Thank you for visiting this Regulus Group LLC Web site. The site at www.regulusgroup.com and all other Web sites owned or operated by Regulus Group LLC, its subsidiaries, or affiliates collectively are referred to as the "Site." The following terms and conditions ("Terms and Conditions") govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and should exit immediately.
1. Proprietary Rights. Regulus Group LLC, its subsidiaries, or affiliates, including but not limited to the following: Regulus Integrated Solutions LLC; Regulus America LLC; Regulus West LLC; and Regulus Tri State LLC (collectively referred to as "Regulus"), own or license the data, content, graphics, forms, artwork, and other material for this Site (the "Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Content (also, the "Content") for this Site. Except as indicated, this Site and Content are owned or licensed by Regulus, and are © 1999-2001 Regulus and/or third party licensors. All rights reserved. Any use, reproduction, or distribution of this Site or Content without Regulus's advance written consent is prohibited, except, however, you may download one temporary copy of these materials on any single computer, and you may print one copy of these materials for your use in learning about, evaluating, or acquiring Regulus's or its licensees' or licensors' services or products, provided that you include a complete copy of this entire page.
2. Trademarks. All trademarks, service marks, and logos (the "Marks") appearing on the Site are proprietary to Regulus or its licensors, except as otherwise indicated herein. EDS® is a registered trademark of Electronic Data Systems Corporation. CHECKFREE® is a registered service mark of Checkfree Corporation. Unless otherwise indicated above, all other Marks not owned by Regulus, its subsidiaries, or its affiliates (collectively "Regulus") are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Regulus. Use or misuse of these Marks without advance written consent from Regulus or the respective Mark's owner is expressly prohibited. You shall not use any mark in any manner that is likely to cause confusion among customers as to source or sponsorship, or in any manner that disparages, tarnishes, dilutes, or discredits Regulus. Further, the Marks used on this Site are the property of their respective owners and any mention on the Site should not be construed as a challenge to said Mark's status or ownership. Any rights not expressly granted herein are reserved.
3. Other Sites. This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites are operated or maintained by organizations over which Regulus exercises no control, and Regulus expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third party sites and on any other sites operated or maintained by third parties. Regulus does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated herein.
4. Informational Purposes Only. The information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be financial advice or recommendations. Opinions, where and when expressed, are subject to change without notice. Information was obtained from sources considered reliable, but no representation is made as to its accuracy.
5. Site Content. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Content without Regulus's advance written consent. While Regulus endeavors to keep the Content, and other materials on, in, and through this Site up-to-date, Regulus is not responsible for any errors or omissions in the Content or other materials. Regulus is not responsible for the accuracy or completeness of the information, text, graphics, forms, links, advertisements, or other items contained within this Site. Regulus may make changes to the Content, this Site, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items.
6. Communications With The Site. Regulus welcomes your feedback and suggestions about how to improve our services, products, and this Site. By transmitting any suggestions, information, material, or other content (collectively, "User Content") to Regulus, you automatically grant Regulus the royalty-free, perpetual, irrevocable, transferable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such User Content (in whole or part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content, all without compensation to you. Accordingly, User Content must not contain any third party proprietary or confidential information. Further, Regulus is free to use and shall own any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including, but not limited to, creating and marketing products or services using such information.
7. Privacy Statement. Regulus has a Privacy Statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Click here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Regulus via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact Regulus by telephone at (415) 439-4874, or write us at Regulus, 860 Latour Court Napa, CA 94558.
8. Securities Information. This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about Regulus, and although this information was believed to be accurate as of the date prepared, Regulus disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein. Potential investors are cautioned not to place undue reliance on any such forward-looking statements, which speak only as of the date made.
9. Disclaimer of Warranty and Liability. THIS SITE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN "AS IS" BASIS ONLY. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. REGULUS MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT. ANY AND ALL INFORMATION PROVIDED BY REGULUS OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
Regulus shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this Site, the Content, or the products or services connected therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Regulus to you in connection with, based upon, or arising from this Site or your use of this Site exceed $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, Regulus's liability is limited to the greatest extent permitted by law.
10. Indemnification. You agree to defend, indemnify, and hold harmless Regulus, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
11. Some Services Unavailable Worldwide. This Site may refer to some services or programs that are not available worldwide, without specifically identifying that the offers are geographically limited. Our reference to such services or programs does not imply that Regulus intends to offer such services or programs in all countries or locations. The figures and prices displayed on the Site are quoted in U.S. dollars.
12. Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither Regulus nor its contractors will be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
13. Changes; Termination. These Terms and Conditions may be changed at any time, with or without notice; your continued use of this Site after any change is made to the Terms or Conditions signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms and Conditions for changes. Regulus reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice.
14. Governing Law and Jurisdiction. These Terms and Conditions represent the entire agreement between you and Regulus with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to its conflict of law rules. PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (A "UCITA LAW") SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE UCITA LAW EXPRESSLY PROHIBITS THIS AGREEMENT'S ALTERATION OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE UCITA LAW. By accessing, viewing, or using the Content or this Site, you consent to the jurisdiction of the federal and state courts presiding in Philadelphia, Pennsylvania, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Regulus from its offices within the United States. Regulus makes no representation that this Site or the Content is appropriate or available for use in any location or territory, and access to this Site or the Content from locations or territories where it is illegal is prohibited. The waiver or failure of Regulus to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
