Cygnet

CygNet Website Terms of Use

Last Updated: March 4, 2011

Please read the following terms and conditions ("Terms of Use") carefully. Visual Systems, Inc., through its subsidiary CygNet Software, Inc., (together, "CygNet") provides the opportunity for users of our website located at http://www.cygnet.com (the "Site") to learn about the company, review information about our products and services and access materials which augment our support and maintenance services (the "Services"). These Terms of Use govern your access to and use of the Site, Services and CygNet Content (defined below). These Terms of Use constitute a binding legal agreement between you and CygNet and apply to your relationship with CygNet whether you are a Registered User (defined below), a potential or current customer of CygNet or a visitor just browsing the Site.

Certain areas of the Site (and your access to or use of certain Services or CygNet Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and the terms and conditions posted for a specific area of the Site, Services or CygNet Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or CygNet Content.

YOU ACKNOWLEDGE AND AGREE THAT BY VISITING, ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR ACCESSING ANY CYGNET CONTENT FROM THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS OF USE WILL BE TREATED AS THE AGREEMENT OF SUCH ENTITY. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CYGNET CONTENT.

Modification

CygNet reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated" date at the top of the page. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility & Account Access

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

In order to access certain features of the Site and Services you must be a "Registered User". A Registered User is an individual or entity representative who has been provided a username and password by CygNet to access the password protected area of the Site. Please see the section below titled "Confidentiality & CygNet Materials" for additional terms that apply to the materials made accessible via the protected area of the Site.

You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify CygNet of any unauthorized use of your password.

You agree that the information that you provide to us through the Site, and at all other times will be true, accurate current and complete. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from users. Without limiting other remedies or other terms of these Terms of Use, CygNet reserves the right to suspend or terminate your access to the Site, Services or CygNet Content, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Registered User you may browse all areas of the Site other than those limited to Registered Users. If you are interested in our support services please contact us by visiting http://www.cygnet.com/contact.asp.

Ownership

The Site, Services and CygNet Content are protected by copyright, trademark, and other laws of the United States and foreign countries. CygNet and its licensors exclusively own all right, title and interest in and to the Site, Services and CygNet Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or CygNet Content.

"CygNet Content" means all text, images, graphics, photos, video or audiovisual files, white papers, datasheets, documents, informational materials or any other content, provided via the Site and Services by CygNet, including the CygNet Materials. "CygNet Materials" means the documents and informational materials provided by CygNet to Registered Users via the protected area of the Site. Subject to your compliance with the terms and conditions of these Terms of Use, CygNet authorizes you to download, view and print any CygNet Content solely for your internal purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or CygNet Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CygNet or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Confidentiality & CygNet Materials

You will maintain all CygNet Materials in strict confidence and will not disclose any CygNet Materials to any third party. You will not use the CygNet Materials, except as authorized in this Terms of Use. CygNet Materials excludes any information that: (i) is or becomes generally known to the public other than as a result of your breach of this Agreement; (ii) is rightfully known to you at the time of disclosure without restrictions on use or disclosure; (iii) is independently developed by you, without access to or use of any CygNet Materials; or (iv) is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at or through the "Contact Us" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of CygNet and you hereby irrevocably assign to CygNet and agree to irrevocably assign to CygNet all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At CygNet's request and expense, you will execute documents and take such further acts as CygNet may reasonably request to assist CygNet to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following while using the Site, Services or CygNet Content:

  • Submit or transmit any text, graphics, images, software, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, CygNet's name, any CygNet trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without CygNet's express written consent;
  • Access, tamper with, or use non-public areas of the Site, CygNet's computer systems, or the technical delivery systems of CygNet's providers;
  • Attempt to probe, scan, or test the vulnerability of any CygNet system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CygNet or any of CygNet's providers or any other third party (including another user) to protect the Site, Services or CygNet Content;
  • Attempt to access or search the Site, Services or CygNet Content or download CygNet Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CygNet or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a CygNet trademark, logo URL or product name without CygNet's express written consent;
  • Use the Site, Services or CygNet Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site, Services or CygNet Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or CygNet Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

CygNet will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. CygNet may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that CygNet has no obligation to monitor your access to or use of the Site, Services or CygNet Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CygNet reserves the right, at any time and without prior notice, to remove or disable access to any CygNet Content.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that CygNet is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CygNet of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

CygNet will have the right to suspend, disable or terminate your access to or use of the Site and Services, or terminate these Terms of Use, at its sole discretion and without prior notice to you. You may stop using the Site, Services or any CygNet Content at any time. CygNet will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Any suspension or termination will not affect your obligations to CygNet under these Terms of Use (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Disclaimers

THE SITE, SERVICES AND CYGNET CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CYGNET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

CYGNET MAKES NO WARRANTY THAT THE SITE, SERVICES OR CYGNET CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CYGNET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CYGNET CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CYGNET CONTENT OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CYGNET OR THROUGH THE SITE, SERVICES OR CYGNET CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold CygNet, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or CygNet Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CYGNET CONTENT REMAINS WITH YOU. NEITHER CYGNET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CYGNET CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CYGNET CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYGNET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CYGNET WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. IN NO EVENT WILL CYGNET'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CYGNET CONTENT EXCEED TWENTY-FIVE U.S. DOLLARS ($25).

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of CygNet used herein are trademarks or registered trademarks of CygNet. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between CygNet and you regarding the Site, Services and CygNet Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between CygNet and you regarding the Site, Services and CygNet Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without CygNet's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder (including, without limitation, the use of email to provide you with notices about privacy and information security); and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications to be given hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by CygNet via email (in each case to the address that you provide) or (y) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of CygNet to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CygNet. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting CygNet

If you have any questions about these Terms of Use, please contact CygNet at .

Copyright © 2017 CygNet Software, Inc.