The following notices, disclaimers, terms, conditions and policies
(hereinafter collectively 'Terms') govern your use of backwatcher.com
and its various domains and sub-domains (hereinafter collectively
'Site'). By accessing, browsing and/or using this Site in any way,
you acknowledge that you have read, understood and agree to be
bound by these Terms and to comply with all applicable laws and
regulations. If you do not agree to the Terms of this Site, do not
access, browse and/or use this Site. The material provided at this
Site is protected by law, including, but not limited to, United
States Copyright Law and international treaties. This Site is
controlled and operated by BackWatcher, Inc. (hereinafter 'BackWatcher') from
its offices within the United States. BackWatcher makes no representation
that materials at this Site are appropriate or available for use, and
those accessing them do so on their own initiative and are
responsible for their use and compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the United States and,
specifically, the laws of the State of Florida.
Information Presented at this Site
While every effort has been made to ensure that the information
presented at this Site is accurate, BackWatcher assumes no responsibility
for errors, omissions, or out-of-date information and shall not be
liable in any manner whatsoever for direct, indirect, special,
incidental, consequential, punitive, or other damages resulting
from availability of, use of, access to, or inability to use this
Information at this Site is the most recent available on the date
it was posted. BackWatcher specifically disclaims any duty to update.
To the extent the information is contained in forward-looking
statements, it is intended to fit within the safe harbor for
forward-looking information and is subject to industry and financial
factors, as well as future events and developments relating to
BackWatcher's business, that could cause actual results to differ from
those projected in the forward-looking statements. BackWatcher reserves
the right to modify the content at this Site in any way, at any
time and for any reason, without prior notification, and will not
be liable in any way for possible consequences of such changes.
This Site contains third-party information and links to other
non-BackWatcher Internet sites (hereinafter 'Hyperlinks').
When you access a non-BackWatcher site, you understand that it
is independent from BackWatcher, that BackWatcher has no control over the
content on that site, and that BackWatcher specifically disclaims
adoption or incorporation by reference of such information as its
own. When you access a non-BackWatcher site, you should review
the Legal Notices and Privacy Policies of that site, as the
terms and conditions of use on that site may differ from the
terms and conditions found at this Site. In addition, BackWatcher
does not endorse or accept any responsibility for the content,
or the use, of Hyperlinks.
How You May Use Materials at this Site
You may use, copy, and distribute the materials found at this
Site for individual, noncommercial, informational purposes
only. Business entities may use, copy, and distribute the
materials found at this Site for internal, noncommercial,
informational purposes only. All copies that you make of the
material must bear any copyright, trademark, or other proprietary
notice located at the Site which pertains to the material
being copied. Except as authorized in this paragraph, you are
not being granted a license under any copyright, trademark, patent,
or other intellectual property right in the material or the
products, services, processes, or technology described therein.
All such rights are retained by BackWatcher, its subsidiaries, and/or
any third-party owner of such rights.
How You May Use BackWatcher Marks
The BackWatcher name and logo, and all other product and service
names, design marks, and slogans, are the trademarks or service
marks of BackWatcher. You are not authorized to use any BackWatcher name
or mark in any advertising, publicity, or in any commercial manner
without the prior written consent of BackWatcher. You may send your
request to Keith H. Amon,
Director of Marketing Communications. You may provide an 'in-Link'
to this Site, provided you do not use this in a way that is
materially detrimental to the interests of BackWatcher, and that you
agree to remove such a link upon first request from BackWatcher.
How BackWatcher May Use Information You Provide to this Site
Do not send BackWatcher any confidential or proprietary information.
Any feedback, data, answers, questions, comments, suggestions,
ideas or the like, which you send to BackWatcher will be treated as
being non-confidential and nonproprietary. BackWatcher assumes no
obligation to protect such information from disclosure and will
be free to reproduce, use, disasemble, and distribute the
information to others without restriction. BackWatcher will also be
free to use any ideas, concepts, know-how, or techniques contained
in information that you send us for any purpose whatsoever
including but not limited to developing, manufacturing, and
marketing products and services incorporating such information.
Do not send any cookies to this Site without previously purchasing
Cookie Data Storage Services from BackWatcher. The computer
technology called 'cookies' works by having a Web server send
an element of data called a 'cookie' to a web browser which
then stores it on the local hard drive. By sending a cookie to
this Site, you agree to purchase Cookie Data Storage Services from
BackWatcher, accepting any and all possible liabilities resulting
from this storage.
BackWatcher is committed to privacy. This Site does not collect personal
Java, cookies, web bugs or any other tracking technology. Web
servers at this Site do not collect domain names. Web server logs
at this Site are used by BackWatcher for technical analysis only.
Personal information given to BackWatcher will not be released by BackWatcher
for any reason.
BackWatcher strongly suggests that email sent to this Site be encrypted
with GNU Privacy Guard (GnuPG)
or Pretty Good Privacy
BackWatcher does not use proprietary software. All software used at
this Site is classified as Free Software
by the Free Software Foundation.
BackWatcher does not use documents structured in proprietary formats.
All documents at this Site are structured in non-proprietary formats.
BackWatcher does not use digital images or video structured in proprietary
formats. All digital images and videos at this Site are structured
in non-propietary formats.
BackWatcher does not use digital audio structured in proprietary formats.
All digital audio at this Site is structured in non-propietary
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITLY STATED ELSEWHERE ON THIS SITE, BackWatcher
MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE
QUALITY, TRUTH, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY
PURPOSE OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. ALL
INFORMATION PRESENTED ON THIS SITE IS PROVIDED 'AS IS' WITHOUT
ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
ON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Limitation of Liability
BackWatcher SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF
USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, REFERENCING,
OR DOWNLOADING THE MATERIALS CONTAINED IN THIS SITE. IN NO EVENT
SHALL BackWatcher BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BackWatcher SHALL NOT BE LIABLE
FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROGRAMS OR
DATA ON YOUR INFORMATION HANDLING OR LIKE SYSTEMS; LOSS OF BUSINESS,
REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE. BackWatcher SHALL
NOT BE LIABLE FOR ANY SUCH DAMAGE, WHETHER FOR BREACH OR IN TORT,
EVEN IF BackWatcher, ITS AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES,
OR ASSIGNS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP
OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE AND WILL
NOT MAKE ANY CLAIM AGAINST BackWatcher FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR THE LIKE,
RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD BackWatcher HARMLESS FROM, AND YOU COVENANT NOT TO
SUE BackWatcher FOR, ANY CLAIMS BASED ON USING THIS SITE.
THE INVALIDITY OR UNENFORCEABILITY OF ANY PARTICULAR PROVISION
OF THE TERMS SHALL NOT AFFECT THE OTHER PROVISIONS HEREOF, AND
THESE TERMS SHALL BE CONSTRUED IN ALL RESPECTS AS IF SUCH INVALID
OR UNENFORCEABLE PROVISION WERE OMITTED.