Acceptance of Terms

Javelin Tools Incorporated ("Javelin Tools") makes this Web Site and other Sites of the javelintools.com and javelinfeedback.com domains (collectively the "Sites"), including all information, documents, communications, files, text, graphics, software, and products available through the Sites (collectively, the "Materials") and all services operated by Javelin Tools through the Sites (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Javelin Tools may publish from time to time (collectively, the "Terms of Use"). The most current version of this document can always be accessed by clicking on the hyperlink titled "Terms of Use" on any web page on all Javelin Tools web properties. You should visit this page periodically to review the then-current Terms of Use. By accessing or using these Sites in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Sites, you agree to and are bound by the Terms of Use. Your use of the Sites will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Sites at the time of such use. If you breach any of the Terms of Use, your authorization to use these Sites automatically terminates, and any Materials downloaded or printed from the Sites in violation of the Terms of Use must be immediately destroyed. Please note that Javelin Tools may, at its sole discretion, terminate your access to these web Sites at any time without notice.

Limited Right to Use

This web Site is owned and operated by Javelin Tools. Unless otherwise specified, all Materials on this web Site are the property of Javelin Tools and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by Javelin Tools on this web Site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Javelin Tools. The use of any such Materials on any other web Site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Javelin Tools offers a variety of Services through various web properties of the javelintools.com and javelinfeedback.com domains. When using such Services that are currently available or may be made available in the future, you shall, in addition to these Terms of Use, be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use.

Use of Software

All software and documentation that is made available to download from this Site is the copyrighted and/or patented work of Javelin Tools and/or its Third Party partners. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the software, use of the software will be governed by this Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of Third Party Materials

In addition to the Materials and Services offered by Javelin Tools, this Site may from time to time make available service offerings, software, materials, and information provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate license agreements that accompany such services. Javelin Tools offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Javelin Tools. You agree that you will not hold Javelin Tools responsible or liable with respect to the Third Party Services or seek to do so.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Javelin Tools ("Feedback") will be deemed, at the time of communiation to Javelin Tools, the property of Javelin Tools, and Javelin Tools shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web Site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Access to Password Protected Area

Access to and use of password protected or secured areas of this web Site is restricted to authorized users only. You agrre to provide accurate current and information on all registration forms on this web Site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web Site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web Site. Furthermore, your access and use of the secured areas of this web Site will be governed by additional Special Terms of Use and you are strongly advised to review such terms prior to accessing or using those secured areas. If you violate your obligations under this section, you may be subject to prosecution.

License to Javelin Tools for User Content

Javelin Tools provides certain Services through this Site that require storing and displaying content contributed by users. Such services include discussion forums, comments to Javelin Tools through the links titled "Feedback", "Webmaster" or any such hyperlinks that may be added in the future, bug reports, piracy reports, or product suggestions. Javelin Tools reserves the right to use such information for any purpose at its discretion without any compensation to you. When using such information, Javelin Tools agrees not to release your name or any such identifying information unless without prior permission from you. This provision does not apply to the discussion forum service on the web site where identifying information may be published, subject to the seperate terms of use associated with that service. Javelin Tools will comply with any court order in disclosing the identity of any person posting communications on this web site.

User Forums

In addition to these Terms of Use, users of Javelin Tools's user forums, chat rooms, or any service that involves any communications to any of the user community services provided by Javelin Tools, must agree to a separate legal agreement that will be provided within the registration area of each such service.

User Conduct

In using the Site, including all Services and Materials available through it, user agrees not to undertake any of the following activities:
Create a false identity;
Use or attempt to use another user's account, password, service, or system without authorization from Javelin Tools;
Upload, post, provide links to, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
Access or attempt to access any password protected areas which you are not authorized to access;
Disrupt or interfere with the security of, or otherwise cause harm to, the Site, Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked Site.
MONITORING COMMUNICATIONS AND MANAGING CONTENT

Although it is not obligated to do so, Javelin Tools reserves the right to review your communications on this web site to determine whether you comply with our Terms of Use. If Javelin Tools has cause to believe that you have violated the Terms of Use, Javelin Tools, at its sole discretion, reserves the right to delete or remove your Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site without prior notice or liability.

Use and Protection of Account Number and Password

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

Trademarks

The trademarks, service marks and logos of Javelin Tools and others used in this web site ("Trademarks") are the property of Javelin Tools and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Javelin Tools or the respective owner.

Indemnity

You agree to indemnify, defend and hold Javelin Tools harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

Disclaimer

Javelin Tools assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Javelin Tools is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Export Restrictions

The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to this web site which prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You agree to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation.

International Users

This Site can be accessed from countries around the world and may contain references to Javelin Tools products, services, and programs that are not available in your country. These references do not imply that Javelin Tools intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by Javelin Tools from its offices within the United States of America. Javelin Tools makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Applicable Laws

All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this web site shall be in Santa Clara County, California if in state court and in the Northern District of California if in Federal Court.

Miscellaneous

Please contact us if you have any questions regarding the terms of use.