Terms Of Use: What You Agree To When Using This Site

Welcome to ProductivityEnhancement.com, the Productivity Enhancement website (the "Site"). These terms of use ("Site Terms") impose conditions on your access to this Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Productivity Enhancement, Inc. ("Productivity Enhancement") or its subsidiaries or affiliates for other products or services.

Productivity Enhancement reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Questions or comments about the Site or its contents should be directed to the webmaster.

Site License and Access

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

Copyright Complaints

If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please contact the webmaster.

Trademarks and Service Marks

CommerceBlocks, "Build your business", Small Business Intelligence, and ColdFusionTraining.com are service marks of Productivity Enhancement, Inc. LoRCAT, Zero-Load Banner Server, DatabaseBlocks, ShopBlocks, ShopBlocks Pro, ShippingBlocks, PricingBlocks, UpsellBlocks, SoftBlocks, FuseBlocks, ICEBlocks, SupportBlocks, MailBlocks, NewsBlocks, TourBlocks, BallotBlocks, LoginBlocks, StatusBlocks, CalendarBlocks, SearchBlocks, ContentBlocks, URLBlocks, ContestBlocks, SurveyBlocks, ConfigBlocks, ForumBlocks, CustomBlocks, QuickBlocks, MAS90Blocks, B2BBlocks, AuctionBlocks, BrowserBlocks, ScheduleBlocks, HelpBlocks, BannerBlocks, ProjectBlocks, Plum, Practical Lightweight Universal Methodology, FileRobot, Timealyzer, and Back That NAS Up! are either trademarks or registered trademarks of Productivity Enhancement, Inc.

ColdFusion, ColdFusion Studio, Flash, Flash Remoting, Fireworks, Freehand, Dreamweaver, JRun, and other Macromedia products referenced herein are either registered trademarks or trademarks of Macromedia, Inc.

Microsoft, Windows, Windows 2000, SQL Server, and other Microsoft products referenced herein are either registered trademarks or trademarks of Microsoft.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Linking

You may link to content on this site unless we contact you and request that you remove such links.

General Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Any submission of materials by you will be considered a contribution to Productivity Enhancement for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, software, original or creative materials or other information, provided by you in the form of e-mail or submissions to Productivity Enhancement, or postings on this site, are non-confidential (subject to Productivity Enhancement's Privacy Policy) and shall become the sole property of Productivity Enhancement. Productivity Enhancement shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Productivity Enhancement irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disclaimers

THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. PRODUCTIVITY ENHANCEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. PRODUCTIVITY ENHANCEMENT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PRODUCTIVITY ENHANCEMENT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE PRODUCTIVITY ENHANCEMENT ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, PRODUCTIVITY ENHANCEMENT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Productivity Enhancement reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Productivity Enhancement.

Limitation of Liability

IN NO EVENT SHALL PRODUCTIVITY ENHANCEMENT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRODUCTIVITY ENHANCEMENT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF PRODUCTIVITY ENHANCEMENT'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID PRODUCTIVITY ENHANCEMENT, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Georgia, applicable to agreements made and entirely to be performed within the State of Georgia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Gwinnett County, Georgia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. These terms do not supercede the terms of any arbitration agreement privately entered into with Productivity Enhancement, Inc.

Termination

Notwithstanding any of these terms and conditions, Productivity Enhancement reserves the right, without notice and in its sole discretion, to terminate your license to use the site, and to block or prevent future access to and use of the site.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.