Terms and Conditions of Use
This Web site ("Site") is provided by Dedicated Micros, Inc. (Dedicated Micros) and may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to and are bound by the terms and conditions set forth in this legal notice. If you do not agree to abide by these terms and conditions do not use the Site or download any materials from the site.
Limited License and Intellectual Property Rights
Subject to the terms and conditions set forth in this legal notice, Dedicated Micros grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Dedicated Micros authorizes you to view and download the information ("Materials") at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in or to the Materials, and any copies of the Materials that you might make are subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site and all the Materials are the copyright of Dedicated Micros and they are protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Dedicated Micros does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DEDICATED MICROS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. DEDICATED MICROS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. DEDICATED MICROS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE CONSEQUENCE OF ANY NATURE OR KIND.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED STRICTLY "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE MATERIALS ON THIS SITE, DEDICATED MICROS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY OF THE CONTENT OR MATERIALS PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, Dedicated Micros may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own and sole risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Dedicated Micros makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Dedicated Micros or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Dedicated Micros or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by Dedicated Micros, except that Dedicated Micros consents to links in which: (i) the link is a text-only link containing only the name " Dedicated Micros, Inc."; (ii) the link "points" only to http://www.dedicatedmicros.com/ and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Dedicated Micros, nor be such as to damage or dilute the goodwill associated with the name and trademarks of Dedicated Micros or its Affiliates. Dedicated Micros reserves the right to revoke this consent to link at any time in its sole discretion and without notice.
Information Provided By You
Limitations of Damages
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DEDICATED MICRO'S NEGLIGENCE, SHALL DEDICATED MICROS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE IN ANY WAY RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE MATERIALS AND THE FUNCTIONS OF THIS SITE OR ANY LINKED WEB SITE, EVEN IF DEDICATED MICROS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DEDICATED MICRO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT YOU PAID DEDICATED MICROS TO ACCESS THE SITE.
Dedicated Micros reserves the right, at its sole discretion, to change, modify, add or remove any portion of the terms and conditions of this legal notice in whole or in part, at any time and without notice of any kind. Changes in this legal notice will be effective when it is posted on the Site. Your continued use of the Site after any changes to this legal notice are posted will be considered acceptance of those changes.
Dedicated Micros may terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the availability of any features of the Site, at any time and without notice. Dedicated Micros may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Dedicated Micros may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all copies of the Materials in your possession.
International Users and Choice of Law This Site is controlled, operated and administered by Dedicated Micros from its offices within the United States of America. Dedicated Micros makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local and international laws. The terms and conditions of use contained in this legal notice shall be governed by the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions.
This legal notice constitutes the entire agreement between Dedicated Micros and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of this legal notice or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of this legal notice shall continue in full force and effect.
Dedicated Micros is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from or through this Site.
In general, you can visit this Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In addition, there are portions of this Site where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, telephone, fax number, e-mail address or other information. This Site is not intended for persons under thirteen (13) years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.
Use of Collected Information
Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the Materials. When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request (such as to receive electronic annual reports or to be added to our supplier diversity database). This information may be shared with other Dedicated Micros businesses, but only if necessary to fulfill your request or for related purposes.
We may share the personal information you provide with other companies we have hired to provide services for us. These companies - our vendors - are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. We do not share, sell, or lease personal information about you to any third-parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect you from fraud).
When you visit this Site or advertisements appearing thereon, or use one or more of the Site's services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified, and our ability to personalize your online experience would be limited.
Use and Disclosure of Anonymous Aggregated Information
Dedicate Micros may also collect, aggregate, and maintain anonymous information about the visitors to our websites, such as visitors' hobbies, interests, purchasing habits, preferences, and the like. This data can then be used to tailor the Site, the Materials and advertising to deliver a better experience for our visitors. In addition, Dedicate Micros may also share such aggregate information about our visitors with advertisers, business partners, sponsors, and other third parties; for example, to inform them about the percentage of male/female visitors or percentage of visitors within a particular age range.
Security of Collected Information
We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those Dedicated Micros workers who need to know the information to respond to your inquiry or request. Workers who misuse personal information are subject to disciplinary action.
You agree to indemnify, defend, and hold Dedicate Micros and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the terms and conditions of use contained in this legal notice. You will cooperate as fully as reasonably required in Dedicated Micro's defense of any claim. Dedicated Micros reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dedicated Micros.