Welcome to www.controlsforce.com (together with its Content, the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to the operator of the Site, Control’s Force Inc., Control’s Force Ltd. and their affiliates and subsidiaries (individually and collectively, “Control’s Force” or “We”).
We reserve the right, at our discretion, to modify these Terms, which will be effective 15 days following the modification. We will inform You regarding such modifications by either notifying You or by posting such latest changes on the Site. You should continue check the Site for changes. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.
1. Your Acceptance
By using or visiting this Site, including without limitation contributing to or viewing the Site’s Content (as defined below), You signify Your assent to (1) these Terms; and (2) Control’s Force’s privacy policy at www.controlsforce.com/privacy-policy/ (“Privacy Policy”). These Terms apply to all users of the Site. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein.
2. Website Access
A. Control’s Force hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site except as permitted by the Site’s tools and features. ; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Site in a manner that sends more request messages to the Control’s Force’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
C. Control’s Force has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.
3. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Control’s Force. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Control’s Force’s prior written consent. Control’s Force reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
“Transaction Watchdog”, “Buying TW”, “Selling TW”, “Lot manufacturing TW”, “Insurance claim TW”, “TW”, “Control’s Force”, “Controls Force”, “Data-centric process model”, “We find money” and other marks are Marks of Control’s Force or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
4. Links
The Site may contain links to third party websites that are not owned or controlled by Control’s Force. Control’s Force is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Control’s Force will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release Control’s Force from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.
Control’s Force permits You to link to materials on the Site for personal, non-commercial purposes only.
1. Content.
Control’s Force attempts to be as accurate as possible. However, Control’s Force cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Control’s Force reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
6. Limitation of Liability and Warranty
THE SITE (INCLUDING THE CONTENT), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, CONTROL’S FORCE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, CONTROL’S FORCE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL CONTROL’S FORCE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF CONTROL’S FORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE CONTROL’S FORCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnity
You agree to defend, indemnify and hold harmless Control’s Force, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Site; or (ii) Your violation of these Terms. This defense and indemnification obligation will survive these Terms and Your use of the Site.
8. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Control’s Force without restriction.
9. General
Control’s Force reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, the Privacy Policy and the relationship between You and Control’s Force are governed by and construed in accordance with the laws of New York, without regard to its principles of conflict of laws. You and Control’s Force agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by Control’s Force on the Site, shall constitute the entire agreement between You and Control’s Force concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND CONTROL’S FORCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: September 5, 2009.