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Site Terms

WEBSITE TERMS AND CONDITIONS

This Web site (www.banyon.com) is provided by Banyon Data Systems, Inc (Banyon Data) and may be used for informational purposes only. By using the Site or downloading materials from the Site, you are agreeing to the terms and conditions set forth in this notice ("Agreement").

Limited License

Subject to the terms and conditions set forth in this Agreement, Banyon Data grants you a non-exclusive, non-transferable, 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.

This Site, and all the information and materials hereon ("Materials"), is protected by copyright laws. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Banyon Data does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Site Security

In using this Site, you are not to violate, or attempt to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. It is Banyon Data’s policy to investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Disclaimer

BANYON DATA STRIVES TO PROVIDE ACCURATE, UP-TO-DATE INFORMATION ON THIS SITE. NEVERTHELESS, SOME MATERIALS ON THIS SITE MAY BE INACCURATE AND/OR CONTAIN TYPOGRAPHICAL ERRORS. BANYON DATA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS. ANY RELIANCE ON THE MATERIALS IS DONE AT YOUR OWN RISK AND BANYON DATA DISCLAIMS LIABILITY FOR ANY DAMAGES AS A RESULT OF SUCH RELIANCE. BANYON DATA RESERVES THE RIGHT TO CORRECT ANY INACCURACIES, OMISSIONS, OR TYPOGRAPHICAL ERRORS ON THIS SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Third-Party Sites

Banyon Data may provide links from this Site to third party Web sites. If you click on any such link, you do so at your own risk. Banyon Data makes no representation or warranty as to the accuracy or security of any third-party Web site to which this Site links.

User Provided Information

Any personally identifiable information you may provide to Banyon Data via this Site is protected by this Site's Privacy Policy. Banyon Data does not want you to, and you should not, send any confidential or proprietary information to Banyon Data via the Site. Any information or materials that you provide to Banyon Data via this Site, including, but not limited to, any questions, comments, ideas, discoveries, plans, notes, drawings, or original or creative materials, will not be considered confidential or proprietary. By providing any such information or materials to Banyon Data, you grant to Banyon Data, and Banyon Data reserves, an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials. You further recognize that Banyon Data does not want you to, and you warrant that you shall not, provide any information or materials to Banyon Data that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitation of Damages

IN NO EVENT SHALL BANYON DATA BE LIABLE TO ANY ENTITY FOR ANY DAMAGES STEMMING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY LINKED WEB SITE.

Indemnity

You agree to indemnify, defend and hold Banyon Data, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly from your breach of this agreement or your activities in connection with this Site.

Changes to Terms and Conditions

Banyon Data reserves the right, at any time and at its sole discretion, to amend this Agreement in whole or in part. Users should review this Site's Terms and Conditions periodically to ensure they are complying with the most current set of terms.

Banyon Data may, from time to time, make changes to the Site, including adding or removing features of the Site or granting, expanding, removing, or limiting your access to certain features of the Site.