General Terms of Use

The Sohnen-Moe Associates, Inc. Website (the “Site”) is a service provided by Sohnen-Moe Associates, Inc (“sma”).

The following are terms of a legal agreement between you and sma. By accessing, browsing or using the Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site.

sma may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Information may be changed or updated without notice.

1. Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are sma, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Some sections of the site, such as the Free Office Forms, modify the terms of the preceding statement. Such modification applies only to those sections.

sma does not wish to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to sma is deemed NOT to be confidential. By sending sma any information or material, you grant sma an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that sma is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

  1. we obtain your permission to use your name; or
  2. we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
  3. we are required to do so by law. Learn more about sma privacy policies.

2. Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of sma. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site

You understand that, except for information, products or services clearly identified as being supplied by sma, sma does not operate, control or endorse any information, products or services on the Internet in any way. Except for sma-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with sma.

IN NO EVENT WILL sma BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY sma ON AN “AS IS” BASIS ONLY. sma PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

sma makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-sma website, please understand that it is independent from sma, and that sma has no control over the content on that website. In addition, a link to a sma website does not mean that sma endorses or accepts any responsibility for the content, or the use, of such website.

4. Indemnification

You agree to indemnify, defend and hold harmless sma, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

5. Third Party Rights

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of sma and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6. Term; Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.

7. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between sma and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. sma’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. sma may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Revision History:
5-Oct-2004: Original version.