THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS") GOVERN YOUR USE OF ARAGON CONSULTING GROUP, INC.'S ("ARAGON") WEB SITE ON THE WORLD WIDE WEB ("SITE") LOCATED AT THE URL: WWW.KRUGLE.COM AND THE SERVICES AVAILABLE ON THE SITE ("SERVICES"). THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS SET FORTH BELOW. YOU AGREE THAT ARAGON MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. ARAGON WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE OBLIGATED TO REVIEW THE TERMS EACH TIME YOU USE THE SITE AND YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, ARAGON RESERVES THE RIGHT TO MAKE CHANGES TO THE SERVICES AT ANY TIME.
THESE TERMS DO NOT MODIFY ANY RIGHTS THAT YOU MAY HAVE TO USE KRUGLE'S ENTERPRISE SOFTWARE AND THE RELATED HARDWARE AND DOCUMENTATION (COLLECTIVELY, THE "KRUGLE ENTERPRISE PRODUCT") LICENSED AND PROVIDED UNDER THE TERMS OF THE KRUGLE ENTERPRISE SUBSCRIPTION LICENSE AGREEMENT. YOUR USE OF THE KRUGLE ENTERPRISE PRODUCT IS GOVERNED SOLELY BY THE TERMS OF SUCH KRUGLE ENTERPRISE SUBSCRIPTION LICENSE AGREEMENT; PROVIDED, HOWEVER, TO THE EXTENT THAT YOU ARE USING THE KRUGLE ENTERPRISE PRODUCT TO SEARCH FOR ANY THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT IS GENERALLY MADE AVAILABLE TO THE PUBLIC ON THE SITE ("EXTERNAL SEARCH FUNCTION"), YOU MUST ABIDE BY THESE TERMS IN USING SUCH EXTERNAL SEARCH FUNCTION.
YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS SITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND HAVE THEM READ AND AGREE TO THESE TERMS.
General Use Restrictions
Except for Third Party Software and Third Party Content (both defined below), all information, features, applications and Services provided on this Site, including, trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by Aragon. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
Aragon grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Aragon may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If Aragon becomes aware of any of the foregoing activities, Aragon may investigate and may respond, and when appropriate, Aragon may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Aragon requires that you respect the other users of the Site. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Aragon expressly prohibits and you agree not to:
- post any false, inaccurate or misleading Third Party Content (defined below);
- use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
- post any Third Party Content that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable;
- harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact;
- send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication;
- make any changes, additions and/or deletions to any of the Third Party Content posted by any user without the express written authorization of such other user;
- take any action that imposes an unreasonable or disproportionately large burden on the Site's infrastructure;
- include any misleading, irrelevant and/or hidden keywords in any Third Party Content posted by you;
- frame or link to the Site any of the content or information available from the Site unless Aragon expressly consents to such linking and/or framing;
- intentionally expose the Site and/or Service to any computer virus, worm or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
- use any robot, spider or other program or device to retrieve or index any portion of the Site; or
- harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Aragon reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services, to remove any Third Party Software or remove or edit any Third Party Content for any reason, including, without limitation, any action that Aragon, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user.
The foregoing prohibitions do not impose on Aragon, and Aragon does not assume, any obligation to monitor or remove any Third Party Content or other communication posted by you or any other user. You hereby acknowledge and agree that you may be exposed to Third Party Content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL THIRD PARTY CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND ARAGON WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH THIRD PARTY CONTENT. Your access to and/or use of the Site, the Services and/or the External Search Function is undertaken at your own risk and Aragon is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Site, Aragon may require you to set up a user name and password ("Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Aragon from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Aragon at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Aragon immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Third Party Software
Third Party Content and Postings
"Third Party Content" means, collectively content, information and material posted to the Site by You and other third party users of the Site, including, without limitation, text, files, Images (as defined below), works of authorship, comments, notes and forum postings. Third Party Content available on the Site is, in each case, the copyrighted work of the respective third party or third party user of the Site. You acknowledge that you are responsible for the Third Party Content you post to the Site and that you, and not Aragon, will have full responsibility for the Third Party Content you post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Site that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Images.
Links To Third Party Sites
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Aragon or others used on this Site and in the Services are the property of Aragon or their respective owners. You may not remove or alter any Trademarks. You may not use any Trademarks displayed on the Site or in the Services without the express prior written permission of Aragon or the respective Trademark owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. All of the Materials appearing on this Site and in the Services, including, but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Aragon, Inc. Copyright © 2006, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless Aragon and its affiliates, representatives, partners, agents and employees from and against any and all claims, demands, liabilities, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site, the Services and/or the External Search Function, any transaction related to the acquisition of Third Party Software, posting or transmission of any Third Party Content, or a breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site, the Services and/or the External Search Function may include certain errors, omissions, outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Aragon, and agree that Aragon does not warrant the accuracy or timeliness of the Materials and further agree that Aragon has no liability for any errors or omissions in the Materials, whether provided by Aragon or its licensors.
ARAGON, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR ACCESSED THROUGH THE SERVICES AND/OR EXTERNAL SEARCH FUNCTION, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY THIRD PARTY SOFTWARE AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND/OR THE EXTERNAL SEARCH FUNCTION AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR ACCESSED THROUGH THE SERVICES AND/OR EXTERNAL SEARCH FUNCTION IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
NEITHER ARAGON NOR ANY OF ITS AGENTS, AFFILIATES, OR PROVIDERS OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, THE SERVICES AND/OR EXTERNAL SEARCH FUNCTION, INCLUDING, BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE, THE SERVICES AND/OR EXTERNAL SEARCH FUNCTION, ANY TRANSACTIONS RELATED TO THE ACQUISITION OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ARAGON WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR DEVELOPERS, YOU HEREBY RELEASE ARAGON (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Aragon respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:
- 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;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email 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; and
- 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.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail: Aragon Consulting Group, Inc. Attention: 3 Twin Dolphin Drive, Suite 210, Redwood City, CA 94065
By phone: (415) 869-8818
By email: email@example.com
Aragon controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to the export and import regulations of other countries in relation to the Materials, the Third Party Software or the Third Party Content. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without Aragon's prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Aragon to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Aragon in writing. No joint venture, partnership, employment or agency relationship exists between you and Aragon. These Terms comprise the entire agreement between you and Aragon with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for Aragon's rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.
Last updated: April 7, 2009