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TERMS AND CONDITIONS OF USE FOR WWW.INTEGRIEN.COM WEB SITE
This web site (this "Site") is offered by Integrien Corporation ("Integrien") to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (these "Terms of Use"). Your accessing or use of this Site constitutes your agreement to all of the terms and conditions set forth herein.
© 2001 - 2008 Integrien Corporation
Integrien, Integrien Alive, and Alive Analytics are trademarks of Integrien Corporation. All rights reserved.

Each of these are protected in the United States and internationally.

Unless otherwise noted, Integrien Corporation owns the copyrights to all content on this Site and all of the trademarks, service marks, trade names, trade dress and products on this Site. No use of any of these may be made without Integrien' prior, written authorization or, if owned by a third party, the prior, written authorization of such third party.

PRIVACY POLICY
Integrien respects your privacy. In general, unregistered users visiting www.integrien.com may elect not to provide any personal information if it is requested. Our Site does collect some data automatically. This may include your IP address, the URL you came from, the time and date of your visit, where you went on our site, your browser type, your operating system, and the URL you went to when you left our site. This information may be analyzed to help us understand our audience, business, customers, sales, traffic patterns, performance and related site information.

When you register for any of our products or services, Integrien collects personally identifiable information. This information is used to provide the information you request as well as to help us understand our audience, business, customers, sales, traffic patterns, performance and related site information.

Access to certain Integrien web pages requires username and password. We recommend that you do not divulge your username and password to anyone, and follow safe practices to avoid this information falling into unauthorized hands.

We reserve the right to change this Privacy Policy at any time and will post any updates to this page. Accordingly, please check this page on a regular basis for such updates.

MODIFICATION
Integrien reserves the right to modify these Terms of Use at any time without notice. By accessing this Site after any changes to these Terms of Use have been posted thereon, you will be deemed to have consented to all such changes. Integrien shall have the right, in its sole discretion, to change, suspend or discontinue this Site or any aspect of this Site, generally or with respect to you, at any time, including hours of operation and availability of any Site feature, database or content without notice and without liability to you or any third party.

NO IMPLIED LICENSE
Nothing herein shall imply any right to download or use any Associated Materials (as defined below). Except as expressly authorized in writing by Integrien, you agree not to copy, distribute, transmit or modify this Site or the Associated Materials. You shall not cause this Site to be displayed as a part of or within another Internet site or web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain. You shall not in any event modify, translate, reverse engineer, decompile, disassemble or otherwise reduce this Site or the Associated Materials to human perceivable form or attempt to discover underlying algorithms or techniques except to the extent that such activities may not be prohibited under applicable law.

CONDUCT
You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, "spam," chain letters or any other form of unauthorized solicitation; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trade secrets, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, make false or misleading indications of origin or fact. You, and not Integrien, shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. Integrien shall have the right, but not the obligation, to monitor or review your conduct on this Site.

RIGHTS IN THIS SITE AND THE ASSOCIATED MATERIALS
All title, interest and ownership rights in and to this Site, and any associated software, files, data, content, documentation and any other materials provided by Integrien (collectively, "Associated Materials"), including any improvements, modifications and enhancements made thereto, are and shall remain in Integrien. You may not use this Site or the Associated Materials other than for internal purposes, subject to these Terms of Use. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered marks of Integrien and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark, without the written permission of Integrien. Integrien' Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior, written permission of Integrien. All contents of this Site are Copyright 1999-2008 by Integrien Corporation, 1 Ada Suite 200 Irvine, CA 92618 U.S.A. All rights reserved.

You may not reproduce, copy or redistribute the design or layout of this Site or individual elements of this Site without the prior, express, written permission of Integrien. Any and all rights not expressly granted herein are reserved by Integrien.

FEEDBACK
In the event that you provide Integrien with any feedback, information, submissions or suggestions ("Feedback") regarding the functionality and/or performance of this Site or the Associated Materials or otherwise, you hereby grant to Integrien a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license, with right to sublicense, to use, make, have made, offer for sale, sell, import, reproduce, disclose, sublicense, distribute, modify, perform, display, and otherwise exploit such Feedback without restriction.

SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS
This Site may contain statements relating to future plans, events or performance. These statements may involve risks and uncertainties pertaining to such matters as the timing and level of customers orders, demand for products and services, development of markets for Integrien products and services, and other risks. Actual results, events and performance may differ materially. You are cautioned not to unduly rely on these forward-looking statements, which speak only as of the date posted. Integrien is under no duty to update any of these forward-looking statements to reflect events or circumstances after the date posted or to reflect unanticipated events.

COOKIES
A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. One of the ways Integrien uses cookies is to facilitate future logons by users who have already visited the Integrien web site in the past. You hereby consent to access by Integrien' cookies to your hard drive and to Integrien' use of cookies and associated data. You hereby grant Integrien the right to use the data associated with cookies in any manner.

LINKS TO THIRD-PARTY SITES
This Site may contain links to web sites operated by parties other than Integrien. Such links are provided for your convenience and reference only. The linked sites are not under the control of Integrien, and Integrien is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by Integrien.

EXPORT
You agree that you will not directly or indirectly, export, re-export, or knowingly permit the export or re-export of this Site or the Associated Materials to any country to which the United States has embargoed goods, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial orders, or to any country for which the United States Export Administration Act, or any similar United States law or regulation, requires an export license or other U.S. Government approval, unless both (i) the appropriate export license or approval has first been obtained and (ii) you have obtained the prior written permission of Integrien. By accessing this Site, you agree to abide by this Export provision.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you agree that you will not use this Site, the Associated Materials or information contained herein for any purpose that is unlawful or prohibited by these Terms of Use.

INDEMNIFICATION
You shall indemnify, defend and hold harmless Integrien, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to (i) your use of this Site or the Associated Materials and (ii) any breach or non-compliance by you of these Terms of Use. Integrien shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Integrien.

DISCLAIMER OF WARRANTY
THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED "AS IS." WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Integrien AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE. Integrien AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Integrien MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE.

LIMITATION OF LIABILITY
Integrien SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH INTEGRIEN OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS SITE OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF INTEGRIEN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL INTEGRIEN'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THIRD PARTY RIGHTS
These Terms of Use are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.

NO PARTNER RELATIONSHIP CREATED BY YOUR USE
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Integrien as a result of your use of this Site.

NO WAIVER
The failure of Integrien to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

SEVERABILITY
If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

GOVERNING LAW
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THE PARTIES AGREE THAT THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT. THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN ORANGE COUNTY, CALIFORNIA. INTEGRIEN MAKES NO REPRESENTATION THAT THE MATERIALS ON THIS WEB SITE CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THIS WEB SITE FROM A LOCATION OUTSIDE CALIFORNIA, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS.

JURISDICTION; VENUE
YOU HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN ORANGE COUNTY, CALIFORNIA, U.S.A. AND YOU CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THESE COURTS FOR ANY DISPUTE OR CLAIM ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH THESE TERMS OF USE, AND ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION THE INTERPRETATION, MAKING, PERFORMANCE, BREACH OR TERMINATION THEREOF.

GENERAL
These Terms of Use constitute the entire agreement between us and supersedes any other communications or advertising with respect to the Site. The person agreeing to these Terms of Use represents and warrants that such person is authorized to bind and does so bind his or her principal or employer and has adequate legal capacity to enter these Terms of Use. You may not assign these Terms of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Integrien. Subject to the foregoing sentence, these Terms of Use shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.