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| Acceptance of Terms
of Use for This Website |
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YOU MUST READ THESE WEBSITE TERMS OF USE ("TERMS") CAREFULLY.
SPRINGWATER CAPITAL LLC AND ITS AFFILIATES ("SPRINGWATER")
PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS,
AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"),
SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN
SPRINGWATER AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH
THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c)
ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, DO NOT USE THIS WEBSITE. |
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| Your Obligations and
Conduct |
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In consideration of Your use of the Website, You agree to:
(a) provide accurate, current, and complete information about You as may
be prompted by a registration form on the Website (the "Registration
Data"); (c) maintain and promptly update the Registration Data, and
any information You provide to Springwater, to keep it accurate, current
and complete; and (d) accept all risks of unauthorized access to information
and Registration Data. |
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| When You gain access to the full services on the Website,
you are asked to choose a password. You are responsible for maintaining
the confidentiality of your password. You agree not to disclose your password
to any third party. You will hold Springwater harmless for any damage
arising from a third party accessing the Service using a password you
disclosed. |
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| You are entirely responsible for all Content that You upload,
post or otherwise transmit via the Website. You agree not to upload, post
or otherwise transmit via the Website Content that: (a) is inaccurate,
harmful, obscene, pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to Springwater or other users of
the Website; (b) includes unauthorized disclosure of personal information;
(c) violates or infringes anyone's intellectual property rights; or (d)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment. Springwater reserves
the right to edit or remove Content that violates these Terms or that
contains third-party commercial advertisements. |
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| You agree that You will not use the Website to: (a) transmit
spam, bulk or unsolicited communications; (b) pretend to be Springwater
or someone else, or spoof Springwater's or someone else's identity; (c)
forge headers or otherwise manipulate identifiers (including URLs) in
order to disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity; (e) disrupt
the normal flow of dialogue or otherwise act in a manner that negatively
affects other users' ability to use the Website; (f) engage in activities
that would violate any fiduciary relationship, any applicable local, state,
national or international law, or any regulations having the force of
law, including but not limited to attempting to compromise the security
of any networked account or site, operating an illegal lottery or gambling
operation, stalking, or making threats of harm; or (g) collect or store
personal data about other users unless specifically authorized by such
users. |
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| Delivery of Email |
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Springwater will attempt to deliver all of the e-mail that
is addressed to Your e-mail address on Springwater's Services. However,
the nature of e-mail is such that Springwater cannot guarantee delivery
of such e-mail. |
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| Content Provided
Via Links |
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You may find links to other Internet sites or resources
on the Website. You acknowledge and agree that Springwater is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
Springwater will not be responsible or liable, directly or indirectly,
for any actual or alleged damage or loss caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource. |
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| mConnects content on the Website is the intellectual property
of mConnects.com. Any copying, republication or redistribution of mConnects
content, including by caching, framing, or similar means, is expressly
prohibited without the prior written consent of mConnects. mConnects shall
not be liable for any errors or delays in content, or for any actions
taken in reliance thereon. |
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| Intellectual Property
Rights |
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Except as expressly authorized by Sun or by Content providers,
You agree not to reproduce, modify, rent, lease, loan, sell, distribute,
mirror, frame, republish, download, transmit, or create derivative works
of the Content of others, in whole or in part, by any means. You must
not modify, decompile, or reverse engineer any software Springwater discloses
to You, and You must not remove or modify any copyright or trademark notice,
or other notice of ownership. |
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| All content created by Springwater, its partners, or its
suppliers and included on the Service, such as text, logos, graphics,
images, javascript code, HTML code, and other software, is the property
of Springwater (or its partners or suppliers) and protected by U.S. and
international copyright and other intellectual property laws. |
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| "Springwater Trademarks" means all names, marks,
brands, logos, designs, trade dress, slogans and other designations Springwater
uses in connection with its products and services. You may not remove
or alter any Springwater Trademarks, or co-brand your own products or
material with Springwater Trademarks, without Springwater's prior written
consent. You acknowledge Springwater's rights in Springwater Trademarks
and agree that any use of Springwater Trademarks by You shall inure to
Springwater's sole benefit. You agree not to incorporate any Springwater
Trademarks into Your trademarks, service marks, company names, Internet
addresses, domain names, or any other similar designations, for use on
or in connection with computer or Internet-related products, services
or technologies. |
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| Indemnity |
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You agree to indemnify and hold Springwater, and its subsidiaries,
affiliates, officers, agents, and employees, harmless from any loss, damage,
claim or demand, including reasonable attorney fees, arising out of your
Content, your use of the Service, your connection to the Service, your
violation of the Terms of Use, or your violation of any rights of another,
whether you are a registered user or not. You are solely responsible for
your actions when using the Service, including, but not limited to, costs
incurred for Internet access. |
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| Limitation of Liability |
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TO THE FULL EXTENT PERMITTED BY LAW, SPRINGWATER IS NOT
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS,
REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS,
OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE
WEBSITE, EVEN IF SPRINGWATER HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY
COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE,
WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING
WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO
USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED,
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE
WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE,
INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS
OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS;
OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. |
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| TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. |
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| Springwater Capital's
Privacy Policy |
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You consent to the collection, processing and storage by
Springwater of Your personal information in accordance with the terms
of Springwater's Privacy Policy, which is available at http://www.SpringwaterC.com/privacy_policy.html.
You agree to comply with all applicable laws and regulations, and the
terms of Springwater's Privacy Policy, with respect to any access, use
and/or submission by You of any personal information in connection with
this Website. |
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| Applicable Law |
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The laws of the State of Utah will govern the Terms of Use,
without giving effect to any principles of conflicts of laws. |
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