Terms and Conditions for Use of this Web Site This document was last updated on February 12, 2004 Thank you for visiting our Web site. By accessing or using any areas of our Web site www.cmoffice.com or www.cmoffice.net and all related servers operated by (Resiant Networks), you are bound by the terms and conditions set forth below, as well as the terms of our Web Site Privacy Statement. If you do not accept these terms and conditions, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page. Permission to Use this Web Site Many portions of this Web site are available for public viewing and use. You must register or enter into a separate agreement with Resiant Networks to access other portions of this Web site. Subject to the terms and conditions set forth on this page, our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Resiant Networks grants you permission to do the following: (i) view and use for intended purposes those portions of this Web site to which we have granted you access; (ii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iii) use the e-mail links to which you have been granted access to contact Resiant Networks. Any other use of this Web site or its contents is prohibited without first obtaining written permission from Resiant Networks. Not Legal Advice Content within this Web site is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk. Copyright, Trademarks and Other Proprietary Rights This Web site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Resiant Networks, Inc. and/or its licensors, and Resiant Networks and its licensors reserve all rights with respect to this Web site’s content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it. RESIANT NETWORKS, CMOFFICE are trademarks of Resiant Networks, Inc. Use of Resiant Networks’ trademarks, product names, company names and logos appearing on this Web site are the property of Resiant Networks. You must obtain permission from Resiant Networks before copying or using their trademarks, product names, company names or logos. Linking, Framing, and Metatags You may make referential links to any of the publicly accessible pages on this Web site that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our Web site. We cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same. You may not link to our Web site in any way that might lead others to believe that our Web site or any of its contents were created or are operated or offered by you or any party other than Resiant Networks. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our Web site or any of its contents, nor may you place any text or other content on your Web site that states or implies that there is any association between you and Resiant Networks. You may not use any of Resiant Networks’ trade names, trademarks or any of the textual content of our Web site as metatags in your own Web site, unless we have granted you a license explicitly permitting you to do so. Communication and Submissions via this Web Site Whenever you communicate with Resiant Networks or others using this Web site, your communications are nonconfidential. Resiant Networks is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you. Member Account, Security and Password If any of the products or services available to you on this Web site requires you to open an account, you must complete the sign up registration process by providing us with current, complete and accurate information as prompted by the applicable sign up registration form. You may be asked to choose a user name and/or password. 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 Resiant Networks immediately of any unauthorized use of your account or any other breach of security. Resiant Networks 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 Resiant Networks or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Your subscription to our products or services is subject to the terms and conditions set forth within the sign up registration form, Privacy Policy and Service Usage Agreement. Third Party Statements and Opinions Resiant Networks is not responsible for any opinions, advice or statements made by third parties. Third Party Products, Services and Web Sites Third parties may provide materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via this Web site. Resiant Networks makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this Web site. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them. This Web site may contain links to third party Web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the Web site, the Web site’s content, or any products or services available on or via the Web site. Resiant Networks does not control and is not responsible for linked Web sites, or any Web sites (other than our own) that are linked to them. No Warranties THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. RESIANT NETWORKS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability or quality of any products or services AVAILABLE VIA this Web site (except as may be set forth in any license or other agreement related to those products or services). Limitation of Liability RESIANT NETWORKS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. RESIANT NETWORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. Indemnification. You agree to indemnify, defend and hold harmless Resiant Networks, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use by you. Unlawful Activity. Resiant Networks reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features. Export and Import Restrictions This Web site is controlled and operated by Resiant Networks from its offices within the United States. Resiant Networks makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited. Miscellaneous Terms and Conditions The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page. No delay or failure to take any action or exercise any right that Resiant Networks may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Resiant Networks. Any litigation arising out of or related to your access to or use of this Web site will be brought only in the United States District Court for the District of Minnesota, or, if federal subject matter jurisdiction is lacking, then in the Minnesota state trial court for the division and county in which Resiant Networks’ or its successor’s or assign’s principal office in Minnesota is then located. By accessing or using this Web site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation. The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the State of Minnesota, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this Web site, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of Resiant Networks that explicitly authorizes a use which is inconsistent with these terms and conditions.