Legal

1. Use License.

Alchemy Systems, LP and its affiliates may grant you permission to view this web site and to print individual pages from this web site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use, the Alchemy Systems Web Site Privacy Policy and the Safe Harbor Privacy Policy. You may not modify, copy (except as otherwise noted herein), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any products or services from this web site.

Your use of this web site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this web site, you represent and warrant to Alchemy Systems that you will not use this web site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this web site.

2. Copyrights.

This web site and its contents are the copyrighted property of Alchemy Systems. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on the web site, without the prior written permission of the copyright owner. Alchemy Systems aggressively enforces its intellectual property rights to the fullest extent of the law.

3. Trademarks.

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this web site are the registered Trademarks of Alchemy Systems and others. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the web site, without the prior written permission of the Trademark owner. The name of Alchemy Systems, the Alchemy Systems logo or the other Alchemy Systems formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission from Alchemy Systems. Alchemy Systems prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by an authorized representative of Alchemy Systems in writing. Fair use of Alchemy Systems’ Trademarks requires proper acknowledgment. Other product and company names mentioned in this web site may be the Trademarks of their respective owners.

4. Links to Third Party Sites.

Alchemy Systems does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to the Alchemy Systems web site. Access or connection to these linked web sites is at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-Alchemy Systems web sites are not investigated, verified, monitored or endorsed by Alchemy Systems, and Alchemy Systems disclaims any warranty, express or implied, with respect to the contents of such web sites.

5. Disclaimer.

Your use and browsing in the web site are at your own risk. Everything on this web site is provided “as is” without warranty of any kind, express or implied. Alchemy Systems specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Alchemy Systems shall have no liability or responsibility for any errors or omissions in the content of this site, for your action or inaction in connection with this site or for any damage to your computer or data or any other damage you may incur in connection with this site. Your use of this web site is at your own risk. In no event shall Alchemy Systems, its affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site, the contents in this web site, the delay or inability to use this site or otherwise arising in connection with this web site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Alchemy Systems also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from the web site.

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

6. Indemnification.

You agree to indemnify and hold Alchemy Systems, its affiliates and/or agents harmless from, and you covenant not to sue alchemy systems, its affiliates and/or agents for, any claims that may be asserted, arising out of, relating to, or based on use of this web site or any content on or made accessible by this web site.

7. Submissions.

Any communication or material you transmit to the web site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like (collectively, “Submissions”) is, and will be treated as, non-confidential and nonproprietary. You grant to Alchemy Systems an unrestricted, transferable and sub-licensable, fully-paid, royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify (including to make and freely use derivative works thereto), publish, make derivative works of, translate, distribute (including through multiple tiers), perform and display such Submissions alone or as part of other works in any form, media, or technology, whether now known or hereafter developed. You hereby disclaim any right to any compensation from Alchemy Systems in connection with Alchemy Systems’ exercise of its license rights in and to the Submissions. Through your usage of this web site, you may submit and/or Alchemy Systems may gather certain limited information about you and your web site usage. Alchemy Systems is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.

8. Copyright Abuse & Notice

Alchemy Systems will remove Submissions that violate copyright law. Alchemy Systems may also suspend access to all or a part of the web site to any user who uses the web site in violation of copyright law. Pursuant to federal law, Alchemy Systems has implemented procedures for receiving written notification of claimed copyright infringement. If you believe your work has been used in a way that constitutes copyright infringement, then you must send Alchemy Systems’ designated copyright agent written notification of claimed infringement in compliance with the Digital Millennium Copyright Act (“DMCA”), 17 USC Section 512 et seq. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a work or material is infringing your copyrights. If you are not sure whether material available online infringes your copyright, Alchemy Systems suggests that you first contact an attorney prior to sending us a takedown notice.

To provide adequate notice under this provision:

A. Provide Alchemy Systems with the information set forth below in a written communication via fax or regular mail. Do not provide written notice via electronic mail unless you receive prior, written authorization from us. All information must be provided in sufficient detail to allow us to properly investigate your claim.

(i)     Identify the copyrighted work you belief has been infringed.
(ii)    Identify the material you claim is infringing upon your copyright.
(iii)    Provide information reasonably sufficient for us to contact you, including your name, address, phone number and e-mail, if possible.
(iv)    Provide information, if possible, sufficient to enable us to notify the person or entity who is infringing on your copyrights, including name, address, phone number and e-mail, if possible.

B. Include the following statement in your written notice: “I have a good faith belief that use of the copyrighted materials described herein as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

C. Include the following statement in your written notice: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

D. Sign the written notice.

E. Send the written communication to Alchemy Systems’ designated agent, identified below, at the following address:

Alchemy Systems, LP, ATTN: Chief Financial Officer
5301 Riata Park Court, Building F
Austin, TX 78727

OR fax to:

(512) 637-5168 ATTN: Alchemy Systems Accounting Department, DMCA     Complaints

If your content has been removed under this section and you believe it was done in error or bad faith, you may provide Alchemy Systems’ designated agent, identified above, with counter notice, so long as it meets all of the requirements set forth in 17 U.S.C. § 512(g)(3).

9. Products and Services Availability.

This web site can be accessed from countries around the world and may contain references to Alchemy Systems services, programs, and products that have not been announced or are not available in such country. These references do not imply that Alchemy Systems intends to announce or make available such services, programs, or products in such country.

10. Export.

The export and re-export of certain web site content may be controlled by the United States Export Administration Regulations and such content may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, such content may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading or using any such content you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

11. U.S. Government Restricted Rights.

Any software which is downloaded from this web site for or on behalf of the United States of America, its agencies and/or instrumentalities, 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 Alchemy Systems Corporation, Inc. and its affiliates, 3905 Brookside Parkway, Alpharetta, GA 30022 USA.

12. General.

This web site resides on a server in Austin, TX, USA. You agree that these Terms of Use and your use of this web site are governed by the laws of the State of Texas, USA, without regards to its rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Austin, Texas, USA in all disputes (a) arising out of, relating to, or concerning this web site and/or these Terms of Use, (b) in which this web site and/or these Terms of Use are an issue or a material fact, or (c) in which this web site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this web site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Alchemy Systems has endeavored to comply with all legal requirements known to it in creating and maintaining this web site, but makes no representation that contents on this web site are appropriate or available for use in any particular jurisdiction. Use of this web site is unauthorized in any jurisdiction where all or any portion of this web site may violate any legal requirements and you agree not to access this web site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, 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 govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this web site and/or these Terms of Use shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Austin, Texas, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

13. Changes.

You agree that Alchemy Systems may at any time and without notice change these Terms of Use, as well as the content of the web site.

14. Relationship.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Alchemy Systems solely as a result of your use of this web site.

15. Entire Agreement.

These Terms of Use, the Alchemy Systems Web Site Privacy Policy, and the Safe Harbor Privacy Policy constitute the entire agreement between you and Alchemy Systems with respect to this web site. Such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Alchemy Systems with respect to this web site. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by Alchemy Systems in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Alchemy Systems in printed form.

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