Terms and Conditions
General
This End-User Agreement ("EUA") is a legal agreement between you
and CommCare Corporation (CommCare) for the contents and
information appearing on this Web site and all Web sites operated
by CommCare that you access or use. Your use of this Web site
constitutes acceptance of the terms and conditions contained within
this EUA.
This EUA governs your use of this Web site and all Web sites
operated by CommCare (the "Web site"). Additional terms and
conditions of use applicable to specific areas of the Web site may
also be posted in such areas and, together with this EUA, govern
your use of those areas. This EUA, together with any such
additional terms and conditions, are referred to as this
"Agreement."
CommCare reserves the rights, in its sole discretion, to change
or modify all or any part of this Agreement at any time, effective
immediately upon publication of revised terms to the Web site and
your subsequence access or use of the Web site. Your continued use
of the Web site constitutes your binding acceptance of these terms
and conditions, including any changes or modifications made by
CommCare as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable, you agree to
immediately cease all use of the Web site.
Intellectual Property and Use of Content
CommCare expressly reserves all intellectual property rights in
all text, programs, products, processes, technology, content and
other materials that appear on this Web site. Nothing contained in
this Agreement shall confer upon a user any right, title, or
interest in, or license to any software, written materials, or
intellectual property owned by CommCare.
You acknowledge that the Web site contains information,
software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by
copyright, trademark or other intellectual and proprietary rights,
titles and interests of CommCare or third parties. You agree to
comply with any guidelines or restrictions contained in any Content
available on or accessed through the Web site.
While the Web site is designed and intended to provide accurate
and authoritative information regarding the subject matters
covered, the information is provided to you based on your agreement
and understanding that CommCare is not engaged in providing legal,
accounting, or other professional services to you. Assistance of
legal counsel or other appropriate experts should be sought when
applying the law, rules, or regulations to a particular set of
facts or circumstances.
You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as expressly permitted in this Agreement or as
expressly authorized in a specific area of the Web site. Content
consisting of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software.
Subject to the restrictions set forth in this Agreement, you may
post on the Website any Content owned by you (such as your original
statements), Content for which you have received express permission
from the owner to post, and Content in the public domain. You
assume all risk and responsibility for determining whether any
Content is in the public domain or is permitted to be posted by the
owner of the Content.
Rules of Conduct
You agree not to post on the Web site any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening, (b) contains viruses or other contaminating or
destructive features, (c) violates the rights of others, such as
Content which infringes on any copyright, trademark, patent or
violates any right of privacy or publicity, or (d) otherwise
violates any applicable law (including, without limitation, the
laws and regulations governing export control, unfair competition,
antidiscrimination, or false advertising). You agree not to post on
the Web site any links to any external Internet sites that are
obscene, pornographic, or otherwise inappropriate in the sole
discretion of CommCare. You agree not to use the Web site to
solicit users to join competitive services.
You agree to ensure the confidentiality and appropriately
authorized use of all passwords assigned to you for use in
accessing the Web site. You agree to be responsible for any use or
misuses of your username and/or password and to promptly notify
CommCare of any breach of password security or the use of
possession of your username and/or password by unauthorized
individuals.
Managing Content
CommCare does not and cannot review the Content posted by users
on the Web site and is not responsible for such Content and you
agree that CommCare will have no liability to you with respect to
any Content posted on the Web site. However, CommCare reserves the
right to delete, move or edit any Content that it may determine, in
its sole discretion, violates this Agreement or is otherwise
inappropriate for posting. You agree to remain solely responsible
for all Content posted by you. CommCare shall have the right, but
not the obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion, and may edit
the Content posted to the Web site in its sole discretion.
No Endorsement
References on this Web site to any names, marks, products or
services of third parties or hypertext links to third party sites
or information are provided solely as a convenience to you and do
not in any way constitute or imply CommCare's endorsement,
sponsorship or recommendation of the third party, information,
product or service. CommCare is not responsible for the content of
any third party sites and does not make any representations
regarding the content or accuracy of material on such sites. If you
decide to link to any such third party Web sites, you do so
entirely at your own risk. You acknowledge that CommCare is not
responsible for the availability of, or the content located on or
through, any third party site. You should contact the site
administrator or Webmaster for those third party sites if you have
any concerns regarding such links or the content located on such
third party sites.
Indemnity
You agree to indemnify, defend and hold CommCare and its
respective officers, directors, owners, agents, information
providers, licensors and vendors (collectively, the "CommCare
Parties") harmless from and against any and all demands, claims,
liability, losses, costs, and expenses (including attorney's fees)
incurred by any CommCare Party in connection with any use or
alleged use of the Web site under your password by any person,
whether or not authorized by you, including the posting of Content
to the Web site. CommCare reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with the CommCare's defense of such claim.
Disclaimer Of Warranties; Limitation of
Liability
- Neither commcare corporation nor any provider of third party
content or their respective agents warrants that the service will
be uninterrupted, accurate, reliable, or error free; nor does
commcare corporation, any third party content provider, or their
respective agents make any warranty as to the results to be
obtained from use of the website or the content. The web site and
the content are distributed on an "as is, as available" basis.
Neither commcare corporation nor any of its third party content
providers or their respective agents make any warranties of any
kind, either express or implied, including, without limitation,
warranties of title or implied warranties of merchantability,
fitness for a particular purpose or noninfringement, with respect
to the web site, any content or any products or services provided
through the web site. Neither commcare corporation nor any third
party content provider warrants that any files available for
downloading through the web site will be free of viruses or similar
contamination or destructive features. You expressly agree that the
entire risk as to the quality and performance of the web site and
the accuracy or completeness of the content is assumed solely by
you.
- Under no circumstances and under no legal or equitable theory,
whether in tort, contract, strict liability or otherwise, shall
commcare corporation or any of its employees, directors, officers,
agents, vendors, third party content providers or their respective
agents shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of the use of or
inability to use the web site, including, without limitation,
damages for lost profits, loss of goodwill, loss of data, work
stoppage, accuracy of results, or computer failure or malfunction,
even if such party has been advised of the possibility of such
damages.
- Some states do not allow exclusion of implied warranties or
limitation of liability for incidental or consequential damages, so
the above limitations or exclusions may not apply to you. In such
states, the liability of commcare corporation, third party content
providers and their respective agents shall be limited to the
greatest extent permitted by law.
- Certain links available on the web site will let you leave
commcare corporation's site. The linked sites are not under the
control of commcare and commcare is not responsible for the content
of any linked site or any link contained in a linked site, or any
changes or updates to such sites. Commcare corporation is providing
these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by commcare corporation of the
site.