Last Update: November 4, 2010
Welcome to www.sepforum.net (the “Site”), a website run by the company owning the Site domain name (“Site Management”, “we,” or “us”) and its affiliates, with help from the Site Team, Bloggers, and Sponsors, as well as with the help for the Owner, Chief Evangelist, Group Managers, Moderators, and supporting Members of the LinkedIn Group and Subgroups associated to the Site (collectively the “Team”). We provide our services to you subject to the following terms and conditions. If you visit www.sepforum.net or the associated Software Engineering Productivity Group on LinkedIn, you accept these conditions. Please read them carefully. In addition, when you use any current or future service or visit or purchase from any business affiliated with our Site, whether or not included in our website, you also will be subject to the terms and conditions applicable to such service or business.
Acceptance Of Agreement
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may provide you with notices, including those regarding changes to the Agreement, through email, regular mail, SMS, MMS, text message, postings on our Services, or other reasonable means now known or hereafter developed. You may not receive such notices if you violate this Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement means that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
We provide users with access to a rich collection of resources, including various communication tools, forums, search services, and content throughout our Site (the “Services”).
Our Site may have advertisements, which are necessary for us to provide you with our Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. We also offer a LinkedIn Group (the “Group”), Software Engineering Productivity, associated with this Site. Your use of the Group, its discussion boards, tools and any other services offered by the Group are governed by this Agreement and any other policies located on our Site, in addition to the Group’s Rules, Policies and Terms of Service located on the LinkedIn Group.
We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our Services.
The technical processing and transmission of our Services, including any content you provide, may involve transmissions over various networks, as well as changes required to conform and adapt to the technical requirements of connecting networks or devices.
When you register on our Site for the use of our Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or any other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself as required by our registration application, and to maintain and promptly update the information provided by you in order to keep it true, accurate, current and complete. If you do not provide information that is true, accurate, current or complete, or we reasonably suspect that information provided by you is not true, accurate, current or complete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).
Once you complete our registration application, you will receive a password and account designation. It is your responsibility to maintain the confidentiality of your password. Be aware that you are fully responsible for all activities that occur within your account. You agree to notify us immediately of any unauthorized use of your account or if you feel your password has been compromised, or for any other breach of security. To better maintain account security, be sure to log out from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Your right to use our website is not transferable or assignable. Any password or right given to you to obtain information or access the Site is not transferable or assignable.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Site Management or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on this Site is the exclusive property of the Site Management and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Site Management or its software suppliers and is protected by U.S. and international copyright laws.
The Site Management and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Our domain name, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Site Management (the “Site Marks”). You agree that the Site Marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site Management or the Site. All other trademarks not owned by the Site Management that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Site Management.
License And Site Access
The Site Management grants you a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Site Management. You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Site Management and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of the Site Management. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not use this Site to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You may not use this Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization or organizations designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by the Site Management. You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, the Site Management, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information (“Content”), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, malicious computer code, files or software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, forge headers or manipulate identifiers, impersonate any person or entity, or otherwise mislead as to the origin of the Content. You agree not to act in a manner that negatively affects other users' ability to use our Site or Services, nor to harass or “stalk” another user. You agree not to interfere or disrupt our Services or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services, including using any device, software or routine to bypass our robot exclusion headers. The Team reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted content.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you are solely responsible for all Content that you upload, post, email, transmit or otherwise make available while using our Services. We do not control the Content posted through our Services and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. We are not liable for any Content under any circumstances, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through our Services.
If you do post Content or submit material, and unless we indicate otherwise, you grant the Site Management and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Site Management and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Team or its affiliates for all claims resulting from Content you supply. We have the right but not the obligation to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
Interstate Nature Of Communications
When you register for our Site, you acknowledge that when using our Services to send electronic communications, including but not limited to email, search queries, sending messages through our Chat Room or messaging system, and other Internet activities (“Communications”), you will be causing Communications to be sent through our computer networks, some of which are located in the United States and some which are located in other countries. Because of this, and also as a result of our network architecture, business practices and the nature of electronic communications, Communications that may seem to be intrastate in nature can be interstate communications in actuality, regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of our Services may result in interstate data transmissions.
International Use And Import/Export Compliance
You agree to comply with all local rules regarding online conduct and acceptable Content. Transferring, posting or uploading software, technology, and other technical data through our Services may be subject to the import and export laws of the United States and other countries. In using this Site, you agree to comply with all applicable import and export laws and regulations. You represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data through our Services to parties identified on such lists. You agree not to use our Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of United States export laws, and agree not to use our Services to transfer, upload, or post any software, technology or other technical data in violation of United states or other applicable import or export laws.
Use And Storage
The Site Management may limit the maximum number of days that email messages, message board postings or other uploaded Content will be retained on our Site, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted to you, and the maximum number of times (and the maximum duration for which) you may access our Services in a given period of time. We have no responsibility or liability for the deletion or failure to store any Communications or Content maintained or transmitted by our Services. We reserve the right to delete accounts that are inactive for an extended period of time.
Our services allow users to save Communications in their accounts located on our servers. This means you can access and search your message history from any computer with access to the Internet. Even if you choose not to use this feature, other users may choose to use it to save Communications with you in their account. Your acceptance of this Agreement constitutes your consent to allow us to store your Communications on our servers.
You represent and warrant that if you are purchasing something from us or from other parties selling products or services on our website, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Removal Of Account
You may request removal your account, any associated email address and access to our Services by submitting a removal request to us.
We may, without prior notice, immediately delete, limit your access to or suspend your account and access to our Services. Cause for such action shall include, but not be limited to, any breaches or violations of the Agreement or other agreements or guidelines on the Site, requests by law enforcement or other government agencies, discontinuance or material modification to our Services (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, your engagement in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with our Services. All deletions, limitations of access and account suspensions shall be made at our sole discretion and we are not liable to you or any third party for the deletion of your account, any associated email address, or access to our Services.
Removal of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our Services, (b) deletion of your password and all related information, including files, Content, and Communications associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of our Services.
Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our website and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained on our website or linked to our website is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings, prospectuses or disclosure documents.
Information And Press Releases
Our website may contain information and press releases about us. We disclaim any duty or obligation to update this information of any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
Disclaimer Of Warranties And Limitation Of Liability
THIS SITE IS PROVIDED BY THE SITE MANAGEMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE MANAGEMENT TEAM NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OUR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE MANAGEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.
A VERY SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN THEY ARE EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS DISPLAYED ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE EPILEPTIC SYMPTOMS WHICH WERE PREVIOUSLY UNDETECTED, EVEN IN USERS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF OUR SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Services Relating To Financial Matters
Any news, messages, alerts or other information received through our Services concerning companies, stock quotes, investments or securities is provided for informational purposes only, and no Content included in our Services is intended for investment purposes. Neither the Team nor any of our affiliates shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through our Services, nor will we be responsible or liable for any investment decisions based on such information.
You agree to indemnify, defend and hold the Team and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our website.
By visiting the Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Site Management or its affiliates.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement, together with any purchase orders or contracts with you and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The section titles in this Agreement are for convenience only and have no contractual or legal effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Santa Clara County, California, except that, to the extent you have in any manner violated or threatened to violate the Site Management’s intellectual property rights, the Site Management may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Other Site Policies And Modification
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site Management ’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Site Management and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Site Management ’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached at email@example.com.
Please report any violations of the Agreement to firstname.lastname@example.org