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Helpstream Site Terms of Use
 
 
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  Helpstream Site Terms of Use

Acceptance of Terms

When you access this Site, you acknowledge you have read and agree to the terms and conditions listed below. If you do not agree to the terms discussed here, you should exit this Site immediately.

Site Terms of Use

This Site Terms of Use was last modified on September 21, 2008.

This Site is presented and operated by Helpstream, Inc. ("Helpstream").

Helpstream makes information and downloads available on this Site, subject to the following terms and conditions. By accessing this Site, you agree to all terms and conditions. Helpstream reserves the right to change these terms and conditions, and the information and downloads mentioned in this Site at any time, at its sole discretion, without notice. Helpstream reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

This Site is owned and operated by Helpstream. All materials appearing on this Site, including the content, Site design, graphics, logos, and images, as well as the selection, assembly and design thereof, are the sole property of Helpstream and our licensors. You agree to use the content of this Site only for your personal use. We authorize customers and prospective customers to download and print documents and portions of documents, including but not limited to information published by us on this Site and expressly provided as "downloadable", solely for internal viewing and browsing purposes. Any information or software that you access or download are expressly governed by the terms and conditions of the applicable license agreement or partnership agreement with Helpstream. Documentation and white papers may be downloaded and distributed only for the furtherance of Helpstream business. Any other modification, reproduction, copying, display, incorporation into any other Web Site or other work, mirroring this Site, redistribution or publication of any downloaded material is strictly prohibited without our express written consent. You agree not to modify or delete any copyright or trademark notices from any copy of any documents which you download, use, or print from this Site.

The materials at this Site may be out of date, and Helpstream makes no commitment to update materials on this Site.

Linking to and Links from this Site

To request permission to link to this Site, send a request by email to “webmaster” (quote marks omitted) @helpstream.com or “webmaster” (quote marks omitted) @helpstream.com. We reserve the right to refuse anyone permission to link to our Site, for any or no reason. This Site may contain links to third party Sites; Helpstream is not responsible for the content of any linked Sites. Helpstream provides these links as convenience and does not endorse the companies or the contents of any linked Sites.

Copyright and Trademark Notices

The information on this Site is protected by copyright. Except as specifically permitted, no portion of this Site may be distributed or reproduced by any means, or in any form, without Helpstream's prior written permission.

Helpstream, Helpstream Interactive Checklists, Pathworks, Pathrunner, Pathbuilder and the Helpstream and Pathworks logos are trademarks of Helpstream, Inc. and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

© 2004 - 2008 Helpstream, Inc. 2001 Landings Drive, Mountain View, CA 94043 USA. All rights reserved.

Availability

The availability of the products, programs, and services described on this Site and the product descriptions may vary from country to country and may contain references to items that have not been announced in your country. These references do not imply that Helpstream intends to announce such services, programs, or products in your country. Consult your Helpstream account executive for specific product information.

User Forums and Discussion Groups

Helpstream does not monitor or control the messages, content information, or files posted to forums and discussion groups on this Site. You understand and agree that Helpstream has no obligation to monitor or regulate any forum or discussion group that appears on this Site. You acknowledge that it is Helpstream's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Site and that Helpstream reserves the right at all times to edit, block, or to remove any information or materials, in whole or in part, that in Helpstream's sole discretion, are objectionable or in violation of the Terms of Service.

You are prohibited from posting or transmitting any material on this Site that infringes or violates the rights of others; is defamatory, deceptive, misleading, abusive, profane, unlawful, threatening, obscene, libelous, or otherwise offensive; contains any virus or other content that may damage the Site; contains any advertising or is otherwise intended for commercial purposes; or violates any laws, rules, or regulations of any governmental or other administrative organization. Any material, content, idea, concept, or information submitted or posted on this Site will be considered non-confidential and non-proprietary. Helpstream may share or otherwise use your submission for any purpose whatsoever. If any of the information constitutes personal data, you agree that Helpstream may transmit such data across international boundaries for any Helpstream business-related purpose. Personal data will be treated as described in our Privacy Statement.

Submissions

Helpstream does not want to receive confidential or proprietary information or business ideas through this Site. Any information submitted to Helpstream will be deemed NOT CONFIDENTIAL. Helpstream does not want and cannot accept any ideas, concepts, business plans, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, plans, concepts, suggestions and other similar submissions disclosed, submitted or offered to us on this Site or otherwise (collectively, "Submissions") are not confidential and will become and remain the property of Helpstream. We shall be entitled to use, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.

No Advice or Recommendations

This Site offers information, resources, and tools to provide a better understanding of our products and offerings to customers, potential customers, and partners. We do not provide business advice through this Site, including but not limited to, any "Return on Investment" (ROI) documents, white papers, collateral, etc.

Downloads

Any software that Helpstream makes available for access or download from this Site is subject to the terms and conditions of the license agreement governing its use, reproduction, and distribution. You may not download or otherwise export any materials, or software except in full compliance with all United States and other applicable laws and regulations. By downloading materials or software, you agree to the foregoing.

Disclaimers and Liability Limitations

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND HELPSTREAM, ALL INFORMATION AND SOFTWARE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HELPSTREAM ASSUMES NO RESPONSIBILITY FOR OMISSIONS OR ERRORS IN THE INFORMATION, SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

IN NO EVENT SHALL HELPSTREAM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: 1. RELIANCE ON THE MATERIALS PRESENTED, 2. COSTS OF REPLACEMENT GOODS, 3. LOSS OF USE, DATA OR PROFITS, 4. DELAYS OR BUSINESS INTERRUPTIONS, 5. AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT HELPSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, HELPSTREAM MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts of Santa Clara County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms may be brought by either party more than one year after the cause of action has occurred.

How to Contact Helpstream

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Phone:

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