Web Site Terms & Conditions

Message Systems, Inc. ("Message Systems") makes the materials on this website, and if applicable, any information provided by Message Systems through a remote whiteboard/demo site (collectively, the "Site") including all information, documents, software demonstrations ("Demos"), communications, files, text, graphics, software ("Programs"), and products included on the Site (collectively "Material(s)"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Message Systems from time to time (collectively, "Terms and Conditions"). By viewing, downloading, installing or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not view, download, install or use any of the Materials.

For those Materials made available for download from this Site which are accompanied by or include an end user license agreement ("License Agreement"), the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Site will be accompanied and governed by license agreements between you and a third party, or governed under public or open licenses ("Third Party Agreements"). Message Systems is not a party to such Third Party Agreements and Message Systems' liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions.

Trademarks and Copyrights

No part of the Site may be reproduced, distributed or stored in any form or by any means without the express written permission of Message Systems.

Message Systems doesn't intend to give up its rights, or anyone else's rights, to the Materials. The Materials available through this Site are the property of Message Systems or its licensors, and are protected by copyright, trademark and other intellectual property laws. Message Systems hereby makes this Site accessible for your non competitive use pursuant to the limited licenses expressly granted to you in this agreement; however, Message Systems and its licensors expressly reserve all other rights and licenses in and to the Materials. You are free to display and print for non competitive use, information you receive through the Site, but you may not otherwise use, reproduce or modify any of the Materials without the prior express written consent of Message Systems. You may not distribute copies of Materials found on the Site in any form (including by e-mail or other electronic means), without prior express written permission from Message Systems.

The trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Message Systems and others. Nothing contained in these Terms and Conditions or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Message Systems or such third party that may own the trademarks displayed on the Site.

You should assume that everything you see or read on the Site is copyrighted Material and with respect to Programs and Demos, confidential and proprietary, unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of Message Systems. Message Systems neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Message Systems.

Images of people or places displayed on the Site are either the property of, or used with permission by, Message Systems. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and various state and federal statutes.

Patents

Message Systems' technology and products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.

Disclaimer

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Personal Information

All information submitted to Message Systems through the Site is governed by Message Systems' Privacy Policy.

User Submissions - Idea Submission Policy

The sole purpose of the following Idea Submission Policy is to avoid potential misunderstandings or disputes when Message Systems products or marketing strategies might seem similar to ideas submitted to us. If you submit an idea to Message Systems, regardless of what your letter or communication says, the following terms shall apply to your idea submission:

You agree that: (1) your ideas will automatically become the property of Message Systems, without compensation to you, and (2) Message Systems can use the ideas for any purpose and in any way, for its own benefit or for the benefit of any third party.

Links to Other Sites

Message Systems makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. The presence of links to non-Message Systems sites or materials does not imply that Message Systems endorses or accepts responsibility for the content or use of such sites or materials.

Access to Password-Protected or Secure Areas; Demos; Programs

Message Systems may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access such areas may be subject to civil liability and criminal penalties. All information made available in password protected or secure areas is proprietary and confidential property of Message Systems, and may not be accessed or used for any purpose other than as may be expressly authorized by Message Systems, and no information provided therein may be disclosed or distributed.

All Programs and all Demos, and all discussions by Message Systems representatives in connection with such Programs and Demos, contain, display, disclose or make available intellectual property and other proprietary rights of Message Systems, and may not be reverse engineered, copied, duplicated, disassembled, decompiled, re-distributed, published, disclosed or otherwise modified or used in any way, except in strict accordance with a License Agreement. No information provided in a Demo may be disclosed to any person without our express written consent, nor may you use such information in any manner, except solely to make an informed decision whether to enter into a License Agreement or to hire or retain Message Systems for services.

LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MESSAGE SYSTEMS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF MESSAGE SYSTEMS OR A MESSAGE SYSTEMS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

General

This Site is controlled by Message Systems from its offices within the State of Maryland, United States of America. Message Systems makes no representation that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be governed by the laws of the State of Maryland, notwithstanding any conflicts of law principles, and the United States of America. You and Message Systems agree that and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Maryland with respect to any such claim. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior express written consent of Message Systems. Any attempted assignment or transfer without such prior express written consent from Message Systems shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event Message Systems is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by Message Systems in a writing.

Contact Information

All requests for further information or for permission to reproduce any portions of the Materials should be directed to:

Message Systems, Inc.
Legal Department
7070 Samuel Morse Drive, Suite 150
Columbia, Maryland 21046.