Madpoison's Legal Notices and Terms of Use

Welcome to the Madpoison web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Statement. We may revise the Legal Notice and Terms of Use or Privacy Statement at any time without notice to you.

Madpoison Terms and Conditions 

Madpoison AND ITS AFFILIATES ("Madpoison") DOES NOT WARRANT THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY DATA, INFORMATION, FEATURES AND/OR PROGRAMS ("INFORMATION") AVAILABLE ON OR THROUGH THE VARIOUS Madpoison WEB SITES (COLLECTIVELY THIS "WEB SITE"). TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NO-INFRINGEMENT. USE OF THE INFORMATION ON THIS WEB SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL Madpoison BE LIABLE TO ANY PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE, SPECIAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY USE OR RELIANCE UPON THE INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR DAMAGE TO DATA (INCLUDING ADDRESS BOOK DATA), OR DAMAGE TO YOUR COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED Madpoison OF THE POSSIBILITY OF SUCH DAMAGES.

The information, products and services contained or referred to on this web site may change or be updated without notice. There may be links in this area which allow you to visit the sites of other companies. Neither these sites nor the companies to whom they belong are controlled by Madpoison. Madpoison makes no representations concerning the information provided in these sites nor the quality or acceptability of the products or services offered by the companies referenced in these sites. Madpoison has not tested and makes no representations regarding the correctness, performance or quality of any software found at these sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. Madpoison does not accept ideas, concepts, or techniques for new services or products through its web site. If such information is received, it will not be considered confidential and Madpoison will be deemed free to use, communicate and exploit such information in any manner it chooses.

Use of Web Site Information

You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express written authorization of Madpoison.

Documents specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly permitted by Madpoison.

Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to Madpoison, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another. s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Madpoison, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Madpoison, you automatically grant (or warrant that the owner of such rights has expressly granted) Madpoison a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Linking to Madpoison's Web Site

Madpoison permits anyone to link to Madpoison's web site subject to the linker's compliance with the following terms and conditions:

A site that links to Madpoison's web site:

Must submit an email to information@Madpoison.com containing the web address and contact information of the site that will provide a link to Madpoison.

May link to, but not replicate, content contained in Madpoison's site;

Must not create a border environment or browser around content contained in Madpoison's site;

Must not present misleading or false information about Madpoison's services or products;

Must not misrepresent Madpoison's relationship with the linker;

Must not imply that Madpoison is endorsing or sponsoring the linker or the linker's services or products;

Must not use Madpoison's logos or trade dress without prior written permission from Madpoison;

Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;

Must not contain materials that would violate any laws;

Must agree that the link may be removed at any time upon Madpoison's request pursuant to Madpoison's reserved rights to rescind its consent to allow the link.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Madpoison immediately of any unauthorized use of your password(s). Madpoison is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Madpoison is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Madpoison is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Madpoison is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Madpoison is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Termination of Use

You agree that Madpoison may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Madpoison.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Madpoison EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Madpoison MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. Madpoison SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Madpoison RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL Madpoison BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless Madpoison, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys. fees and costs, arising out of or in any way connected with your access to or use of the Site.

Privacy Statement

Madpoison is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.madpoison.com.

Export Control Laws

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Madpoison in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own use of the services of Madpoison outside the U.S. Neither the services of Madpoison nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. ¤¤736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

United States Government Rights

All Madpoison products and publications are commercial in nature. The software, publications, and software documentation available on this web site are "Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. ¤12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, Madpoison's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.

Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Lombard or DuPage County, Illinois. You and Madpoison agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

Madpoison, the Madpoison logo, NotesMedic, the NotesMedic logo, Command Center Interface, CCI, the Command Center Interface logo, GroupManager, the GroupManager logo, and all other Madpoison product names and/or logos not explicitly stated are trademarks of Madpoison, Inc. All other company and product names may be trademarks of their respective owners. The information contained herein is subject to change without notice.

© 2010. Madpoison, Inc. This site is protected by copyright and trademark laws under U.S. and international law. All rights reserved.

Contact Information

If you have any questions regarding these Terms of Use or have any other questions regarding the Site, please contact Madpoison at information@madpoison.com.