ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE (“SITE”). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS SITE.
aha! Process, Inc. (“aha!”) makes information, materials, products, services, and programs available on this Site, subject to the following terms and conditions. By accessing this Site, you agree to these terms and conditions. aha! reserves the right to change these terms and conditions, and the materials, products, services, prices, and programs mentioned in this Site at any time, at its sole discretion, without notice. aha! reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
Use of Site
aha! authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. You may not modify the materials from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials from this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Use of Materials and Download Notice
The materials and accompanying documentation available to download from this Site are the copyrighted work of aha! Use of the materials is governed by the terms of license agreement(s) as well as any specific guidelines, which accompanies such materials. If you download any materials from this Site, you agree to be bound by the license terms as well as the specific guidelines related to the materials. If you do not agree to the terms of such license agreement(s), you will not be able to use, download, install, or use the materials.
You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way except as expressly authorized by aha! in the license agreement(s).
You acknowledge that aha! reserves the right to revoke the license, authorization to view, download, and print the materials available on this Site at any time, and for any reason. You will, however, still be responsible for any and all fees incurred to date.
You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in aha! copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.
With the exception of credit card numbers and registration information for the purchase of products and services, aha! does not want to receive confidential or proprietary information through its Site.
Any information sent to aha!, with the exception of credit card numbers, will be deemed not confidential. You grant aha! an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send aha!, for any and all commercial and non-commercial purposes.
You also agree that aha! is free to use any ideas, concepts, or techniques that you send aha! for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, aha! will have no liability related to the content of any such communications.
User Chat Rooms
aha! may, but is not obligated to, monitor or review any areas on the Site where users may transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, blogs, or other user forums, and the content of any such communications. aha! is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on the chat rooms, bulletin boards, blogs, and user forums. aha! shall have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Links To Other Sites
Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. aha! has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, aha! does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your sole and own risk.
All the information and material contained in this Site are protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).
The aha! Process, Inc. name and designs or logos may be common law trademarks of aha! Process, Inc. All references to other brands and products appearing on this Site are for identification purposes only and the trademarks are owned by their respective owners.
Except as expressly provided otherwise in an agreement between you and aha!, all information and materials on this site (“website content”) are provided “as is” and that use of any website content is at your sole and entire risk. You assume all risk as to the selection, use, performance and quality of the website content and agree not to use the website content in any situation where significant damage or injury to persons, property, or business could occur. aha! expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. aha! does not warrant interference with your use of the website content, that the functions contained in the website content will meet your requirements, that the operation of the website content will be uninterrupted or error-free, or that defects in the website content will be corrected. Furthermore, aha! does not warrant or make any representations regarding the use or the results of the website content or related documentation in terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or written information or advice given by aha! or aha!’s authorized representative shall create a warranty of any kind. Should the website content prove defective, you (and not aha! or aha!’s authorized representative) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you.
Limitation of Liability
Under no circumstances shall aha!, or its directors, officers, employees or agents, be liable to you for any direct, incidental, indirect, special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, loss of programs or other data on your information handling system, and the like) arising out of or relating to the website content or your use, your reliance on the website or hyperlinked content, modification, production, delivery, misuse or inability to use the website or hyperlinked content or related documentation, or any portion thereof, whether under a theory of contract, warranty, tort (including negligence), products liability or otherwise, even if aha! or aha!’s authorized representative has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitation or exclusion may not apply to you. You agree to bear all costs resulting from the use of the website content. aha! assumes no responsibility for errors or omissions in the website content or other documents which are referenced by or linked to this site.
This Site may contain technical inaccuracies, typographical errors, and forward-looking statements that are subject to change. aha! may make changes to material and information on this Site at any time and without prior notice. aha! may also make improvements and/or changes in the products and/or the programs described on this Site at any time without notice. However, aha! makes no commitment to update materials on this site.
Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, or any controversy or claim arising out of or relating to this Site, or the breach thereof, shall be interpreted, enforced, and governed by the laws of the State of Texas. You further agree that venue shall be in and exclusive jurisdiction shall reside with the Circuit Court of Harris County and/or the District Court for the Southern District of Texas.
For any questions or comments regarding this document or the terms and conditions, please feel free to contact aha! Process, Inc. at (800) 424-9484.