The Web site of Vertical Computer Systems, Inc. (VCSY) and its affiliates (the "Sites") are accessible worldwide to anyone with Internet access. Access to and use of the Site are subject to the terms and conditions of this Agreement and all applicable laws and regulations governing the Sites.
BY ACCESSING OR VISITING THE SITES, YOU EXPRESSLY ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
VCSY and its affiliates reserve the right to amend the terms and conditions of this Agreement at any time by posting the amended terms on the Sites. Please check this page periodically. You agree to abide by the terms and conditions of this Agreement as amended. This Agreement may not be otherwise amended except in a writing signed by you and VCSY. This Agreement was last revised on February15th, 2006.
You agree that you are only authorized to visit and view the material contained on the Sites, and retain on your own computer and/or print copies of all or part of the Sites for personal, non-commercial uses only. You are not authorized to duplicate, download, publish, modify, re-use or otherwise distribute the material on this Site for any purpose other than for personal, non-commercial use.
The term "Intellectual Property" as used in this Agreement refers to patents, trademarks and service marks, trade names, logos, copyrighted material including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, trade dress, and trade secrets and other confidential business information that are the property of VCSY or its affiliates or licensors. You acknowledge that VCSY or the appropriate affiliate or licensor is the sole owner of the Intellectual Property and the associated goodwill displayed on or used in connection with the Sites.
You agree that the Intellectual Property may be displayed and copied solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of VCSY or the appropriate affiliate or licensor. In addition, you agree not to otherwise display the intellectual property in any way that infringes any rights that VCSY or any of its affiliates or licensors may have in the intellectual property, or to take any action inconsistent with the interest of VCSY or any of its affiliates or licensors in its respective intellectual property. If you acquire any rights in the intellectual property, you agree to assign any such rights immediately back to VCSY or the appropriate affiliate or licensor.
Any software that is made available to download from this server is the proprietary material of VCSY and/or its affiliates and licensors. Use of this software is governed by the terms of the end user License Agreement that accompanies the software. Any use, reproduction or distribution of this software that is not in accordance with the License Agreement is expressly prohibited.
VCSY and its affiliates generally do not object to links to the Sites from third party sites, subject to the conditions set forth herein.
Unless VCSY or its affiliates enter into a written agreement with you, you may not use any of VCSY's or its affiliates' names, logos, design, trademarks or service marks in or with your links, except that you may link to the Sites using the plain text domain name of that site.
You may not present the link in any way that suggests that VCSY or any of its affiliates has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, or to disparage or present false information about VCSY or its affiliates. In addition, you agree to link directly to the home page/first page/ registration page of the Sites, as "deep linking" to the inner pages of the Sites is prohibited without our prior written consent. You may not alter, replicate the content from the Sites or otherwise incorporate any such content onto your site (e.g., by in-lining or framing).
VCSY and its affiliates may at any time, in their sole discretion, immediately terminate your license to use its domain names and your right to link to the Sites, with or without cause. If this right is exercised, you shall immediately remove all links to the Sites and cease using the domain names.
The Sites contain information, facts and opinions from various individuals and organizations.
THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER VCSY NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
Moreover, the information, services and products available on this web site may contain errors and are subject to periods of interruption. While VCSY does its best to maintain the information, services and products it offers on the web site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of this web site.
NEITHER VCSY, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST VCSY, AND/OR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
You agree to indemnify and hold VCSY and its affiliates, subsidiaries, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Sites, including but not limited to your use of the Site to provide a link to another site or to upload content or other information to the Site.
This Agreement and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware without regard to conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas in Dallas County.