eon.businesswire.com Terms of Use

Effective as of September 12, 2008

By using the eon.businesswire.com Web site ("EON Site"), users agree to be bound by the following terms of use.

A. Limitations on Scope of Use

Use of the EON Site is limited to submission of news releases for distribution via the EON site, registration for and use of offered products and services, retrieving RSS feeds, and the reading of releases and marketing materials.

You agree not to use the EON Site for any other purposes, including, without limitation, to store, aggregate, reproduce or distribute information available on the EON Site in any manner or to compete directly or indirectly with Business Wire; to interfere with or disrupt the operation of EON Site or the networks or servers connected to the EON Site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm Business Wire or any other person or entity; or to engage in commercial activities of any kind without prior consent of Business Wire.

All submissions to the eon.businesswire.com site are governed by the terms and conditions ("Terms & Conditions") agreed by you or an agent of your company. By submitting a press release for dissemination through this EON Site, you agree to be bound by those Terms & Conditions and these Terms of Use. A copy of the Terms & Conditions can be viewed at eon.businesswire.com/portal/site/eon/terms-and-conditions.

Any unauthorized use of this EON Site or the Terms & Conditions may result in termination of all rights to use the EON Site and penalties to the full extent provided by law.

B. Disclaimer of Warranties

You agree that use of the EON Site is entirely at your own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE EON SITE AND THE MATERIALS ON THE EON SITE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Business Wire does not make any representations or warranties that the EON Site or materials on the EON Site or products and services purchased at or through the EON Site will meet your requirements or expectations, or that the operation of the EON Site will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

C. Limitation of Liability

You agree that Business Wire will not be held liable for any improper or incorrect use of the EON Site or the materials on the EON Site and assumes no responsibility for any user's activities on the EON Site or for the inaccuracy of any content on the EON Site. In no event will Business Wire be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the EON Site or the materials on the EON Site or the inaccuracy of any content on the EON Site, however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the EON Site or materials on the EON Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.

D. Disclaimer of Liability for Third Party Content and Links

You agree that Business Wire is not responsible and will not be held liable for any third party content on the EON Site or any third-party content, products or services available on other Web sites accessed through links from the EON Site. Links to third-party sites are for your convenience only, and their inclusion on the EON Site does not imply any endorsement, guarantee, warranty or representation by Business Wire.

E. Proprietary Rights

The EON Site and all materials on the EON Site, including, without limitation, "EON", "Business Wire", and all other trademarks and logos on the EON Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted under the Terms of Use, the Terms & Condition for submission of a release or by express written consent of Business Wire, you may not use the EON Site or the material on the EON Site in any manner.

F. Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the United States and the State of California. Any dispute arising under or related in any way to these Terms & Conditions shall be adjudicated in a court of competent jurisdiction in the County of San Francisco, California.

G. Rights Reserved / Change in Terms

Any rights not expressly granted herein are reserved. Business Wire reserves the right to make changes to these Terms of Use at any time and for any reason by posting a notice on the EON Site home page. All such changes will become effective 10 days after posting of such notice. Your continued use of the EON Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.