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We welcome you to our web site and hope that you find it a useful and enjoyable resource. In the spirit of full and open dialogue, we want to make sure we are explicit about the conditions under which this resource is offered for your use.

General

All pages served under the domains "advantageware.com", "advantagewareny.com",  "VBAdvantage.com", "PrivacyExplorer.com", "e-securus.com", and "The21thSentry"  are considered part of the Advantageware web site offerings. All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Advantageware, Inc.. You may not alter or remove any trademark, copyright or other notice from copies of the content. 

However, you may download material from Advantageware's web site (one machine readable copy and one print copy per page) for your personal, noncommercial use only. 

Although the information presented on this site is accurate to the best knowledge of Advantageware, Inc. and is presented in good faith, this information is presented without any warranty or guarantee. Advantageware reserves the right to make any and all changes to this Web site at its sole discretion without notice to the User. Advantageware reserves the right to deny access to this Web site to anyone at anytime.

"Advantageware", "VB Advantage", "MegaMorph", "PrivacyExplorer", "PrivacyRiskRater", "e-securus" and the Advantageware logo are registered trademarks of Advantageware, Inc. Any other brands or products mentioned on this site or linked sites may be trademarks or service marks of their respective owners. 

Advantageware pledges that it will not voluntarily share visitors' personal information with any other company or organization without explicit prior consent. Even so, it is technically possible (though highly unlikely) that such data could be intercepted in transit over the Internet. We cannot, therefore, guarantee the security of transmitted data against intentional efforts to "eavesdrop" on transactions taking place between our server and any visitors.

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement is governed by the laws of the State of New York, U.S.A. User consents to the exclusive jurisdiction and venue of courts in Manhattan County, New York, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Advantageware as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Advantageware and Advantageware shall not be liable for any representation, act, or omission of the User.

Advantageware's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Advantageware's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Advantageware with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Advantageware with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Advantageware with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Use of the Advantageware Web Site’s Communications Facilities (Forums, Software Posting, E-mail, etc.)

 To the extent that this Web site contains communication facilities, the User agrees to use such facilities only to send and receive messages and material that are proper and related to the particular facility. By way of example, and not as a limitation, the User agrees that when using a facility, the User shall not:

 ·        Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·        Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

·        Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.

·        Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

·        Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

·        Falsify the origin or source of software or other material contained in a file that is uploaded.

·        Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters for any commercial purpose.

·        Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Web site.

User agrees to (as available) send and receive electronic mail, engage in conferences, forum or chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Advantageware, and applicable law.

Advantageware reserves the right for any reason to remove without notice any contents of this Web site received from users, including without limitation bulletin board, software, or forum postings. Advantageware reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Advantageware reserves the right to edit any notices or postings for clarity and length.

The User acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by this Web site are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Advantageware, and such communications shall not be considered reviewed, screened, or approved by Advantageware.

Links To Third Parties' Web Sites

Links to other sites found on the Advantageware site are provided as a resource for users. Advantageware does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by Advantageware and/or its suppliers. The accuracy of the information contained on these sites (or others they may link to) is not verified by Advantageware nor are the opinions presented on these sites (or others they may link to) necessarily shared by Advantageware. Although we make a reasonable effort to keep external links current, we cannot extend any guarantee that they will function properly at all times. User assumes sole responsibility for use of third party links and pointers. 

Advantageware Software Available On This Web Site

Any Advantageware Software that is made available to download from this Web site ("Software") is the copyrighted work of Advantageware and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.

For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Advantageware hereby grants to the User a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.

Please note that all Software, including without limitation all code (HTML, JAVA, etc.) and ActiveX controls contained in this Web site, is owned by Advantageware and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ADVANTAGEWARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

RESTRICTED RIGHTS LEGEND. Any Software that is downloaded from this Web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Advantageware, 425 Madison Avenue, Suite 1700, New York, NY 10017-1155.

Indemnity

As a condition of use of this Web site, the User agrees to indemnify Advantageware and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

Modification Of These Terms And Conditions

Advantageware reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.

Any rights not expressly granted herein are reserved.

All materials ©2008 Advantageware, Inc.

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