Legal Terms and Conditions

Notices Regarding iCentera, Inc. Legal Rights and Use Agreement Regarding Software, Documents and Services Referenced on this Website

Copyright Notice. Content provided by iCentera on this website is copyrighted material of iCentera, Inc., unless otherwise noted.

Trademark Information

® indicates a trademark registered in the United States.

™ indicates a common law trademark that is not registered in the United States.

The following are registered trademarks, trademarks and service marks of iCentera, Inc.

icAdmin	icAnalytics	icIntelligence Center
icPortals	icPowerTools	icPublisher
icSuite	MyIC	Portals for Mortals

All other trademarks, service marks, and product or service names are the property of their respective owners.

If you have any questions about the product names or other legal rights of iCentera, Inc., you may email us at info@icentera.com.

Unless otherwise noted, the names of companies, products, people, characters and/or data mentioned herein are fictitious and are in no way intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

Downloading Software

Any software that is made available to download from this server ("Software") is the copyrighted work of iCentera, Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, iCentera, Inc. AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is iCentera Corporation, 14551 Judicial Road, Suite 121, Burnsville, MN 55306

Use Restrictions

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular area of the iCentera website, or any product or service offered on the iCentera website (each a "iCentera Site/Service", and collectively "iCentera Site/Service(s)") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. 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 iCentera immediately of any unauthorized use of your account or any other breach of security. iCentera 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 iCentera 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.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the iCentera Site/Service(s), you will not use the iCentera Site/Service(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the iCentera Site/Service(s) in any manner that could damage, disable, overburden, or impair any iCentera Site/Service(s) (or the network(s) connected to any iCentera Site/Service(s)) or interfere with any other party's use and enjoyment of any iCentera Site/Service(s). You may not attempt to gain unauthorized access to any iCentera Site/Service, other accounts, computer systems or networks connected to any iCentera Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the iCentera Site/Service(s).

SOFTWARE AND CONTENT AVAILABLE THROUGH THE ICENTERA WEBSITE

Reproduction, distribution, or republication of any information, materials, documents, software, products and services by any means, without the prior express written consent of iCentera, is strictly prohibited. All content and software (if any) that is made available to view and/or download in connection with the iCentera Site/Services, excluding content and/or software that may be made available by end-users through an e-mail service, bulletin board, chat area, news group, forum, community, personal web page, calendar, photo album, file cabinet and/or other message or communication facilities designed to enable you to communicate with others, ("Software") is owned by and is the copyrighted work of iCentera and/or its licensors and is protected by copyright laws and international treaty provisions. The use of any software or documentation is subject to the terms and conditions set forth in the applicable license agreement. Nothing in this iCentera website shall be construed as conferring any license of iCentera System's intellectual property rights without express written consent from iCentera. All rights not expressly granted herein are reserved.

For any Software not accompanied by a license agreement, iCentera, Inc. hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular iCentera Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

TERMINATION/ACCESS RESTRICTION

iCentera reserves the right, in its sole discretion, to terminate your access to any or all iCentera Site/Service(s) and the related services or any portion thereof at any time, without notice. Upon termination of the iCentera Site/Service, your right to use the iCentera Site/Service immediately ceases.

Liability Disclaimer

ICENTERA, Inc., AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ICENTERA, Inc. AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL ICENTERA, Inc. AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ICENTERA, Inc. AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE ICENTERA'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ICENTERA AND ICENTERA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ICENTERA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ICENTERA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ICENTERA OF THE SITE.

Feedback and Information

ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. ICENTERA IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.

General

This agreement is governed by the laws of the state of Delaware, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kent County, Delaware, U.S.A. in all disputes arising out of or relating to the use of the iCentera Site/Service(s). Use of the iCentera Site/Service(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iCentera as a result of this agreement or use of the iCentera Site/Service(s). You agree to indemnify and hold iCentera, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the iCentera Site/Service(s). iCentera reserves the right to disclose any personal information about you or your use of the iCentera Site/Service(s), including its contents, without your prior permission if iCentera has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of iCentera or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. iCentera's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iCentera's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the iCentera Site/Service(s) or information provided to or gathered by iCentera with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iCentera with respect to the iCentera Site/Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iCentera with respect to the iCentera Site/Service(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All matters relating to your access to, or use of, this website shall be governed by the laws of the State of Delaware and the United States without regard to conflicts law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. You may not access, download, use or export the information, software, products, or services contained in this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

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