Terms and Conditions

CollectiveSys LLC ("CollectiveSys") owns and operates the websites and services available at CollectiveSys.com and all linked pages (the "CollectiveSys Sites"), which makes them available to you ("User") under the following terms and conditions:

ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, CollectiveSys may offer to provide certain services, as described more fully on the CollectiveSys Sites, and which are selected by User through the process provided on the CollectiveSys Sites ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services CollectiveSys performs for User, as well as the offering of any content on the CollectiveSys Sites. CollectiveSys may change, suspend or discontinue the Services or operation of the CollectiveSys Sites at any time, including the availability of any feature, function, or content. CollectiveSys may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. CollectiveSys reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the CollectiveSys Sites, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the CollectiveSys Sites or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

The CollectiveSys Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the User Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information available on this Site in any manner without the express written consent of CollectiveSys, nor to use the information available on this Site for any unlawful purpose. You agree to access the information available on this Site manually by request and not programmatically by macro or other automated means. The Site may contain links to other sites or point to other sites that may of be of interest to you but for which CollectiveSys has no responsibility.

User may access the Content for personal use only, provided that User maintains all copyright and other notices contained in such Content. User shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from CollectiveSys, or from the copyright holder identified in such Content's copyright notice. If you believe that any Content on the CollectiveSys Sites infringes rights that you own or have the right to assert, please follow our copyright and claims policy, located in the footer of the homepage.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the CollectiveSys Sites, such Content shall become CollectiveSys property and User hereby assigns all rights, title and interests in and to such contributions to CollectiveSys. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. CollectiveSys reserves the right to remove any Content from the CollectiveSys Sites at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if CollectiveSys is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

RESTRICTIONS. User is responsible for all of its activity in connection with the Services and accessing the CollectiveSys Sites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the CollectiveSys Sites. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any CollectiveSys user.

Use of the CollectiveSys Sites or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the CollectiveSys Sites, or any processes that run or are activated while the User is not logged in.

REGISTRATION AND SECURITY. As a condition to using certain Services, User may be required to register with CollectiveSys and select a password and be assigned a User ID ("CollectiveSys User ID"). User shall provide CollectiveSys with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a CollectiveSys User ID a name of another person with the intent to impersonate that person; or (ii) use as a CollectiveSys User ID a name subject to any rights of a person other than User without appropriate authorization. CollectiveSys reserves the right to refuse registration of, or cancel a CollectiveSys User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's CollectiveSys password. Upon termination of the User's account, User's right to use the features of the Services and CollectiveSys Sites available only to registered users will immediately cease.

WARRANTY DISCLAIMER. User accesses and uses the Services and Content on the CollectiveSys Sites at its own risk. IN PARTICULAR, THE CollectiveSys SITES AND SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL OR DIAGNOSTIC PURPOSES UNDER ANY CIRCUMSTANCES. PLEASE CONSULT YOUR MEDICAL AND OTHER PROFESSIONALS AS NEEDED.

The CollectiveSys Sites may contain, or direct User to CollectiveSys Sites containing, information that some people may find offensive or inappropriate. CollectiveSys makes no representations concerning any content contained in or accessed through the CollectiveSys Sites, and CollectiveSys will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the CollectiveSys Sites.

THE SERVICES, CONTENT, CollectiveSys SITES AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY. IN NO EVENT SHALL CollectiveSys BE LIABLE WITH RESPECT TO THE CollectiveSys SITES OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY User THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

TERMINATION. Either party may terminate the Services at any time without notifying the other party by any means. CollectiveSys may also terminate or suspend any and all Services and access to the CollectiveSys Sites immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with CollectiveSys's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind CollectiveSys in any respect whatsoever.