Welcome to the PolicyShare™ web site, which is owned and operated by Policy Technologies International, Inc. ("PolicyTech"), the developer and retailer of the software application, Policy & Procedure Manger®. PolicyTech is the access provider and administrator (the "Provider") of the PolicyShare™ web site and some proprietary design and page content. The aggregated web site content comprises licensed contributions by interested parties of shared policies and procedures, document templates, e-mail messages and forum comments, among other professional and policy documents and materials.
This Web Site is intended for the use of professionals, administrators and specialists who work with and create organizational policies and procedures ("Intended User"). By accessing and using this Web Site, you represent and warrant that you are an Intended User.
2. WEB SITE RULES OF USE
- Violate (or cause others to violate) any applicable law, code, regulation or rule;
- Post on or transmit through this Web Site any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
- Resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database;
- Access and use the Web Site for commercial purposes or engage in activity that competes directly with the Web Site;
- Post or transmit false, unlawful, inappropriate, defamatory, obscene, vulgar, pornographic, profane or indecent messages or information in a form or format;
- Post to or otherwise communicate on the Web Site any false or misleading information about a person, entity or yourself, including, but not limited to impersonating any person or entity or falsely stating or otherwise misrepresenting your personal or professional qualifications or your affiliation with any person or entity;
- Post or provide a link to any material that infringes upon any third party's copyright, trademark, patent, trade secrets or other intellectual property rights;
- Bully, insult, offend, threaten, intimidate, harass, embarrass, or otherwise cause distress to any person or organization, or invade the privacy of any individual or entity;
- Post or transmit any code, communication, information, e-mail, software or other material which contains any malware, virus, Trojan horse or other harmful component;
- Post or transmit any content that encourages illegal activities or provides instructional activities about them;
- Use the Web Site to collect personally identifying information about users of the Web Site.
This list of Web Site Rules is intended to give examples of prohibited conduct by Intended Users, and is not given as an exhaustive list. If you violate any of these rules, or engage in other conduct that PROVIDER, in its sole and exclusive discretion, determines to be prohibited conduct, PROVIDER may, without prior notice and without liability to you, block your access, and ban you from access and use of any and all Web Site services, terminate your registration or account information, delete your messages or postings, and take any other action we deem appropriate.
PROVIDER reserves the right to pursue all remedies available at law and in equity for violations of the rules, terms, conditions and regulations set forth in this Web Site, including the right to block access from a particular Internet address to the Web Site.
The PolicyShare™ privacy policies are located at http://www.policyshare.com/legal/?Privacy
and are incorporated herein by reference.
As a general practice, PROVIDER will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) required by law to do so, (b) you provide permission to use your name, or (c) we first notify you that your submission(s) will be published or otherwise used with your name on it.
4. LICENSES AND PROPRIETARY RIGHTS
Any information, materials or content sent by you to PROVIDER will be deemed by us not to be confidential or proprietary to you. We warn you NOT to send confidential or proprietary information to PROVIDER. Furthermore, in the event that you do so, PROVIDER makes no warranty or representation about maintaining or protecting the confidentiality of such information from you.
Nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. The only license or right granted to Intended Users is stated explicitly in Section 4.1 and 4.2.
4.1 UPLOAD LICENSE
By uploading or sending any User Content, or engaging in any form of communication for display and use on the Web Site, you grant PROVIDER, the Intended Users, and the public an unrestricted, royalty free, irrevocable, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, document, reproduce, sublicense, display, perform, transmit and distribute those materials, content or information or any underlying work in which you may possess proprietary rights, including, but not limited to, copyright rights. Furthermore, you agree that PROVIDER is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
You and all other users of the Web Site are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against PROVIDER for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
YOU AGREE NOT TO UPLOAD WORKS OR USER CONTENT T0 WHICH YOU DO NOT HAVE THE RIGHTS. NOR WILL YOU INFRINGE UPON THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY OTHER PERSON OR ENTITY.
User Content is uploaded at your own risk. PROVIDER makes no guarantee that there will be no unauthorized copying or distribution of User Content nor will PROVIDER be liable for any copying or usage of the User Content not authorized by PROVIDER or by you.
4.2 DOWNLOAD LICENSE
By downloading User Content from the Web Site, you agree to honor the copyright and other rights of parties who upload User Content. For User Content that is not covered by copyright, you agree that you are free to make use of the content, subject to the Web Site Rules and the dictates of reasonable business and ethical practices.
4.3 PROPRIETARY RIGHTS
Your use of the Web Site affords you access to the PolicyShare™ content and services, however, some aspects of our Web Site and content remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all proprietary, protectable content on the Web Site, including but not limited to Web Site pages, any related documentation, the "look and feel" of the pages, the trademarked logos or names, many of the individual features, databases, and the collective works consisting of the content, hypertext links and public messages on our Web Site.
You may not reproduce any sequence of messages from content within our proprietary control or ownership, either electronically or in print, without our permission. You may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the Web Site or its features that we or our suppliers control or own.
5. GENERAL DISCLAIMERS; DISCLAIMERS OF WARRANTY
The Web Site and User Content provided on this Web Site may be outdated, incomplete, inaccurate, contain typographical errors, or otherwise may be in error; such faults may be the result of human or mechanical error or failure. Such content includes, but is not limited to, all information, documents, graphics and images contained on this Web Site.
PROVIDER is not obligated and makes no commitments or promises to modify, update or correct what is contained in or through this Web Site. Furthermore, PROVIDER reserves the right to temporarily or permanently modify, alter, discontinue or delete any information contained on the Web Site without prior notice.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION FOUND ON OR THROUGH THE WEB SITE TO A PARTICULAR SITUATION. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. PROVIDER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, OR INACCURACY OF LAW OR FACT IN THE INFORMATION OR DOCUMENTS PRESENTED OR CONTAINED ON THIS WEB SITE.
THE WEB SITE, THE USER CONTENT, MATERIALS AND INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE WEB SITE. THE USER CONTENT OR INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
PROVIDER DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF MALWARE, VIRUSES, WORMS OR TROJAN HORSES. THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PROVIDER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE, REGARDLESS OF THE REASON FOR OR CAUSE OF ANY ERROR OR OMISSION. IT IS POSSIBLE THAT THE ORIGINAL FORM OF THE INFORMATION OR DOCUMENTS MADE AVAILABLE DIFFERS FROM THAT PRESENTED ON THIS OR ANY LINKED WEB SITE BECAUSE OF ALTERATION, MECHANICAL FAILURE, ERROR IN TRANSMISSION, FAILURE IN REPRODUCTION, OR NATURE OF THE WEB SITE.
PROVIDER does not represent or endorse the accuracy or reliability of any information, content or materials contained on, distributed through, or linked, downloaded or accessed from any of the entities listed on this Web Site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with this Web Site or that of a supplier listed on this Web Site.
Intended Users hereby acknowledge that any reliance by them upon any information, content or advice presented on this Web Site shall be at their sole risk. PROVIDER reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of this website.
6. HYPERTEXT LINK DISCLAIMER
THIS WEB SITE CONTAINS LINKS TO OTHER WEB SITES, WHICH ARE PROVIDED FOR THE CONVENIENCE OF INTENDED USERS. THE LINKS CONTAINED ON THIS WEB SITE LET YOU LEAVE THIS WEB SITE. WHEN YOU ACCESS A LINKED WEB SITE, YOU ACKNOWLEDGE THAT IT IS INDEPENDENT FROM PROVIDER, AND THAT PROVIDER HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE.
PROVIDER MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE THAT YOU MAY ACCESS THROUGH POLICYSHARE™. THE CONTENT ON THESE SITES AND THE INFORMATION PROVIDED HAS NOT BEEN APPROVED, VERIFIED OR COMPLETELY REVIEWED BY PROVIDER. ALL USERS WHO DECIDE TO ACCESS LINKS PROVIDED BY THIS WEB SITE DO SO AT THEIR OWN RISK.
THE INCLUSION OF LINKS TO EXTERNAL SOURCES IS NOT INTENDED TO REFLECT THEIR IMPORTANCE, NOR IS IT INTENDED TO ENDORSE ANY VIEWS EXPRESSED, OR PRODUCTS OR SERVICES OFFERED, ON THESE OUTSIDE LINKS OR SITES, OR THE ORGANIZATIONS SPONSORING THE SITES. THE CONTENT AVAILABLE ON ANY LINKED INTERNET SITE DOES NOT REFLECT THE OPINIONS OF PROVIDER.
THE WEB SITE LINKS MAY LEAD TO SITES OR OTHER LINKS THAT CONTAIN OFFENSIVE AND OBJECTIONABLE CONTENT OR WHICH MAY CONTAIN DANGEROUS COMPUTER VIRUSES. USERS SHOULD ENSURE THAT WHATEVER LINKS THEY ACCESS ARE FREE OF MALWARE, VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. USERS ASSUME, AND WE HEREBY DISCLAIM, ALL RISK AND RESPONSIBILITY FOR ANY OF THE CONTENT ON THESE SITES OR FOR ANY DAMAGE SUSTAINED BY USERS OF THESE SITES.
7. NO ENDORSEMENT OR LEGAL ADVICE PROVIDED; NO ATTORNEY-CLIENT RELATIONSHIP CREATED.
PROVIDER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON OR THROUGH THE WEB SITE, (INCLUDING THOSE CONTAINED IN FORUMS, LINKED WEB SITES, ARTICLES OR OTHER MATERIALS OR OTHER USER CONTENT). THE INFORMATION PROVIDED, PRESENTED OR MADE AVAILABLE ON THE WEB SITE IS FOR GENERAL INFORMATION PURPOSES AND INTENDED SOLELY AS INFORMAL GUIDANCE. IT IS NOT A DETERMINATION OF YOUR LEGAL RIGHTS, NOR YOUR RESPONSIBILITIES UNDER THE LAW. THE INFORMATION SHOULD NOT BE RELIED UPON FOR LEGAL ADVICE.
NONE OF THE INFORMATION CONTAINED ON THIS WEBSITE IS, OR SHOULD BE CONSTRUED, AS LEGAL ADVICE AND PROVIDER IS NOT ENGAGED IN THE PRACTICE OF LAW. NOTHING CONTAINED IN, TRANSMITTED THROUGH, OR RECEIVED FROM THIS WEB SITE SHALL CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
YOU SHOULD NOT RELY UPON OPINIONS EXPRESSED ON OR THROUGH THIS WEB SITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK OUT COMPETENT COUNSEL TO OBTAIN LEGAL ADVICE.
8. LIMITATION OF LIABILITY
YOUR USE OF THE WEB SITE IS ENTIRELY AT YOUR SOLE RISK.
NEITHER PROVIDER, NOR ITS OFFICERS, EMPLOYEES, ANY AFFILIATES, PARTNERS, LICENSORS, CONTRIBUTING PARTIES, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS, ARE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSE-QUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM OR OTHERWISE, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE FOR ANY USE OF THIS WEB SITE, OR ANY OTHER LINKED WEB SITE, EVEN IF PROVIDER OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES, PARTNERS OR SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM A USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROVIDER, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEB SITE.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF YOUR EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF ANY BARGAIN BETWEEN PROVIDER AND YOU. THE INFORMATION AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF POLICYSHARE™, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PROVIDER reserves the right to assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
10. DISCUSSION FORUM/USER WARNINGS/USER CONDUCT
You understand that PROVIDER has no obligation to and does not monitor its discussion forums, although we reserve the right to do so, including that PROVIDER may from time to time, in its sole discretion, monitor any and all information transmitted or received through the Web Site and any forum, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Web Site constitutes consent to such monitoring.
PROVIDER does not endorse any advice or opinion contained in its discussion forums. The opinions expressed in the discussion forums reflect solely the opinions of the participants. PROVIDER encourages participants to be truthful and discourages misleading, false or manipulative use of the discussion forums. PROVIDER may take any action it deems appropriate, in its sole discretion, to maintain the quality of its services and to protect PROVIDER and others.
You acknowledge and agree that PROVIDER may, from time to time, without notice to you and its sole discretion, establish various practices, limitations and restrictions for administering Web Site services, including without limitation: how often the Web Site may be accessed; the maximum number of days that discussion forum messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for services; and all other matters related to administration of services.
As an Intended User of the Web Site and any forums, you agree to act responsibly and reasonably in contributing and in posting any content to the Web site or forums. You understand that you have a limited license and revocable privilege for accessing its content.
11. OWNERSHIP OF COPYRIGHTS AND TRADEMARKS
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to PROVIDER or its licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.
PROVIDER has the exclusive legal right to use the following trademarks and logos: "PolicyShare,™" "PolicyTech,™" and "Policy Technologies International, Inc.™." Unauthorized use of any PolicyShare or PolicyTech trademark or logo is a violation of federal and state trademark laws.
13. COPYRIGHT INFRINGEMENT; NOTIFICATION
- Web Site
PROVIDER reserves the right to modify this Web Site at any time. Information may be changed or updated without notice. PROVIDER may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Continued use of this Web Site by you shall be deemed to indicate your agreement to be bound by any changes to the Web Site.
If you believe that any material on this Web Site infringes on any copyright which you own or control, or that any link on this Web Site directs you to another web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.
PolicyShare™ respects the intellectual property rights of others, and we may, in appropriate circumstances and at our sole discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If you believe that your work is the subject of copyright infringement, please comply with the requirements of the Digital Millennium Copyright Act and provide us with the required information in the notice sample available at http://www.policyshare.com/legal/?TakeDown
If you believe that your work is the subject of trademark infringement and appears on our Site, you may tender to PROVIDER's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit PROVIDER to locate the material.
- Information reasonably sufficient to permit PROVIDER to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PROVIDER reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that you support your claims of actionable trademark infringement. PROVIDER's designated agent for notice of claims of copyright or trademark infringement on this Web Site can be reached as follows:
Manager, Contracts and Legal Affairs
Policy Technologies International, Inc.
P.O. Box 1029
Rexburg, ID 83440
By E-mail: Contact Form
PROVIDER reserves the right to remove User Content without notifying the parties who posted User Content, and without providing you with an opportunity to submit a counter-notification, and you waive any rights or claims that you might have against PROVIDER for removing your User Content, including without notifying you of PROVIDER's receipt of a DMCA takedown notice or providing you with an opportunity to submit a counter-notification or complying with the counter-notification procedure set out in the DMCA.
14. CHOICE OF LAW
This Agreement shall be treated as though it were executed and performed in Rexburg, Idaho, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Idaho (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the U.S District Court and the State District Court for Madison County, Idaho. You agree and expressly submit to the personal jurisdiction and venue of said courts and consent to extra-territorial service of process.
15. INTEGRATION; SEVERABILITY; GENERAL
Date of Last Modification: 31 January 2011