Terms and Conditions

These legal terms and conditions govern your access to the website owned by WebGen Systems, Inc. ("WebGen") and located at www.webgensystems.com ("Site"), and your use of any content and services on the Site. Having such access to and use of the Site (including the content of such Site) through WebGen is collectively referred to as the "Service(s)."

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE OR OTHERWISE ACCESS THE SITE.

If you have any questions or comments, please contact us at info@webgensystems.com .

Your Acceptance of the Terms and Conditions

The terms and conditions ("Terms and Conditions") hereunder is a legal agreement between you, as a visitor to the Site, and WebGen. Any information provided by you is also subject to WebGen's Privacy Policy, which is incorporated by reference into the Terms and Conditions. By using the Services, you acknowledge and agree that you have read and agree to the terms in WebGen's Privacy Policy . Additional terms and conditions of use may also be posted directly on other areas of the Site, and together with the Terms and Conditions, as amended from time to time, are collectively referred to as the "Agreement." WebGen reserves the right to modify any or all of this Agreement at any time, and such change will be effective immediately upon it being published on the Site. You agree to be bound by the terms and conditions of this Agreement, and any modifications thereof, as long as you continue to access and use the Services.

Your Privacy

Any information you provide through the Site is subject to our Privacy Policy, which is incorporated into this Agreement. Please take the time to read and understand your privacy rights at Privacy Policy .

Site Content

You acknowledge that the Service contains "Site Content," which collectively refers to any of the following owned by WebGen or certain third parties as specified hereunder: any text, graphics, images, information, software, audio and video clips, links and other material, including but not limited to proprietary and confidential information, copyrights, patents and trademarks, including the Marks (as defined below). Any Site Content owned by WebGen is referred to herein as "WebGen's Site Material." Site Content also includes "Third Party Site Material" and "User Information," both as defined below.

Rights to the Site Content

All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, is owned by WebGen or its licensors or affiliates, whether or not such rights are expressly identified in, or in connection with, such Site Content.

WebGen authorizes you to view and download a single copy of the Site Content for your personal use. You agree to retain all copyright and other proprietary notices contained in the original Site Content on any copy you make of such material. No other license to use any of the Site Content is given or implied without the respective owner's prior written consent.

The names, marks, logos and any related graphics and/or text appearing on the Site Content ("Marks") are trademarks owned WebGen or its licensor or affiliate, and protected under all applicable laws. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by WebGen or the respective owner, in any manner that is likely to cause confusion among the public about WebGen and its business (or the respective owner and its business), or in any manner that disparages or discredits WebGen (or the respective owner and its business).

Unless otherwise specified hereunder, you may not sell, rent, modify, reproduce, display, distribute, or otherwise use the Site Content, in whole or in part, in any way without the respective owner's prior written consent.

User Rules and User Information

As a user of the Service, you agree to carefully read and abide by the terms and conditions hereunder, including any user rules of conduct as specified below. You must be over 18 to access and use the Site and Services. If you are over 18, you agree to take full and active responsibility to prevent the use of our Site and Services by any children under 18 you may be responsible for as a parent or legal guardian. If you are under 18, you may not access and use the Site and Services without your parent's or legal guardian's supervision.

By posting messages, uploading files, inputting data or information, or engaging in any other form of communication via the Site or to produce any information for the Site (collectively referred to as "User Information"), you give WebGen permission to use such User Information through the Service in any way, unless otherwise specified in the Agreement. All User Information is governed by WebGen's Privacy Policy . Unless otherwise specified, you waive all rights to any claim against WebGen or its affiliates for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Information.

You acknowledge and agree that transmissions and communications to and from the Site, including transmission of any User Information, are not confidential, and may be read or intercepted by others.

You agree that you will not use the Site to post, transmit or distribute, or cause to be posted, transmitted or distributed, any material which (1) violates any local, state, national or international laws; (2) violates the proprietary rights, rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening or abusive; or (6) is a chain letter or part of a pyramid scheme.

International Users

Given the global nature of the Internet, you agree to comply with all local rules (from where you physically reside) regarding conduct and content via the Internet. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you physically reside.

WebGen's Management of Site Content

WebGen reserves the right, in its sole discretion, to establish practices regarding a visitor's use of the Service and storage of any Site Content posted on the Site. WebGen has no responsibility or liability for the deletion or failure to store any Site Content and any other communications maintained or transmitted through the Service.

You also understand that WebGen may not necessarily prescreen or monitor any Site Content, but reserves the right, in its sole discretion, to refuse or remove any such content available via the Service for any reason and with no explanation.

WebGen may preserve, disclose or review any Site Content if required to do so by law or in good faith belief that such action is reasonably necessary to comply with any legal process, enforce this Agreement, respond to any claim regarding the violation of any third parties, or protect the rights, property or personal safety of WebGen, its affiliates, or any visitors on the Site.

No Endorsement of Third Party Site Material

\WebGen's Site Content may include information, products or services provided by third parties on, linked to, or framed within, the Site ("Third Party Site Material"). Third Party Site Material are the opinions and creations of the authors and/or owners identified in those materials. As such, WebGen does not assume any responsibility or liability for any Third Party Site Material. WebGen’s publication of Third Party Site Material does not constitute WebGen’s endorsement, warranty or guarantee of any information, instruction, opinion, products or services contained within the Third Party Site Material.

You will yourself evaluate the validity of all portions of the Site Content, including without limitation the Third Party Site Material, WebGen's Site Material, and User Information, and bear all risks associated with the use of any such content, including without limitation, the accuracy, completeness, reliability or usefulness thereof. Under no circumstances will WebGen be responsible for any loss or damage resulting from any reliance you place or any third party places on such information posted through the Service or transmitted by any visitor on the Site.

No Endorsement of Links

WebGen’s Service or its business and advertising partners may provide links to other websites, resources or sponsors. Because WebGen has no control over such websites, resources and sponsors, you understand and agree that WebGen is not responsible for the availability of such websites, resources and sponsors, and does not endorse and is not responsible or liable for any content, products or services (including anything that could be offensive, inappropriate, inaccurate, false, misleading or in violation of applicable laws) available through such websites, resources and sponsors. You also agree that WebGen is not responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, products or services.

Your Communications with Business and Advertising Partners

Your correspondence with, participation in promotions by, and purchase of any products or services from any of WebGen’s business or advertising partners through the Service are communications or transactions, as the case may be, solely between you and such third parties ("Third Party Dealings"). These Third Party Dealings include without limitation your obligations of and agreement to any terms, conditions, warranties or representations associated with such third parties. You agree that WebGen will not be responsible or liable for any loss or damage of any type incurred as the result of any Third Party Dealings, or as the result of the presence of such third parties on the Service.

Indemnification

You agree to indemnify, defend and hold harmless WebGen and all of its officers, directors, agents, employees, contractors, information and service providers, licensors, licensees and affiliates ("Indemnified Parties") from any claim or demand, including reasonable attorney’s fees and related costs, due to or arising from your posting of User Information through the Service, your use of the Service, your use of the Site Content, your conduct through the Service, your communications to third parties through the Service, your violation of this Agreement, and your violation of any other rights related to the Service.

Termination of or Change in Service

WebGen may immediately, at any time and in its sole discretion, (1) delete your password, user ID and account (if applicable), (2) terminate or limit your use of or access to the Service, or any part thereof, or (3) remove and discard any Site Content within the Service, for any reason, including without limitation, your lack of use, your breach of any terms and conditions hereunder, or if WebGen believes you violated or acted inconsistently with the letter or spirit of this Agreement. WebGen may change, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that WebGen will not be liable in any way to you or any third party for any actions of WebGen as described herein or otherwise.

Disclaimer of Warranties

YOUR ACCESS TO THE SITE AND USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS AT YOUR SOLE RISK, AND SUCH SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WEBGEN AND ITS SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WEBGEN AND ITS SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (1) WITH RESPECT TO THE CONTENT ON THE SITE, (2) WITH RESPECT TO ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE OR LINKED WEBSITES, (3) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, (4) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (5) THAT ANY INFORMATION OR RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE, (6) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT OR ANY OTHER INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (7) THAT ANY ERRORS OR DEFECTS IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, WILL BE CORRECTED, AND (8) THAT THE SITE AND RELATED SYSTEM AND SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS OR FOR ANY OTHER REASON RELATING TO USE OF THE SERVICES, AND FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SITE AND SERVICES.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBGEN OR THROUGH USE OF ITS SERVICES SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT.

Limitation of Liability

WEBGEN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, USE OF THE SERVICE OR CONTENT, ACCESS TO THE SITE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WEBGEN WAS ADVISED OF SUCH POSSIBILITY, OR IF SUCH LOSS WAS FORESEEABLE IN ANY WAY, IF RELATED TO: (1) ACCESS OF THE SITE, (2) USE OF THE SERVICE, (3) COST OF SUBSTITUTE GOODS AND SERVICES (INCLUDING PROCUREMENT) RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR VIA THE SERVICES, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) THIRD PARTY STATEMENTS OR CONDUCT ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT, SPEECH OR COMMUNICATION, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, OR (7) ANY OTHER MATTER RELATED TO THIS AGREEMENT.

Miscellaneous Terms

This Agreement constitutes the entire agreement between you and WebGen, and supersedes any prior agreements between you and WebGen. You may also be subject to additional terms and conditions which may apply when you use (a) the services and products of WebGen’s business and advertising partners and any other affiliates, and (b) any third party content, software or other proprietary information. If any provision under this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. WebGen’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. WebGen may assign its rights and obligations under this Agreement at any time and without notice to you.

One Year Limit

You agree that regardless of any contrary statue or law, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Notices

Notices to you may be sent by WebGen via email or regular mail. WebGen may also provide notices of changes to this Agreement or other matters related to the Service by displaying notices or links to notices to you generally through the Service.

Survival of Certain Provisions

The termination of this Agreement for any reason will not terminate the obligations or liabilities of the parties under the terms and conditions of this Agreement regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of this Agreement.

Governing Law

This Agreement is governed, and construed and enforced in accordance with the laws of New York, without giving effect to the principles of conflicts of law thereof. Except for WebGen’s claim for injunctive relief in any court having jurisdiction, you and WebGen agree to submit to the personal and exclusive jurisdiction of the New York courts. By accessing the Site and using the Service, you waive any defense of an inconvenient forum and any right of jurisdiction on account of the place of residence or domicile.

Location

This Site originates from Cambridge, Massachusetts. Therefore, we make no representations that the information on our Site is appropriate or available for use in any location other than Massachusetts, including any location outside of the United States. Access to the Site from other territories is strictly prohibited if such access is illegal in such jurisdiction. You agree that your decision to access our Site is done solely on your own initiative, and that you are solely responsible for complying with any applicable laws regarding such access.