TERMS AND CONDITIONS
Thank you for using ShareOnWeb, a leading web portal for synchronous and asynchronous collaboration.
1. Personal and Internal Business Use Only ShareOnWeb is available for your use or internal business use in compliance with all rules and regulations. If you want to make commercial use of ShareOnWeb, including but not limited to selling or distributing ShareOnWeb for payment, you must enter into an agreement with Innovative Decision Technologies, Inc. or obtain written permission in advance.
2. Registration Information When you are asked to register, you must provide complete and accurate identification and contact information. Innovative Decision Technologies, Inc. reserves the right to refuse or discontinue use of ShareOnWeb to any applicant at any time.
3. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that you are solely responsible for the content of all video, audio, visual, written or audible communications sent by you or in ShareOnWeb meetings hosted by you.
4. Prohibited Use. You agree that you will not use the Services to
send unsolicited commercial e-mail outside Your company or organization in
violation of applicable law. You further agree not to use the Services
to communicate any message or material that is harassing, libelous,
threatening, obscene, indecent, would violate the intellectual property
rights of any party or is otherwise unlawful, that would give rise to
civil liability, or that constitutes or encourages conduct that could
constitute a criminal offense, under any applicable law or regulation.
Although ShareOnWeb is not responsible for any such communications,
ShareOnWeb may delete any such communications of which ShareOnWeb becomes
aware, at any time without notice to you.
5. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Innovative Decision Technologies, Inc., its affiliates, suppliers and any other party authorized by us to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Innovative Decision Technologies, Inc., its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
6. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE
PROVIDED "AS IS" AND Innovative Decision Technologies,
Inc., ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. Innovative Decision Technologies, Inc.,
ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR
REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE
SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING
FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify,
defend and hold harmless Innovative Decision Technologies, Inc., its
affiliates, officers, directors, employees, consultants, agents, suppliers
and Resellers from any and all third party claims, liability, damages
and/or costs (including, but not limited to, attorneys fees) arising from
Your use of the Services, Your violation of this Agreement or the
infringement or violation by You or any other user of Your account, of any
intellectual property or other right of any person or entity. Without
limiting the foregoing, the Services are not designed or licensed for use
in hazardous environments requiring fail-safe controls, including
without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons
systems. Without limiting the generality of the foregoing, Innovative
Decision Technologies, Inc., its affiliates, suppliers and resellers
specifically disclaim any express or implied warranty of fitness for such
purposes.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Innovative Decision Technologies, Inc. OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WEBEX, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Innovative Decision Technologies, Inc.'s, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
8. Miscellaneous Provisions These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Innovative Decision Technologies, Inc. and/or a third party who make its software and/or content available in conjunction with or through ShareOnWeb.
