Terms & Conditions of Website Usage

These Terms and Conditions of the Hammerhead Systems Website ("Terms") apply to your use of www.hammerheadsystems.com or any other World Wide Website owned by Hammerhead Systems, Inc. or any of its affiliated companies (collectively, "Hammerhead Systems", "this Site"). These Terms are independent of, and shall not be construed to amend or replace, any other agreement to which Hammerhead Systems is a party.

BY USING THIS SITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Copyright Notice
This Site, including but not limited to the text and images herein and their arrangement, is protected by U.S. and international copyright laws.

Changes
Hammerhead Systems reserves the right, at its discretion and without notice, to modify, add or remove parts of the Content or these Terms at any time. You should check these Terms for any changes each time you visit this Site. Your continued use of this Site, following the posting of such changes, constitutes your acceptance of those changes.

Registration
Registration is required for certain services offered by this Site. By registering, you agree:

to these Terms or any other policies incorporated into these Terms; and

that Hammerhead Systems in its sole discretion may terminate your account if it believes that you may have in any way violated these Terms or any other policies incorporated into these Terms.

Restrictions on Use of Content
No content, including software and podcasts, available on or through this Site ("the Content") may be copied, distributed, republished, uploaded or transmitted, in any way including any electronic means, without the prior written consent of Hammerhead Systems. Any unauthorized use of this Site or the Content is prohibited.

Hammerhead Systems or third party licensors retains title and intellectual property rights to the Content. No licenses to the Content are granted, express or implied.

You may download on one computer and print one copy of the Content for your personal, non-commercial use only, provided that:

you keep intact all copyright, trademark and other proprietary notices;

you do not modify or otherwise create any derivative works from the Content;

you do not modify or otherwise create any derivative works from the Content;

you do not use the Content in a manner that suggests an association with any Hammerhead Systems or its products, services or brands;

you do not download quantities of the Content to avoid future downloads from any Site;

you do not use the Content on any other website or computer environment, except as permitted above; and

you do not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Content to a human-readable form.

Hammerhead Systems reserves the right to discontinue providing any of the Content and require that you cease accessing or using any of the Content, at any time for any reason.

Forums and Public Communication
If you participate in a chat area, message board, e-mail or service offered by this Site ("Forum"), you agree:

to provide to Hammerhead Systems true and accurate information about yourself and to inform Hammerhead Systems of any changes to that information;

that any information you provide to Hammerhead Systems, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be non-confidential, that Hammerhead Systems shall have no obligation of any kind with respect to such information, and that Hammerhead Systems shall have unlimited rights to use, reproduce, disclose and distribute the information. You further agree that Hammerhead Systems shall be entitled to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, selling or using products incorporating or otherwise based upon such information; and

to refrain from certain communications, including but not limited to:

misrepresentations of an individual's identity or source of information or data;

statements that are defamatory, libelous, abusive, harassing, threatening, bigoted, hateful, racially offensive, vulgar, obscene, discourteous, indecent, tortuous, improper or otherwise objectionable, harmful, or offensive to others;

promotions, advertisements, solicitations related to politics, religion, personal gain, or commercial gain that does not involve Hammerhead Systems;

statements that do not generally pertain to the designated topic or theme of any Forum; material that contains a virus or other harmful component; and

material that infringes or violates another's rights, including intellectual property rights such as patents, trademarks, service marks and copyrights.

Any opinions expressed in a Forum are solely those of the authors and are not the opinions of Hammerhead Systems, Inc., its affiliates or of the management of those entities.

Hammerhead Systems reserves the right to remove or edit content from any Forum at any time and for any reason, but undertakes no obligation to do so.

No Warranties
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. HAMMERHEAD SYSTEMS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF, OR OTHERWISE RESPECTING, THE SITE OR ITS CONTENTS. HAMMERHEAD SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, OR SAMPLE, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGMENT, IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS.

No Liability
IN NO EVENT SHALL HAMMERHEAD SYSTEMS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THIS SITE OR ITS CONTENTS WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION OR LOSS OF USE, DATA, PROGRAMS, OR PROFIT, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE CONTENT; ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN THAT LINK TO OR ARE LINKED FROM THIS SITE; THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF; YOUR USE OF THIS SITE; OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, EVEN IF HAMMERHEAD SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.

Advertisers
This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. Hammerhead Systems will not be responsible for the legality of or any error or inaccuracy of advertisers' or sponsors' materials.

Unlawful Activity
Any illegal use of this Site or the Content is prohibited. Hammerhead Systems reserves the right, but shall have no obligation, to investigate complaints or reported violations of these Terms and to take any action Hammerhead Systems deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

Remedies for Violations
Hammerhead Systems reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular IP address to any Hammerhead Systems Site or feature of any Hammerhead Systems Site.

Governing Law and Jurisdiction
These Terms will be governed by and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law.

Additional Terms
Your use of this Site is also governed by the Hammerhead Systems Privacy Policy and the Hammerhead Systems Linking Policy, all of which are incorporated herein by reference.

Severability
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.