AnnoMate.com: Web Calendar, Contact Manager, To Do Lists, Tasks, File Storage, Photo Albums

Terms and Conditions

Agreement Between User and AnnoMate Corporation
This Web site ("AnnoMate.com") is offered to you, the user, conditioned on your acceptance without modification of these Terms of Use. Your use of this Web site constitutes your agreement to the Terms of Use.

DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Personal and Noncommercial Use Limitation
AnnoMate Corporation is for your personal and noncommercial use. You may not copy, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from AnnoMate Corporation.

No Unlawful or Prohibited Use
As a condition of your use of this Web site, you warrant to AnnoMate Corporation that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms of Use.

Use of Bulletin Board, Chat Rooms and Other Communications Forums
If this Web site contains bulletin boards, chat rooms or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Except to the extent expressly allowed, advertise or offer to buy or sell any goods or services, or conduct or forward surveys, contests or chain letters. If a Forum expressly allows you to send or post messages offering to buy or sell goods or services, you may not send or post more than one message per week per Forum. In no event may you use any such Forum to advertise or sell any goods or services which you are in the business of advertising or selling.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by AnnoMate Corporation, and such communications shall not be considered reviewed, screened or approved by AnnoMate Corporation. AnnoMate Corporation reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. AnnoMate Corporation reserves the right to deny in its sole discretion any user access to AnnoMate Corporation Forums without notice.

Software Available on this Site
Software (if any) that is made available to download from AnnoMate Corporation ("Software") is the copyrighted work of AnnoMate Corporation and/or its suppliers. Your 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"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, AnnoMate Corporation hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose. Please note that all Software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by AnnoMate Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the 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 SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

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.

Links to Third Party Sites
This Web site may contain hyperlinks to Web sites operated by parties other than AnnoMate Corporation. Such hyperlinks are provided for your reference only. AnnoMate Corporation does not control such Web sites and is not responsible for their contents. AnnoMate Corporation's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

Service Contact
Contact webmaster@annomate.com with questions or problems with this Web site.

Copyright and Trademark Notices:
All contents of this Web site are: Copyright © 2004 AnnoMate Corporation and/or its suppliers, Eden Prairie, MN 55346

AnnoMate Corporation and other names of AnnoMate Corporation products and/or services referenced herein are trademarks or registered trademarks of AnnoMate Corporation. Other product and company names mentioned herein may be the trademarks of their respective owners.

Modification of These Terms and Conditions
AnnoMate Corporation reserves the right to change the terms, conditions and notices under which this Web site is offered.

General
This agreement is governed by the laws of the State of Minnesota, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Hennepin, Minnesota, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site 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 AnnoMate Corporation as a result of this agreement or use of this Web site.

AnnoMate Corporation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AnnoMate Corporation's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by AnnoMate Corporation 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.

This agreement constitutes the entire agreement between the user and AnnoMate Corporation with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AnnoMate Corporation with respect to this Web site. 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.

Fictitious names of companies, products, people, characters and/or data that may be used herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.