/or use of Extensis Forums or any Forum signify your acknowledgment and agreement to our Privacy Statement.
General. The Terms of Service (including any additional terms and conditions specific to a Forum) constitutes the entire agreement between you and Extensis with respect to your access to and use of Extensis Property, Extensis Forums and any Forum. Any and all disputes hereunder shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. The failure of Extensis to exercise or enforce any right or provision of the Terms of Service (including any additional terms and conditions specific to a Forum) shall not constitute a waiver of such right or provision. If any provision of the Terms of Service (including any additional terms and conditions specific to a Forum) is found by a court of competent jurisdiction 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 shall remain in full force and effect.
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