If you do not agree to these Terms, you are not authorized to use any of the Tasktop Websites.
Tasktop reserves the right to modify these Terms, or change or remove features of Tasktop Websites. Your continued use of Tasktop Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Tasktop Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms.
Use of Software
To the extent that Tasktop provides for the download of proprietary Tasktop software or open source software from Tasktop’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Tasktop or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
Tasktop reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Tasktop will be collectively referred to as “Tasktop Marks.”
No employee or other representative of Tasktop is authorized to grant permission to use Tasktop Marks or to provide guidance in their use, unless licensed within a formal written agreement signed by a duly authorized officer of Tasktop. Thus, any promise or other representation with respect to Tasktop Marks by a Tasktop employee in the absence of a formal written agreement cannot be relied upon.
The Tasktop Marks are highly valued intellectual property, and therefore Tasktop will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Tasktop Marks or which are likely to cause confusion with Tasktop Marks.
Linking To Tasktop Websites
Linking to the Tasktop Websites (including an internal or subsidiary page of any website comprising a part of the Tasktop Websites) must be approved in writing by Tasktop, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilize content of a Tasktop Website;
- does not utilize a Tasktop logo;
- does not use framing of a Tasktop Website;
- does not misrepresent an affiliation or other relationship with Tasktop;
- does not misrepresent any possible endorsement by Tasktop;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by Tasktop.
Except where otherwise specified, the contents of the Tasktop Websites are subject to copyright. Copyright © 2007 Tasktop Technologies Incorporated. All rights reserved.
The content of the Tasktop Websites in their entirety including without limitation any Tasktop documents or video content accessible through the Tasktop Websites is owned by Tasktop or its licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Tasktop Websites only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Tasktop. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website content without Tasktop’s express prior written consent or except as expressly permitted by Tasktop on any Tasktop Website page.
Links to Third Party Sites
Links on the Tasktop Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Tasktop Websites. Tasktop does not endorse or make any representations about such third party websites, and Tasktop is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Tasktop does not control those websites, and Tasktop is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Information on the Tasktop Websites is not promised or guaranteed to be correct, current or complete, and the Tasktop Websites may contain technical inaccuracies or typographical errors. Tasktop assumes no responsibility (and expressly disclaims responsibility) for updating the Tasktop Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Tasktop Websites. Tasktop provides no assurances that any reported problems will be resolved by Tasktop, even if Tasktop elects to provide information with the goal of addressing a problem.
ALL INFORMATION AND SERVICES PROVIDED ON THE TASKTOP WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. TASKTOP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TASKTOP MAKES NO WARRANTY THAT THE TASKTOP WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE TASKTOP WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL TASKTOP BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE TASKTOP WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF TASKTOP HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Tasktop may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Tasktop’s liability shall be the minimum permitted under such applicable law.
These Terms and the relationship between you and Tasktop shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Tasktop Websites shall be brought in the Federal or State courts located in New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Tasktop to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Tasktop and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.