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THIS TERMS OF USE FOR CUSTOMER LOGIN (“TOU”) IS A BINDING, CONTRACTUAL AGREEMENT
(“AGREEMENT”) BETWEEN YOU AND SKYBITZ, INC. (“SKYBITZ”). PLEASE READ
THIS TERMS OF USE CAREFULLY BEFORE SETTING UP AND USING THE SKYBITZ CUSTOMER
INSIGHT WEB APPLICATION (SKYBITZ INSIGHT) (THE “SERVICES” OR “SKYBITZ
SERVICES”). THE CONTENTS OF THIS TOU (TO WHICH YOUR COMPANY AGREED IN
PRINCIPLE UPON EXECUTION OF THE MASTER AGREEMENT AND THE SKYBITZ INSIGHT
SERVICES ADDENDUM GOVERN YOUR USE OF THE SKYBITZ INSIGHT. IF YOU DO NOT
AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SKYBITZ INSIGHT.
SkyBitz may change these Terms of Use from time to time without notice,
and such changes will be effective on the date they are posted on the
SKYBITZ INSIGHT. Use of the SKYBITZ INSIGHT after such changes have been
posted constitutes Your acceptance of all such changes.
Legal Notices
All contents are Copyright © 1995--2003
SkyBitz, Inc.
All rights reserved.
No portion of this service may be reproduced in any form, or by any means,
without prior written permission from SkyBitz.
1. Rules and Regulations.
(a) The following rules and regulations apply to all visitors to or
users of this Web Site. By accessing this Web Site, you acknowledge acceptance
of these terms and conditions. SkyBitz reserves the right to change these
rules and regulations from time to time at its sole discretion. In the
case of any violation of these rules and regulations, SkyBitz reserves
the right to seek all remedies available by law and in equity for such
violations. These rules and regulations apply to all visits to the SkyBitz
Web Site, both now and in the future.
(b) Eligibility Requirements. To register your company for using the
SkyBitz InSight, you must: (a) be an employee designated by your company
to register for the SkyBitz InSight, (b) agree to these Terms of Use,
and (c) complete the registration procedure. By registering for the SkyBitz
InSight, you represent and warrant that you are eligible to register as
specified herein, and that the information you include as part of the
registration process is complete and accurate.
(c) ID and Password. In connection with your registration, you will
receive a user name and a password. You are responsible for keeping your
user name and password confidential and for all activity that occurs on
the SKYBITZ INSIGHT through your account. You agree not to disclose your
user name and password to any person outside of your company, and you
agree to notify SkyBitz immediately of any actual or suspected unauthorized
use of your account. SkyBitz will not be responsible for any loss or
damage caused by your failure to comply with this paragraph.
(d) Use of the SKYBITZ INSIGHT. You may only use the SKYBITZ INSIGHT
in accordance with these Terms of Use, any posted policies and procedures
that appear on the SKYBITZ INSIGHT, and for lawful purposes. You agree
not to use the SKYBITZ INSIGHT to: (a) post or transmit any material
that infringes or misappropriates any third party’s copyright, trademark,
trade secret, patent, or other proprietary rights, (b) distribute computer
viruses, worms, or software intended to damage or alter a computer system
without the owner’s consent, (c) use “auto-responders,” “cancel-bots,”
or other similar mechanisms that generate excessive network traffic, (d)
post or send any unlawful, harmful, defamatory, pornographic, obscene,
vulgar or otherwise objectionable material, or (e) attempt to gain unauthorized
access to the SKYBITZ INSIGHT, other accounts, computer systems or networks
connected to the SKYBITZ INSIGHT through login password mining or any
other means.
2. Limited License.
SkyBitz hereby authorizes you to copy materials published by SkyBitz
on this Web Site solely for non-commercial use within your organization
(or if you are a SkyBitz Partner, your customer's organization) in support
of SkyBitz products and services. No other use of the information is authorized.
In consideration of this authorization, you agree that any copy of these
materials which you make shall retain all copyright and other proprietary
notices in the same form and manner as on the original. Except as specified
above, nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent, trademark
or copyright of SkyBitz or any third party. ALL CONTENTS ON THIS SITE
ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO
PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM,
OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM SKYBITZ. VISITORS
OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR
CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC
OR COMMERCIAL PURPOSES.
3. Compliance
With Applicable Laws; Export Control Laws.
User access to this Web Site is governed by all applicable federal,
state and local laws. All information available on the Web Site is subject
to U.S. export control laws and may also be subject to the laws of the
country where you reside.
4. Proprietary Rights; No Disclosure.
The SKYBITZ INSIGHT and certain content therein is protected by copyright,
trademark, patent, and/or other intellectual property and proprietary
rights laws. The SKYBITZ INSIGHT and all information and content provided
by SkyBitz (and all proprietary rights therein) are owned by SkyBitz,
or its licensors. You must abide by all copyright notices, information,
or restrictions contained in or attached to any content or any portion
of the SKYBITZ INSIGHT. All information and content made available on
the SKYBITZ INSIGHT is for exclusive use by the employees of SkyBitz’s
customers, and accordingly you agree that: (a) you will not copy, distribute,
republish, display, or transmit any information or content you obtain
from the SKYBITZ INSIGHT, (b) you will not use the information or content
you obtain from the SKYBITZ INSIGHT for any purpose other than in connection
with the business activities of your company, and (c) upon termination
of your employment with the company under which you registered for the
SKYBITZ INSIGHT, you will destroy any copies of any information or content
you obtained from the SKYBITZ INSIGHT and will not use such information
or content.
In particular, the trademarks, logos and service marks ("Marks")
displayed on this Web Site are the property of SkyBitz or other third
parties. Users are not permitted to use these Marks without the prior
written consent of SkyBitz or such third party which may own the Mark.
5. General Disclaimer.
Although SkyBitz has attempted to provide accurate information on the Web Site,
SkyBitz assumes no responsibility for the accuracy of the information.
SkyBitz may change the programs or products mentioned at any time without
notice. Mention of non-SkyBitz products or services is for information
purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS"
WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED
6. Limitation of Liability.
In no event will SkyBitz be liable for direct, indirect, incidental,
punitive or consequential damages (including without limitation those
resulting from lost profits, lost data or business interruption) arising
out of the use of or inability to use the SKYBITZ INSIGHT, whether based
on contract, tort or other legal theory, and regardless of whether SkyBitz
knew or was advised of the possibility of such damages. Some jurisdictions
do not allow the limitation of incidental or consequential damages, so
the above limitation may not apply to you.
7. Indemnification.
You agree to indemnify and hold SkyBitz, its partners, employees, and
agents harmless from any and all losses, liabilities, damages and/or costs
(including reasonable attorneys' fees) arising from any third-party claims
arising from or related to your use of the SKYBITZ INSIGHT or your violation
of the Terms of Use.
8. Disclosure;
Forward-Looking Statements.
Some of the information on this Web Site may contain projections or
other forward-looking statements regarding future events or the future
financial performance of the Company. We wish to caution you that these
statements are only predictions and that actual events or results may
differ materially.
9. Links
to Third Party Sites.
This Web Site may contain links to third party sites. Access to any
other Internet site linked to this Web Site is at the user's own risk
and SkyBitz is not responsible for the accuracy or reliability of any
information, data, opinions, advice or statements made on these sites.
SkyBitz provides these links merely as a convenience and the inclusion
of such links does not imply an endorsement.
10. Access to Password Protected/Secure
Areas.
Access to and use of password protected and/or secure areas of the Web
Site is restricted to authorized users only. Unauthorized individuals
attempting to access these areas of the Web Site may be subject to prosecution.
11. Termination.
SkyBitz may suspend or terminate your access to the SKYBITZ INSIGHT,
without prior notice, if you engage in any conduct that SkyBitz believes,
in its sole discretion: (a) violates any provision of the Terms of Use;
(b) violates the rights of SkyBitz or third parties; or (c) is otherwise
inappropriate. Upon termination of your employment with the company in
connection with whom you registered for the SKYBITZ INSIGHT, you agree
not to use the password or user name assigned to you.
12. General.
The Terms of Use will be governed by and construed in accordance with the laws
of the Commonwealth of Virginia as they are applied to contracts entered
into by residents thereof and performed entirely within Virginia. You
consent to the exclusive jurisdiction of the state courts in Fairfax Country,
Virginia, and the U.S. District Court for the Eastern District of Virginia
(Alexandria Division) and you further consent to the exercise of personal
jurisdiction of the courts therein. If any provision(s) of the Terms of
Use is found to be contrary to law, then such provision(s) will be construed,
as nearly as possible, to reflect the intentions of the parties with the
other provisions remaining in full force and effect. Any waiver, modification,
or amendment of these Terms of Use must be in writing and signed or otherwise
authenticated by SkyBitz. You may not assign this agreement to any other
party, and any such attempted assignment is void. These Terms of Use
constitute the entire agreement between you and SkyBitz with respect to
the subject matter herein and supersede any and all prior or contemporaneous
oral or written agreements.
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