Fluidmesh Extranet User Agreement
General
Fluidmesh Networks, Inc., a Delaware Corporation, (Fluidmesh) hosts the Fluidmesh Extranet at which clients and other authorized parties can access company technical, marketing and sales materials. The Fluidmesh Extranet is provided for the benefit of customers and other authorized parties. The Fluidmesh Extranet provides customers with secure access to important documents and products. This User Agreement sets forth the terms and conditions governing your access and use of the Fluidmesh Extranet. You must agree to comply with the applicable terms and conditions of this User Agreement.
Access
By indicating your acceptance of this User Agreement and/or accessing the Fluidmesh Extranet, you agree to comply with the terms set forth herein. If you do not agree then you may not access the Fluidmesh Extranet. You will be granted a User ID for access to the Fluidmesh Extranet. Each User ID may have a different level of access privilege. You agree that your User ID is only for your personal use, and you will not permit anyone else to use your User ID. You are responsible for all access to the Fluidmesh Extranet through your User ID. If you believe that another party has gained access to your User ID, you must inform Fluidmesh immediately. You may not transfer your User ID to anyone else.
You represent and warrant that any information you provide to Fluidmesh in order to obtain access to the Fluidmesh Extranet is complete and accurate. It is your responsibility to inform Fluidmesh of any changes to your user information current. Fluidmesh reserves the right to suspend user privileges and block access of any user who violates this User Agreement.
Permitted Uses
a. General
Your User ID only allows you to view materials related to your relationship with Fluidmesh, and provides no ability to view materials for any other party. You shall not attempt to access or view materials for any other party. If for any reason you obtain access to any materials not related to your relationship with Fluidmesh, you shall immediately inform Fluidmesh at
Cette adresse email est protégée contre les robots des spammeurs, vous devez activer Javascript pour la voir.
and refrain from viewing or downloading such materials.
b. Viewing and Downloading
You have the ability to view and download materials including documents and work product. You must maintain the appropriate level of confidentiality for material that you download from Fluidmesh Extranet. Fluidmesh is not responsible for the security of any material that you download from the Fluidmesh Extranet.
c. Uploading Material
If your User ID is granted the right, you have the ability to upload materials to the Fluidmesh Extranet. You warrant that the materials you upload are for the purpose of your relationship with Fluidmesh, and that such materials are free from any viruses, Trojan horses or any code that could harm any computer system. You are solely responsible for any material you upload. You must be aware that depending on the specific matter and related level of restricted access, several parties, including potentially adverse parties may have access to your uploaded materials.
d. Discussion Posts
If your User ID is granted the right, you have the ability to read and post messages in a discussion area. You shall only post messages related to the specific matters for which you are provided access to the Fluidmesh Extranet. You are solely responsible for the content of your posted messages, and you shall not post any message which is disparaging, harassing, or can be construed as a personal attack on any person. Fluidmesh does not edit the content of discussion posts, however Fluidmesh reserves the right to immediately edit or delete any message as required.
Links
When using the Fluidmesh Extranet, you may sometimes be linked to other web sites. Fluidmesh is not responsible for any web sites not operated by Fluidmesh.
Security
The Fluidmesh Extranet uses industry standard security protection to protect against unauthorized access. Fluidmesh may change or enhance the security protection without notice to you. You shall not attempt to disable or circumvent any security features on the Fluidmesh Extranet.
Termination
You may terminate your access privilege to the Fluidmesh Extranet at any time by providing written or email notice to Fluidmesh at
Cette adresse email est protégée contre les robots des spammeurs, vous devez activer Javascript pour la voir.
. Fluidmesh also reserves the right to terminate your registration at any time without notice. All applicable provisions of the Agreement will survive termination of this Agreement.
Indemnification
To the extent allowed by law, you agree to defend, indemnify and hold harmless Fluidmesh and any of its directors, officers, partners and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to your use of the Fluidmesh Extranet, or any breach by you of any term or condition of this Agreement. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.
DISCLAIMER OF WARRANTIES
ACCESS TO THE FLUIDMESH EXTRANET AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." FLUIDMESH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE FLUIDMESH EXTRANET OR ITS CONTENT. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. FLUIDMESH IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. FLUIDMESH HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS. YOU ACKNOWLEDGE THAT PORTIONS OF THE CONTENT OF THE FLUIDMESH EXTRANET ARE PROVIDED BY THIRD PARTY USERS, AND FLUIDMESH HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT.
LIMITATION OF LIABILITY
FLUIDMESH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE FLUIDMESH EXTRANET, EVEN IF FLUIDMESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
General Compliance with Laws
You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use the Fluidmesh Extranet to facilitate collusion or for any other conduct violating antitrust or other applicable laws.
Waivers and Remedies
Any waiver by Fluidmesh of the provisions of this Agreement or of Fluidmesh's rights or remedies under this Agreement must be in writing to be effective. Any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by Fluidmesh to enforce the provisions of this Agreement or Fluidmesh's rights or remedies at any time will not be construed and will not be deemed to be a waiver of Fluidmesh's rights under this Agreement and will not prejudice Fluidmesh's right to take subsequent action. No exercise or enforcement of any right or remedy under this Agreement will preclude the enforcement of any other right or remedy under this Agreement or that Fluidmesh is entitled by law to enforce.
Ownership
The Fluidmesh Extranet is owned by Fluidmesh Networks, Inc. Elements of the site are also protected by trademark, copyright, trade dress and other laws.
Applicable Law and Jurisdiction
This Agreement shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree that the state and/or federal courts located in the Commonwealth of Massachusetts, Suffolk County, shall have the personal and exclusive jurisdiction of such action. If any part of this Agreement is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
Updates and Amendments
Fluidmesh reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of the Fluidmesh Extranet, including, without limitation, restricting the times or means of access to the Fluidmesh Extranet. Fluidmesh also reserves the right, in its sole discretion, to modify this Agreement in any manner and to adopt additional terms or conditions governing your access and use of the Fluidmesh Extranet, at any time, without prior notice. The terms of any such amendment to this Agreement shall become effective immediately upon posting of such terms on the Fluidmesh Extranet, and your use of the Fluidmesh Extranet on or after such effective date shall constitute acceptance of such amended terms.
Third Party Beneficiaries
All users on the Fluidmesh Extranet are intended third party beneficiaries of this Agreement; all rights and benefits conferred by this Agreement shall extend to such users and such users are independently entitled for enforcement of its provisions. You acknowledge that each other user is relying upon the representations made in this Agreement.
Entire Agreement
This Agreement sets forth the entire understanding between Fluidmesh and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between Fluidmesh and you with respect to said subject matter.
Copyright © 2006 Fluidmesh Networks, Inc.
All Rights Reserved
Register
