Projects@Work User Agreement

USER AGREEMENT

IMPORTANT: READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PROJECTS@WORK.COM, INC. ("PROJECTS@WORK") REGARDING THE PROJECTS@WORK WEB SITE (THE "WEB SITE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE WEB SITE. BY REGISTERING AS A USER OF PROJECTS@WORK.COM, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. YOU ARE PERMITTED TO USE, REPRODUCE AND DISPLAY MATERIALS ON THE WEB SITE AS SET FORTH BELOW ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS USER AGREEMENT (THE "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING REGISTRATION. IF YOU CLICK THE "YES" BUTTON YOU INDICATE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK THE "NO" BUTTON TO EXIT REGISTRATION, AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

USE OF MATERIALS

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, templates and services ("Materials"), are provided either by Projects@Work and/or by its respective third party sponsors, manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Projects@Work and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Projects@Work and/or the appropriate Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Projects@Work's prior written consent.

Except as expressly provided otherwise by Projects@Work, nothing on this Web Site shall be construed to confer any license to any of Projects@Work's or any Third Party Provider's intellectual property rights, whether by estoppel, implication or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified or authenticated in whole or in part by Projects@Work. Projects@Work does not provide, sell, license or lease any of the Materials other than those specifically identified as being provided by Projects@Work.

Projects@Work hereby grants you permission to use, reproduce and display Projects@Work's Materials on this Web Site provided that (1) the copyright notice identified in the following paragraph appears on the Materials and reproduced portions of the Materials in footnote or other form; (2) the use, reproduction and display of such Materials is solely for your own informational use and will not be distributed, provided or displayed to third parties other than Projects@Work users, posted on any networked computer or publicly broadcast in any media; (3) such use, reproduction and display is only in accordance with the documentation, instructions and other restrictions regarding the Materials; and (4) the Materials are not in any way commercially sold, transferred or reproduced. This permission terminates automatically without notice immediately upon breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you must immediately destroy any downloaded or printed Materials.

Copyright (c) 1999-2007 Projects@Work, Inc. Reproduced by permission of Projects@Work, Inc. The following uses of the reproduced materials are prohibited: (1) use, reproduction and display other than to Projects@Work registered users, (2) posting on any networked computer or public broadcast in any media, (3) use, reproduction or display other than in accordance with the Projects@Work user agreement and (4) commercial sale, transfer or reproduction.

In the event you download software from this Web Site, the software, including any files, images incorporated or generated by the software and data accompanying the software (collectively, the "Software") are licensed to you by Projects@Work and/or its Third Party Providers. Projects@Work and/or its Third Party Providers do not transfer title to the Software to you. You own the medium on which the Software is recorded, but Projects@Work and/or its Third Party Providers retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Any unauthorized use of any Materials contained in this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

This Web Site may contain links to web sites controlled by parties other than Projects@Work. Projects@Work is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. Projects@Work is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Projects@Work of the linked web site, notwithstanding the inclusion on such site of the trademarks of Projects@Work and/or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use is sufficient for your purposes and is free of viruses or other items of a destructive nature.

FORUMS AND PUBLIC COMMUNICATION

"Forums" means a chat area, bulletin board or e-mail function offered as part of Projects@Work. You shall not upload to, distribute through or otherwise publish through Projects@Work any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law.

The Forums shall be used only in a noncommercial manner. You shall not, without the express written consent of Projects@Work, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services.

Projects@Work shall have the right, but not the obligation, to monitor the contents of the Forums to determine compliance with this Agreement and any operating rules of Projects@Work to satisfy any law, regulation or authorized government request. Projects@Work shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted on Projects@Work. Without limiting the foregoing, Projects@Work shall have the right to remove any material that Projects@Work, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Any opinions, advice, statements, services, offers or other information or content expressed in Forums are those of the respective author(s) and not of Projects@Work. Projects@Work does not endorse, guarantee the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for a particular purpose. Under no circumstance shall Projects@Work be liable for any loss or damage caused by any information obtained through or posted on Projects@Work. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Projects@Work.

By uploading materials to any Forum or submitting materials to Projects@Work, you automatically grant (or warrant that the owner of such rights has expressly granted) Projects@Work, whether in your name or not, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, transfer and distribute such materials or incorporate such materials in any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that so-called "moral rights" in those materials have been waived.

ADDITIONAL BENEFITS OF MEMBERSHIP

By registering for membership on Projects@Work in the United States, you are also requesting a free subscription to Projects@Work magazine. This subscription includes all issues published, including advertising supplements. You may cancel your free subscription at any time by updating your user profile on Projects@Work to indicate that you do not wish to receive Projects@Work magazine. Projects@Work reserves the right to cancel this subscription at any time or to require a subscription fee for the continued receipt of Projects@Work magazine.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. YOU EXPRESSLY AGREE THAT YOUR USE OF PROJECTS@WORK IS AT YOUR SOLE RISK. NEITHER PROJECTS@WORK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS or LICENSORS WARRANT THAT PROJECTS@WORK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PROJECTS@WORK OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH PROJECTS@WORK.
B. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OR CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROJECTS@WORK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES, INCLUDING THEIR BREACH OF THIS USER AGREEMENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL PROJECTS@WORK OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PROJECTS@WORK, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PROJECTS@WORK. PROJECTS@WORK OR ITS AFFILIATES OR THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PROJECTS@WORK.

JURISDICTIONAL ISSUES

This Site is controlled and operated by Projects@Work from its offices within the Commonwealth of Virginia, United States of America. Projects@Work makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical/biological weapons or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria and the Sudan. This list is subject to change without further notice from Projects@Work, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

PRIVACY

Projects@Work respects your privacy. Please read our Privacy Policy at http://www.projectsatwork.com/Privacy-Policy/ , which terms are incorporated herein by reference. By agreeing to this User Agreement, you are agreeing that your Personal Information may be used and disclosed as set forth in the Privacy Policy and consenting to the receipt of materials from Projects@Work and/or its Third Party Providers as set forth in the policy. Alphonse.Valbrune@headstrong.com.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to Alphonse Valbrune, Projects@Work, Inc., 4035 Ridge Top Rd. Suite 300, Fairfax, VA, 22030; (703) 272-6637; email

GENERAL

This Web Site may include inaccuracies or typographical errors. Projects@Work and/or its Third Party Providers may make improvements and/or changes in the Materials and Services offered in this Web Site at any time without notice. Projects@Work may periodically make changes to the Web Site. The terms of this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfax County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting or additional communications, including but not limited to statements on the Web Site. Projects@Work has the right to revise this Agreement at any time without notice by updating the Agreement posted to the Web Site. Any rights not expressly granted herein are reserved by Projects@Work.

COPYRIGHT AND TRADEMARK INFORMATION

All contents of this Web Site are Copyright (c) 1999-2007 Projects@Work, Inc. All Rights Reserved. The Projects@Work logo is a trademark and service mark of Projects@Work, Inc. All other trademarks, service marks and logos used in this Web Site are the property of their respective owners.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact Projects@Work, Inc. Customer Support at (800) 895-2535 or Projects@Work, Inc., 4035 Ridge Top Rd. Suite 300 Fairfax, VA, 22030

last updated: 8/18/2005