General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Acularo’s prior written consent, except that Acularo grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on you not modifying the content displayed on this site, you keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Acularo does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

Certain disclaimers

Information on this Web site may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This site may contain technical inaccuracies or typographical errors. Acularo assumes no responsibility (and expressly disclaims responsibility for online backups) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any solutions, services, products, or other matters described in this site.

Acularo provides no assurances that any reported problems will be resolved by Acularo, even if Acularo elects to provide information with the goal of addressing a problem.

Confidential information

Acularo does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Acularo will be deemed NOT to be confidential. By sending Acularo any information or material, you grant Acularo an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information.

Global availability

Information Acularo publishes on the World Wide Web may contain references or cross references to Acularo products, programs and services that are not announced or available in your country. Such references do not imply that Acularo intends to announce or make available such products, programs, or services in your country. Please consult Acularo for information regarding the solutions, products and services that may be available to you.

Business relationships

This Web site may provide links or references to non-Acularo Web sites and resources. Acularo makes no representations, warranties, or other commitments whatsoever about any non-Acularo Web sites or third-party resources that may be referenced, accessible from, or linked to any Acularo site. A link to a non-Acularo Web site does not mean that Acularo endorses the content or use of such Web site or its owner. In addition, Acularo is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Acularo site. Accordingly, you acknowledge and agree that Acularo is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Acularo Web site, even one that may contain the ThoughtWeb or Acularo logo, please understand that it is independent from Acularo, and that Acularo does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojans, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this Web site must be approved in writing by Acularo, except that Acularo consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Acularo; (c) imply that Acularo approves or endorses you, your Web site, or your service or product offerings; and (d) present false, misleading or deceptive impressions about Acularo or otherwise damage the goodwill associated with the Acularo name or trademarks. As a further condition to being permitted to link to this site, you agree that Acularo may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Acularo trademark.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Acularo makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

Compliance and user

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations (including common law) applicable to your use of the Web site.

Without limiting the above obligation to comply with applicable laws, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site, including, but not limited to, by uploading or transmitting through the Web site any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Web site or any computer.

Disclaimer of warranty

Use of this site is at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees whatsoever. Acularo expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Acularo makes no warranty or guarantee that this Web site will be uninterrupted, timely, secure, virus-free or error-free.

You agree that in using the Web site you have not relied on any statement or representation made by Acularo not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or online backup services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you. In this case, to the extent legally permitted, Acularo limits its liability for breach of any such warranties, conditions or representations to resupply of the affected goods or services or payment of the cost of resupply of the affected goods or services, at Acularo’s discretion.

Limitation of liability

To the extent legally permitted, in no event will Acularo be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Web site or any use of this Web site, or of any site or resource linked to, referenced or accessed through this Web site, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Acularo is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.

To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Acularo’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify Acularo and its officers, directors, agents, contractors and employees, from and against any claims, demands, proceedings, losses and damages (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of your breach of these Terms, any terms and policies it incorporates by reference, the rights of another party or any applicable law, statute, ordinance or regulation.

Other terms

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.