Interra Home Terms of Use

Welcome to interrsystems.com (hereafter referred to as "Site"), a service of Interra Systems, Inc. ("Interra").

Through this site, Interra provides valuable services and materials designed to aid its customers, partners and employees. Your access and use of the Site, along with any services or materials herein, is governed by and subject to the following Terms of Use Agreement (hereinafter referred to as the "Agreement"), as well as all applicable laws. Please review the Agreement carefully, before using the Site. By accessing, using or downloading any materials from the Site, you agree to abide by the terms and conditions in the Agreement.

1. User representations

You agree to review this Agreement prior to accessing any information or obtaining any documents from the Site. As Interra continues to evolve, this Agreement may change. Any changes will be made by updating this Agreement online. A change in the Terms of Use may include, without limitation, adding to, deleting from, or amending the existing Agreement. Any new Agreement may address matters that are different than the types of matters that are then contained in the Agreement. Interra will not be able to provide you with individual notice of any change in the Agreement. We may revise the Agreement at any time without notice to you. We advise you to periodically check this Site to ensure your familiarity with any changes. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

2. Copyright and trademarks

2.1 Copyright Interra System, Inc., 2007 - 2008. All rights reserved. The entire content of this Site is copyrighted unless otherwise noted. Nothing contained on this Site may be used in any manner, except as provided in this Agreement, or with the written permission of Interra?s legal department. Interra does not warrant or represent that your use of the materials displayed on the Site will not infringe on the rights of third parties not owned by or affiliated with Interra.

2.2 License Grant. In the event you download software from the Site, the software, including any files, images, incorporated in or generated by the software, and data accompanying the software (collectively, the Software), you are granted a perpetual, fee and royalty bearing, non-transferable, worldwide right to use the Software. In some cases the downloads have zero fee and royalty.

2.3 Restrictions. Interra does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Interra retains full and complete title to the Software and all intellectual property rights in it. You may not redistribute, sell, or create derivatives of the Software. You shall not reverse-assemble, reverse-compile, reverse-engineer, de-compile, disassemble, reduce the Software to a readable form, or in any way derive from the Software any source-code information. All Software is subject to the license granted to you at the time of its download. You may not distribute, modify, transmit, reuse, repost, or use the content of the site, including the text, software, images, audio, and video, for any purpose without prior written permission from Interra.

2.4 Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of Interra and its affiliates, and other third-party vendors. Interra will enforce its intellectual property rights to the fullest extent of the law.

3. Content and liability disclaimer

3.1 Liability. Your use of the Site is at your own risk. While Interra strives to provide accurate and up-to-date information on the Site, Interra makes no warranties or representations as to its accuracy, nor as to its decency, copyright compliance, or legality. Interra and its affiliates, as well as any other party involved in creating, producing, or delivering the Site, specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site, or any of the forms, documents or agreements contained on the Site. In particular, but without limiting the foregoing, Interra, its affiliates, and any other party involved in creating, producing, or delivering the Site, are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE.

Without limiting the foregoing, everything on the Site, including, but not limited to the materials and services, is provided to you "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. INTERRA DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

3.2 No substitute for professional advice. The forms, agreements, and documents within the Site, or available through the Site, may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from state to state.

You assume any, and all responsibilities and obligations with respect to any decisions made or advice given as a result of the use or selection of any information, program, or document obtained from the Site.

3.3 Links. The Site may contain links to third-party Internet sites. The linked sites are not under the control of Interra. Interra is not responsible for the content of any linked site, including, but not limited to, additional links found therein. Interra reserves the right to terminate any link or linking program at any time. Interra does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.

4. Indemnification

You agree to indemnify Interra and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys' fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users of the Site, and infringement of intellectual property or other rights.

5. Communication

You are responsible for your own communications and any consequences thereof. While on this Site, you may not do the following:

• Impersonate another person or entity, or post, publish, upload, or in any way distribute, transmit, or disseminate (collectively "Post") any message anonymously or under a false name
• Defame, harass, threaten, stalk, abuse, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others
• Post any obscene, pornographic, profane, or otherwise objectionable information, or unlawful information
• Post any material that infringes any patent, copyright, trademark, or trade secrets ("Intellectual Property") unless you are, or have the permission of the owner of the Intellectual Property to post or transmit such material
• Post any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt or damage another party's computer
• Engage in any commercial activities, including advertising or offering to sell any goods or services, unless in a Community intended for commercial activity
• Post chain letters, pyramid schemes, surveys, contests, charity requests, or petitions for signatures
• Spam* (see definition below) or otherwise interfere with, restrict, or inhibit other users of this Site

*Interra defines "Spam" as the sending of a message, individually or en masse, to anyone not requesting it, or would not otherwise choose to receive it, regardless of whether sent by a business, individual, or nonprofit organization.

6. Accuracy of information

Information provided on this Site, including information concerning any products or their use, is deemed reliable, but is not guaranteed. You should verify all statements herein.

7. Copyright complaints

Interra may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who infringe on the copyright of others. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, please notify Interra by providing 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 that is allegedly infringed
• A description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work
• A description of where on the Site the material that you claim is infringing is located, reasonably sufficient to permit Interra to locate the material
• Your address, telephone number, and email address
• A statement 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 from you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or you are authorized to act on the copyright owner's behalf.

You can reach the Interra agent for notice of claims of copyright infringement on this Site at:
Interra Systems, Inc.
20195 Stevens Creek Boulevard, Suite 250
Cupertino, CA 95014
Phone: (408) 873-1212
Toll Free: (1-877) BATONis (1-877-228-6647)
Fax: (408) 873-1211

8. Applicable law

These Terms of Use shall be treated as though they were executed and performed in Santa Clara, CA, and shall be governed and construed in accordance with the laws of the United States of America, and, to the extent that state law is applicable, by the laws of the State of California (without regard to conflict of law principles). The language in this Agreement shall be interpreted in a neutral manner and in accordance with their fair meaning. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in Santa Clara, California. You expressly submit to the jurisdiction of the federal and state courts located Santa Clara, California, and you consent to extra-territorial service of process. Interra and its affiliates make no warranties or representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

9. Export

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, you represent that you are not in a country where such export is prohibited and that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of specially-designated Nationals.

10. Passwords

If you elect to register and obtain a password, you represent and warrant that you will not transfer your password, as it is not transferable.

11. Miscellaneous

11.1 Other policies. For information on our Privacy Policy, click here. The terms of the Privacy Policy are incorporated into this Agreement.

11.2 Terms of Use control. In the event that any term or statement elsewhere on this Site conflicts with or is contrary to this Agreement, this Agreement shall control.

11.3 All rights reserved. All rights not expressly granted to you in this Agreement are reserved to Interra.

11.4 Compliance with local laws. You are responsible for compliance with the laws of your local jurisdiction.

11.5 Severability. If any portion of this Agreement is determined to be invalid or unenforceable, all other terms of the Agreement will remain valid and enforceable.

11.6 No Waiver. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right of that party to enforce such provision or any other provision.