Personal And Non-Commercial Use Limitation:
Unless otherwise specified, the services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the services.
Collection, Privacy And Protection Of Personal Information:
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you to provide a service or carry out a transaction that you have requested such as receiving information about YHD products and services, entering a contest, ordering e-mail newsletters, joining a limited-access premium site or service, signing up for an event or training, or when purchasing, downloading and/or registering YHD products. The personal information we collect may include your name, title, company or organization name, work e-mail, work phone, work or home address, information about your job function, information about your company, and credit card information. The Site may also collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the site, analyze trends and administer the site.
Use Of Your Personal Information:
The personal information collected on this site will be used to operate the site and to provide the service(s) or carry out the transaction(s) you have requested or authorized.
In support of these uses, YHD may use personal information to provide you with more effective customer service, to improve the site and any related YHD products or services, and to make the site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the site to your particular preference or interests. We may use your personal information to provide you with important information about the product or service that you are using, including critical updates and notifications. We merge site-visitation data with anonymous demographic information for research purposes, and we may use this information in aggregate to provide more relevant content.
YHD occasionally hires other companies to provide limited services on our behalf, such as site hosting, packaging, mailing and delivering prizes, answering customer questions about products and services, and sending information about our products, special offers, and other services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.
YHD may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on YHD or the site; (b) protect and defend the rights or property of YHD and our family of web sites; or (c) act in urgent circumstances to protect the personal safety of YHD employees or agents, users of YHD products or services, or members of the public.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the site, the information you previously provided can be retrieved, so you can easily use the site's features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other Web sites you visit.
Member Account, Password, And Security:
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify YHD SoftWare immediately of any unauthorized use of your account or any other breach of security. YHD SoftWare will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by YHD SoftWare or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful Or Prohibited Use:
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any YHD SoftWare server, or the network(s) connected to any YHD SoftWare server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any YHD SoftWare server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services:
The Services may contain e-mail services, communities, calendars, communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communications"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise, including forwarding humor).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
YHD has no obligation to monitor the Communication Services. However, YHD reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. YHD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. YHD reserves the right at all times to disclose any information as YHD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in YHD's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. YHD does not control or endorse the content, messages or information found in any Communication Services and, therefore, YHD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized YHD spokespersons, and their views do not necessarily reflect those of YHD. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided To YHD Or Posted At Any YHD Web Site:
Notices And Procedure For Making Claims Of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See "Contact Us" at www.YHDSoftWare.com.
Unsolicited Idea Submission Policy:
YHD or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when YHD's products or marketing strategies might seem similar to ideas submitted to YHD. So, please do not send your unsolicited ideas to YHD or anyone at YHD. If, despite our request that you not send us your ideas and materials, you still send them, please understand that YHD makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Copyright (c) 2004 YHD SoftWare, LLC, 2425 Gravel Drive, Fort Worth, Texas 76118 U.S.A. All rights reserved.
YHD has a company policy that does not allow YHD to accept or consider creative ideas, suggestions or materials other than those YHD has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by YHD might seem to others to be similar to their own ideas, suggestions or materials. If you do send us any materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to YHD by electronic mail or otherwise, communications including any such information, data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of YHD. None of the Information shall be subject to any obligation of confidentiality on the part of YHD and shall not be liable for any use or disclosure of any Information. YHD shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall been titled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Notice specific to software available on YHD site:
Any software that is made available to download from this server ("Software"), is the copyrighted work and proprietary property of YHD 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"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement 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 UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. IN NO EVENT SHALL YHD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, YHD SOFTWARE CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, YHD MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. YHD DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN YHD'S PRODUCTS.
Restricted Rights Legend:
Any Software which is downloaded from this Server 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. Owner is YHD.
Notice specific to documents available on this Web site:
Your use and browsing of YHDSoftWare.com and any other YHD web site is at your risk. If you are dissatisfied with any of the materials contained in YHD's Sites, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using YHD web sites, products and/or services.
Any YHD material on this server may include technical inaccuracies or typographical errors. YHD has the right to make changes and updates to any information contained within this server without prior notice.
Maps and directions provided on any YHD site are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. The use of any such maps and directions is subject to this terms and conditions of use and user assumes all risk of use. YHD and its suppliers assume no responsibility for any loss or delay resulting from such use.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER YHD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" OR ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YHD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. IN NO EVENT SHALL YHD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH HEREIN IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN YHD's MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitations or exclusions herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state NO ADVICE OR INFORMATION GIVEN BY YHD, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER YHD NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Permission to use YHD documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that (1) the copyright and patent notices set forth under Legal Notices appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such YHD documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any YHD documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
YHD documents specified above do not include the design or layout of any YHD web site or any other YHD owned, operated, licensed or controlled site. Elements of YHD web sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any YHD web site may be copied or retransmitted unless expressly permitted in writing by YHD.
Disclaimer of Endorsement:
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by YHD. Product and service information are the sole responsibility of each individual vendor. The YHD name and logo and other trademarks and trade names owned by YHD may not be used in any commercial manner without the prior written consent of YHD. The user is responsible for providing all software and equipment needed to access this service.
The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. YHD and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Consent to Monitoring and Disclosure:
YHD is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that YHD may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other government requests; (2) to operate the server properly or to protect itself and its users. YHD reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these Terms and Conditions of Use.
Should any user of information on this server provide YHD with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and YHD assumes no obligation to protect such information from disclosure. The submission of such information to YHD shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by YHD for any purpose whatever and by such submission the user grants to YHD the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required.
Links to third party sites:
The links in this and other YHD web sites will let you leave YHD's site. The linked sites are not under the control of YHD and YHD is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. YHD SOFTWARE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. YHD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YHD of the site.
Software from any YHD web site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or re-exported into any country to which the U.S. has embargoed goods.
Trademark information is available at www.YHDSoftWare.com. Any rights not expressly granted herein are reserved. Send your questions to the appropriate contact as listed.
Amendment of Terms and Conditions of Use:
YHD may at any time revise these YHD Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current YHD Terms and Conditions of Use to which you are bound. As between you and YHD, YHD exclusively owns all rights, titles and interests in and to any of the materials (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair YHD's rights, titles or interests in and to such materials (and any and all elements thereof) nor will you assert any right, title or interest in or to such materials (including any copy or element thereof).
Enforcement Of This Privacy Statement:
If you have questions regarding this statement, you should contact YHD.
YHD SoftWare welcomes your comments regarding this Terms and Conditions of Use. If you believe that YHD has not adhered to the TCOU, please contact YHD SoftWare at www.YHDSoftWare.com or via postal mail at the address provided below, and we will use commercially reasonable efforts to promptly determine and remedy the problem.
YHD SoftWare, Incorporated
2433 Gravel Drive
Fort Worth, TX 76118