| Thank
you for visiting Santa Cruz Solutions.
The Santa Cruz Solutions website www.santacruzsolutions.com
has been made available to you subject to your compliance
with the terms and conditions set forth below (the "Conditions
of Use"). Please read this document carefully before
accessing or using the Santa Cruz Solutions / www.santacruzsolutions.com
website. By accessing or using this website, you are agreeing
to be bound by the Conditions of Use. If you do not wish to
be bound by the Conditions of Use, you may not access or use
the website.
Modification of these Conditions of Use
Santa Cruz Solutions reserves the right to change the terms,
conditions, and notices at any time, and such modifications
shall be effective immediately upon posting of such changes.
You are therefore responsible for regularly reviewing these
Conditions of Use and additional terms or notices posted on
the Santa Cruz Solutions website. Your continued access of
this website shall be deemed your conclusive acceptance of
the modified agreement.
Privacy
Please review our Privacy Policy, which also governs your
visit to www.santacruzsolutions.com, to understand our practices
regarding the use and disclosure of your personal information.
Electronic Communications
When you visit or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to
receive communications from us electronically or by other
means available. We will communicate with you electronically,
by telephone or by facsimile. It is further understood that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited
to: Text, graphics, logos, button icons, Flash movies, images,
audio clips, digital downloads, data compilations, and software,
are the property of Santa Cruz Solutions, its content suppliers
or it's clients and are protected by Domestic and International
copyright and trademark laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute any portion
of the website contents without the prior express written
consent of Santa Cruz Solutions.
You may print or download portions of the materials from
various areas of this website solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. If you believe
any content appearing on our website constitutes a copyright
infringement of another parties rights, please contact us
immediately.
License and Website Access
Santa Cruz Solutions grants you limited license to access
and make personal use of this website and not to download
(other than for page caching purposes) or modify it, or any
portion of it, except with the express written consent of
Santa Cruz Solutions. This website or any portion of this
website may not be reproduced, duplicated, adapted, copied,
sold, resold, transmitted or otherwise exploited for any commercial
purpose without the express written consent of Santa Cruz
Solutions. You may not frame, or use any framing techniques
to enclose any trademark, logo, or other proprietary information
(including images, text, flash movie, page layout, or form)
of wwww.santacruzsolutions.com without the express written
consent of Santa Cruz Solutions. You may not use META tags
or any other "hidden text" which utilize www.SantaCruzSolutions.com,
www.BayAreaSolutions.com, or www.TriCountySolutions.com, or
any other derivative of our domain or company name without
the express written consent of Santa Cruz Solutions. You are
hereby granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Santa Cruz Solutions
so long as the link does not portray any false, misleading,
derogatory, or otherwise offensive matter.
It is further understood and agreed that Santa Cruz Solutions
cannot and does not guarantee or warrant that files made available
for downloading through the wwww.santacruzsolutions.com website
will be free of infection or viruses, worms, Trojan horses
or other code that manifests contaminating or destructive
properties. It is your responsibility for implementing sufficient
safeguards and procedures to ensure that any files obtained
through Santa Cruz Solutions are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY SANTA
CRUZ SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SANTA CRUZ SOLUTIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE
OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SANTA CRUZ
SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SANTA CRUZ SOLUTIONS
DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL
SENT FROM WWW.SANTACRUZSOLUTIONS.COM ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. SANTA CRUZ SOLUTIONS WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SANTA CRUZ SOLUTIONS USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. SANTA CRUZ SOLUTIONS
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL
OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE
OR WITH OTHER INCORRECT INFORMATION, SANTA CRUZ SOLUTIONS
HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE
PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY SANTA
CRUZ SOLUTIONS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO
RETURN IT TO SANTA CRUZ SOLUTIONS FOR A REFUND. ALL POSTAGE
REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Third Party Links
Linked website's are not under the control of Santa Cruz
Solutions is not responsible for the contents of any linked
site or any link contained in a linked site. www.santacruzsolutions.com
provides links to you only as a convenience, and the inclusion
of any link does not imply or constitute an endorsement by
Santa Cruz Solutions of the site.
Applicable Law
By visiting the www.santacruzsolutions.com website, you agree
that the laws of the state of California, without regard to
principals of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between
you and Santa Cruz Solutions.
Disputes
Any dispute relating in any way to your visit or access of
the Santa Cruz Solutions website or to the products or services
you purchase through the Santa Cruz Solutions website shall
be submitted to binding arbitration in Santa Cruz County,
California, except that, to the extent you have in any manner
violated or threatened to violate Santa Cruz Solutions intellectual
property rights, Santa Cruz Solutions may seek injunctive
or other appropriate relief in any state or federal court
in the state of California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under these Conditions
of Use shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under these Conditions
of Use shall be joined to an arbitration involving any other
party subject to these Conditions of Use, whether through
class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Santa Cruz
Solutions, its officers, directors, owners, partners, employees,
agents, licensors, suppliers and any third party information
provider to the website from and against all losses, expenses,
damages and costs, including attorney's fees, resulting from
any violation of these Conditions of Use (including negligent
or wrongful conduct) by you or your use and access of the
Santa Cruz Solutions website.
International Use
Given the global nature of the Internet, you agree to comply
with all local rules including, without limitation, rules
about the Internet, data, e-mail, privacy, copyright, and
trademark infringement. Additionally, you agree to comply
with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
Other Provisions
Santa Cruz Solutions failure to insist upon or enforce strict
performance of any provision of these Conditions of Use shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice
shall act to modify any provision of these Conditions of Use.
Santa Cruz Solutions may assign its rights and duties under
these Conditions of Use to any party at any time without notice
to you. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity or enforceability
of any remaining condition. Any rights not expressly granted
herein are reserved.
Images & Individuals
Images of individuals throughout this website are used for
illustrative purposes.
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Our Privacy Policy
Santa Cruz Solutions is committed to protecting your privacy.
That is why we have adopted this Privacy Policy. This Privacy
Policy is intended to describe how your personal information
is processed and used, and we will make every effort to ensure
that our activities keep within the spirit of this Privacy
Policy. Please note that by visiting and using www.santacruzsolutions.com,
you are accepting the practices described in this Privacy
Policy.
What Information is Santa Cruz Solutions
gathering about its visitors and how is it being used?
Every computer connected to the Internet is provided with
a domain name (e.g. earthlink.net) and an IP Address (e.g.
192.164.13.145). When a visitor requests a page from within
the Santa Cruz Solutions web site, our Web Servers automatically
identify and log the HTTP request that is made to our Web
Server. This information reveals nothing personal about you.
In fact, the only information that we automatically gather
and log is as follows:
• The IP Address of the Site that may have referred
you.
• Your IP Address
• The Web Page that you may have linked to us from,
if any.
• The Product Identifier for Version and Make of Browser
(e.g. Internet Explorer 4.5)
• The Operating System platform that you may be running
(e.g. Macintosh or Windows)
• Search Words or Terms that are passed from a Search
Engine (e.g. Google, Yahoo, or Lycos)
There is absolutely nothing special about the information
just described, and the practice of collecting this data has
been generally standardized by virtually every Web Server
on the Internet today.
The purpose for this information is actually two-fold. One,
Santa Cruz Solutions has found it advantageous to examine
visitor traffic in its aggregate, so that we can ensure maximum
compatibility for the various Browsers and Operating Systems
that visit our site. Additionally, as any business should
attest, it is our desire to generate greater amounts of visitor
traffic. By analyzing visitation patterns, referring URL's
and Search Engine terms, we can strategically enhance our
exposure on the Internet.
What about Cookies?
Cookies are small pieces of data that are transferred to
your computer's hard drive through your Web browser from our
Web Server. A cookie cannot read data from your hard disk
or read cookie files that may have been created from other
sites. The Santa Cruz Solutions web site does not use cookies.
You can choose whether to accept cookies by changing the
settings of your browser. Typically, by accessing the browser's
help feature you can obtain information on how to prevent
your browser from accepting all cookies or to notify you when
a cookie is being sent. If you choose not to accept these
cookies, your experience at our web site and other web sites
may be diminished and some features may not work as intended.
What other information does Santa Cruz
Solutions request?
We may also request your e-mail address or mailing address
for the purposes of conducting a survey, adding you to our
mailing list, or by your request to have someone contact you
for additional information. Whenever we request the identity
of a visitor, we will clearly indicate the purpose of the
inquiry before the information is requested. We maintain a
strict "No Spam" policy that means we do not intend
to sell, rent, or otherwise give your e-mail address to a
third-party, without your consent.
In addition, Santa Cruz Solution will not send you e-mail
that you have not agreed to receive. If you are a member of
our Mailing List, you will be contacted with announcements,
news, etc... You have the option of "Unsubscribing"
from our Mailing List at any time, thereby disabling any further
such e-mail communication from being sent to you.
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