- A. The following describes the terms and conditions ("Terms") under which you may use this Web site (the "Site"). These Terms may change at any time without notice to you. By using this Site, you are agreeing to be contractually bound by these Terms as they are stated at the time of your use of (including any visit to) the Site. You are responsible for any use of this Site by anyone using your password, computer, e-mail address or other identifier. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT VIEW OR OTHERWISE USE THIS SITE
- B. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES While it may be possible to link or otherwise connect from this Site to other sites on the Internet, such a connection is done at your own risk. By providing a link from this Site to another Internet site, The Systems Group does not endorse or in any way take responsibility for content that may be posted or events that may transpire at those other sites.
- C. DISCLAIMER OF WARRANTIES
- 1. YOUR USE OF THIS SITE IS DONE AT YOUR OWN RISK.
- 2. THE SYSTEMS GROUP IS NOT RESPONSIBLE FOR ANY VIRUSES YOU MAY CATCH WHILE USING THIS SITE; NOR IS THE SYSTEMS GROUP RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THIS SITE OR OF ANY SERVICES AVAILABLE THROUGH THIS SITE.
- 3. ALL SERVICES AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THESE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- 4. THE SYSTEMS GROUP (INCLUDING ITS SUBSIDIARIES AND LICENSORS) DOES NOT WARRANT THAT THE SERVICES OR CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK.
- D. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE SYSTEMS GROUP (INCLUDING ITS SUBSIDIARIES AND LICENSORS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF THE SYSTEMS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
- E. PROHIBITED USE OF THE SITE In connection with Your use of this Site, You may not: (i) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) interfere or disrupt this site or any networks connected to this site; (iii) use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) take any action that imposes an unreasonable or disproportionately large load on Systems' infrastructure; (v) use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.
If you have made prohibited use of this Site, you will have breached the contract created by these Terms, and may be liable to The Systems Group for such breach. You may also be liable to The Systems Group for non-contractual legal remedies.
- F. INDEMNIFICATION You agree to defend, indemnify and hold harmless The Systems Group (including, but not limited to, its employees, officers, directors, shareholders, licensors, contractors, agents and all of its subsidiaries and affiliated companies) from all liabilities, claims, expenses, causes of action or damages, including attorney's fees and costs, that arise in any way from your use or misuse of this Site. The Systems Group reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Systems Group in asserting any available defenses.
- G. GOVERNING LAW AND JURISDICTION The law of the State of Arkansas will govern these Terms and your use of this Site. By using this Site, you agree to the exclusive jurisdictions of the state and federal courts of the State of Arkansas (as applicable) for any litigation that may arise out of, or relate to, these Terms and/or your use of this Site. You agree to waive any objection based on forum non conveniens or any objection to venue of any such action.
- H. INTELLECTUAL PROPERTY All content on this Site (including, but not limited to, text, logos, trademarks, service marks, materials, communications, software, data, sounds and images) is protected by the intellectual property rights of The Systems Group and/or its third-party content providers.