TERMS of SERVICE
Please read the Terms of Service below, as they cover the terms and conditions that apply to your use of the Celeritive Technologies, Inc. and VoluMill web sites, and any content or services accessible through such sites including the VoluMill Toolpath Subscription Service (referred to as the "Service"). Celeritive may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with Celeritive or third parties.
General Terms and Conditions
You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk. The service is provided "as is," without warranty of any kind, either express or implied, and Celeritive and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Celeritive does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does Celeritive warrant access to the Internet or to any other service or content through the service. The entire liability of Celeritive and its representatives (as defined below) for any reason shall be limited to the greater of $500 (USD) or the monthly subscription amount paid by the customer for the related services or content purchased from Celeritive, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, Celeritive and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers ("representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Celeritive or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Celeritive and you. Celeritive would not be able to have provided this service to you without such limitations.
You agree that the Toolpaths delivered to you by the Service will be used only by you or your organization and will not be resold, retransmitted or remarketed in any way except as necessary to conduct your business. The Service is provided as a user-specific service and each computer that utilizes the Service must have a separate subscription. You agree that you will not provide access to the Service to outside customers or third parties except as necessary to conduct your business. Additional users of the Service within your organization must establish their own subscription.
Celeritive is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web site and/or incorporated into the software, and is the copyright owner or licensee of the content and/or information on this Web site including but not limited to any screens appearing at the site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this site for your personal use or records. If you make other use of this site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Celeritive does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web site.
Celeritive reserves the right, without prior notice, to change any information on this Service, including but not limited to, the features, services or other information. Clicking on certain links within this Web site might take you to other Web sites for which Celeritive assumes no responsibility of any kind for the content availability or otherwise. (See "Third-Party Links From and To Service" below.) The content presented at this site may vary depending upon your browser limitations.
Third Party Provided Content or Services
Neither Celeritive nor any of its content or service providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
Internet Access and Services
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
User Conduct on the Service and User Forum
While using the Web site including the User Forum, you may not:
1. Restrict or inhibit any other user from using and enjoying the Service; or
2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Celeritive) or engage in spamming or flooding; or
4. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
5. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. Post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
7. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
Celeritive has no obligation to monitor the Service. However, you acknowledge and agree that Celeritive has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Celeritive will not intentionally monitor or disclose any private electronic-mail message unless required by law. Celeritive reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Third Party Links From and To Service
You acknowledge and agree that Celeritive has no responsibility for the accuracy or availability of information or services provided by third party linked sites. Links to such sites do not constitute an endorsement by Celeritive of such sites or the content, services, products, advertising or other materials presented on such sites.
Information in the many Web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official Celeritive licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to Celeritive. Celeritive does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Celeritive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites.
Subscription Purchase Information
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Celeritive liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
The Terms of Service and the relationship between you and Celeritive shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Celeritive agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Arizona.
The failure of Celeritive to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Effective 1 September 2007