GENERAL TERMS AND CONDITIONS ON USE OF AND PRIVACY POLICY FOR
ACCESS TO THE SAVID WEBSITE AND ITS EXTRANET APPLICATIONS TERMS AND CONDITIONS
Please read these terms and conditions of use before
using this Site. All access and use of the information contained on
the Site by you (the "User") of the Savid Technologies, Inc. ("SAVID") Website
("Site") provided by Savid Technologies, Inc. is subject to the following
general terms and conditions. By using this Site and any of SAVID's
products or services, and providing any personally identifiable
information to SAVID, User consents to this privacy policy. SAVID reserves
the right to modify, alter, or update this Privacy Statement at any
time. SAVID will post any revised Privacy Statement on the Site to
apprise User of what information is collected, how it is used, and
under what circumstances it may be disclosed. Any modifications,
alternations, or updates of the SAVID Privacy Statement will be effective
upon posting, and User's continued use of this Site will constitute
User's consent to any revised Privacy Statement.
Security
Each User of
an SAVID Extranet application is given a distinctive password/PIN and
agrees to keep it secret. The term "User" shall only include the User
who was given the password. Each User is responsible for all actions
under their respective User password. SAVID shall have no liability for
unauthorized use of a User's password.
Disclaimer, Limitation of Liability and Protection of Information
All information provided on this Site ("Contents") is subject to change without notice. The
content posted on this Site is "as is". SAVID disclaims all warranties
express or implied, for any services or contents provided on or through
this Site, including the implied warranty of merchantability and
fitness for a particular purpose. SAVID does not warrant that functions
contained on this Site will be uninterrupted or error-free, or that
this Site or the server are free of viruses or other harmful components.
SAVID shall not be liable for indirect, incidental,
consequential or special damages, lost profits, lost savings or lost
revenues, arising out of or in connection with the use of contents or
services provided via this Site, whether or not SAVID has been advised of
the possibility of such damages, SAVID shall not be liable for the breach
of any obligation imposed on SAVID hereunder or in connection herewith,
arising from claims based in warranty, contract, tort (including
negligence), strict liability, or otherwise.
Although SAVID believes that all of the information
contained on its Site is accurate and complete and that it has made
every effort to keep this information up-to-date, SAVID does not
represent or warrant the accuracy or completeness of any information on
the Site. SAVID places the utmost importance on protecting information
transmitted via the Site and will take reasonable security precautions
to protect any such information; however, SAVID cannot guarantee that any
electronic commerce is totally secure. As a result, SAVID disclaims any
liability resulting from any loss or damage resulting from a breach in
the security of the website or loss of Information.
Access and Use of Information
Access
to this Site is limited to viewing the available web pages and
exchanging and submitting information and ideas for SAVID and Users,
legitimate business purposes. Any attempt to access other areas of
SAVID's Systems or other information contained on such Systems for any
purpose is strictly prohibited and with regard to Extranet applications
may result in the termination of User's access to these applications.
Ownership of Contents
All
Contents contained on or submitted to this Site are subject to the
ownership rights of SAVID. SAVID authorizes Users to make a single copy of
Content (but not software) for User's legitimate business use as part
of the SAVID family. No right, title or interest in any downloaded
Contents used on this Site is transferred to the User as a result of
any permission to copy or use the Content. User shall not alter or
remove any copyright or trademark notice or proprietary legend
contained in the Contents. No other permission is granted to User to
print, copy, reproduce, distribute, transmit, upload, download, store,
display in public, alter, or modify, create derivative works from, sell
or participate in any sale of, or exploit in any way, in whole or in
part, any of the Contents, the Site, or any software used in connection
therewith. User agrees not to derive or attempt to copy or derive the
source code, source files or structure of all or any portion of the
Contents, the Site, or any software used in connection therewith by
reverse engineering, disassembly, decompiling or otherwise.
Trademarks, Patents, and Other Intellectual Property
The
SAVID Site contains SAVID trademarks and service marks ("Marks"). All
marks are the property of SAVID. All rights in the intellectual property
contained in this Site, including copyright, trademarks, trade secret
and patent rights are reserved to SAVID. Access to this Site does not
constitute a right to copy or use any of the intellectual property of
SAVID or its suppliers, except as specifically provided above.
Hypertext Links
This
site may be linked to other web sites, which are not maintained by SAVID
excluding sites with sexual and/or illegal content. SAVID is not
responsible for the content of those sites, and there is no sponsorship
or recommendation by SAVID of such sites. SAVID disclaims any liability
for any loss or damages arising from the use of content or services
provided by any third-party service or resource or site. In order to
create and maintain links, all Users must comply with these linking
terms. Additionally, the Site may offer links to other web sites,
which may be governed by information policies and site terms and
conditions different from those provided by SAVID. SAVID does not control,
and is not responsible for, the privacy policies or practices of any
such site.
PRIVACY POLICY
SAVID intends to help its Users retain
their privacy while they take advantage of all this Site has to offer.
SAVID is committed to protecting User's privacy while giving User a
better, more efficient, online experience. SAVID does not sell customer
information; nor does it provide customer information to persons or
organizations not affiliated with the SAVID family, and SAVID
contractually requires any person or organization that is affiliated
with SAVID to protect the confidentiality of SAVID customer information.
The Information We Collect
The
Site may collect various types of information from Users, such as
Personal Information pertaining to User, i.e., name, address, telephone
number, and General Information, i.e., IP address, domain name, and the
pages accessed while visiting the Site. SAVID may also retain the
content of the communications with Users or may use cookies or
automatic data collection devices.
Use of Information
SAVID
may use User's Personal Information to operate this Site, to
communicate with User or to compile general demographic and business
statistics. This information is also collected to aggregate
statistical information, facilitate system administration, and improve
the contents of the Site. SAVID may also use information collected to
notify Users of changes to the Site, and for any other legitimate and
lawful business purposes, as determined by SAVID.
Disclosure of Information
SAVID
may also disclose User's Personal or General Information if such
disclosure is required by law or is pursuant to the good-faith belief
that such action is necessary to: (a) protect and defend the rights or
property of SAVID, the Site or other Users, and (b) act to protect the
personal safety of Users, of SAVID, the Site or the public. AT SAVID's
sole discretion, it may transfer Personal Information to successors in
interest or assigns.
Contacts
As part of
your participation in this Site, SAVID may allow you to receive or not
receive certain information and e-mail and may send you certain
information and e-mail.
NOTICE - GENERAL PROVISIONS
Force Majeure
SAVID
shall not be liable for any delay in or impairment of performance
resulting in whole or in part from Acts of God, sever weather
conditions, labor disruptions, governmental decrees or controls,
insurrections, war risks, shortages, inability to procure or ship
product or obtain permits and licenses, supplies or raw materials, or
any other circumstances or causes beyond control of SAVID in the conduct
of its business.
Agreement to Terms and Conditions
Access
to and use of this Site by a User shall form an acknowledgement and
acceptance by such User of these terms and conditions and this privacy
policy.
Independent Contractors
SAVID
and User are independent contractors. User is not authorized to and
shall not make any representations on behalf of or which are binding
upon SAVID.
Separability
If any
provision of this Agreement shall be deemed illegal or unenforceable,
such illegality or unenforceability shall not affect the validity and
enforceability of any other legal provision hereof which together shall
then be construed as if such illegal and unenforceable provision or
provisions had not been inserted herein, unless such illegality or
unenforceability shall destroy the underlying business purpose of this
Agreement.
Updates To This Agreement
SAVID
reserves the right to modify or amend this Agreement at any time, and
from time to time. Any changes to this Agreement will be posted on the
site.
Governing Law; Limitations
This
Agreement shall be construed, interpreted and performed exclusively
according to the laws, excluding conflict of law rules, of the State of
Illinois, United State of America. Any legal action with respect to
any transaction must be commenced within one year after the cause of
action has arisen. The provision of the Uniform Commercial Code as
adopted by the State of Illinois, and not the United Nations Convention
on Contracts for the International Sale of Goods, shall apply.
Dispute Resolution
Actions
by SAVID for nonpayment by the User for services rendered by SAVID, or for
redress of other breaches by the User of this Agreement may be brought
by SAVID, at its option, before any judicial court of competent
jurisdiction. At SAVID's option, disputes between the User and SAVID,
including all claims for non-performance by SAVID, shall be finally
settled by arbitration in Chicago, Illinois, USA, under the Rules of
the American Arbitration Association, and with respect to matters not
regulated by those rules, all such disputes shall incorporate the
UNCITRAL arbitration rules. Arbitrators shall be appointed in
accordance with said Rules and any consistent provisions of the
internal laws (except conflict of law rules) of the State of Illinois,
USA.
Questions
Questions
regarding SAVID or this Site should be directed to Michael A. Davis,
CEO, Savid Technologies, Inc, 18470 Thompson Ct., Ste 2B, Tinley Park,
IL 60477, phone: 708-532-2843
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