Terms of use and disclaimer of liability

1. ACCEPTANCE OF TERMS OF USE.
THESE TERMS OF USE (THE TERMS) ARE ENTERED INTO BY AND BETWEEN TORVEX COMMUNICATIONS, A RHODE ISLAND SOLE PROPRIETORSHIP ("TORVEX") AND YOU (HEREIN "YOU" and "YOUR" AS APPROPRIATE), AND USING THIS WEB SITE IN ANY MANNER OR ACKNOWLEDGING AGREEMENT TO THESE TERMS CONSTITUTES ACCEPTANCE. THIS WEB SITE MAY BE USED ONLY IF AUTHORIZED BY TORVEX. IF YOU ACCEPT THESE TERMS OF USE YOU ARE AUTHORIZED TO USE THIS WEB SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEB SITE AND YOU MAY NOT USE THIS WEB SITE.

This terms of use pertains to the web sites torvex.com, hardeadlines.com and other web sites under the control of Tovex (each herein a "Web site"). Torvex makes this Web site and the information and services contained herein available as a resource for Torvex's clients and the authorized general public. While Torvex makes every effort to ensure the reliability of all information on this site, Torvex does not approve or certify any information contained on this Web site, nor does it guarantee the accuracy, completeness, or timeliness of such information. Use of any information is undertaken entirely at the reader's own risk and discretion. Reference on this Web site to any person, commercial product, process, or service does not constitute or imply endorsement by Torvex.

This Web site and all content herein of any kind or manner (including, but not limited to, text, graphics, layout, screen flow, look and feel, databases, code, video, and audio) is protected by copyright, including without limitation as a work of authorship, as a collective work or as a compilation under U.S. copyright and other laws. All rights reserved. Without limiting the generality of the previous sentence reversing all rights, any unauthorized republication, redistribution, or creation of derivative works is strictly prohibited. You may, however, create links to any URL on this Web site without receiving prior permission.

2. DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS, WARRANTIES, , OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

3. USE OF MATERIAL ON THIS SITE
Content on this Web site may contain technical inaccuracies or typographical errors. This Web site may be changed or updated without notice, sometimes programmatically, in fundamentally chaotic ways which are beyond control or prediction. Torvex reserves the right to make changes in the Web site of any kind at any time without notice.

Registering to post comments on this site requires acceptance of the Privacy Policy, included herein by reference, and requires acceptance of third-party policies for spam detection and removal which may change from time to time. Currently, spam filtering is provided by, and you must agree to the terms of Mollom's Web service privacy policy.

Any decision to communicate information to or with Torvex, including, but not limited to, questions, comments, suggestions, complaints, or ideas, is and shall constitute voluntary, irrevocable assignment of copyright and all intellectual property rights in the material communicated. Torvex shall have no obligation of any kind with respect to such communicated information and shall be free to reproduce, use, disclose, exhibit, display, perform, transform, create derivative works, and distribute the communicated information to others without limitation. Further, Torvex shall be free to use any ideas, concepts, know-how, or techniques contained in such communicated information for any purpose whatsoever, including but not limited to patenting, trademarking, developing, manufacturing, and marketing products and/or services incorporating such communicated information.

This site may contain sub-sites (personal pages) and Web logs (blogs) written by employees and contractors of Torvex. Torvex does not necessarily endorse any of the material posted, or opinions expressed, in these blogs. Any information and material placed on-line are the views and responsibility of those posting the statements.

Any content of any kind that You place or post on this Web site, whether as a comment in a blog posting or otherwise, is not the responsibility of Torvex and You are responsible for all liability related to what You post or place on this Web site. While You reserve all such liability obligations, You hereby quitclaim and assign all remaining rights and interests You have in all such content to Torvex, including without limitation all copyrights.

This Web site may contain references to Torvex products, programs, and service lines which are not available in all countries. Some of Torvex's product and service offerings may be subject to various governement export restrictions and unavailable in some or all countries. Any references to such products or services must neither be construed as evidence that Torvex intends to offer any such restricted products, programs, or services in any prohibited country, nor that Torvex would condone the use of its products and/or services in any fashion contravening relevant ordinance.

Torvex makes no representations whatsoever about any other Web site which may be linked from this site. Non-Torvex Web sites which may be linked to are entirely independent from Torvex, and Torvex has no control over the availability of or content on such sites. In addition, a link to a non-Torvex Web site does not mean, nor can it be taken to imply, that Torvex endorses or accepts any responsibility for the content, demeanor, usability, or use of such site(s).

4. INTELLECTUAL PROPERTY
Except as expressly authorized, you agree not to reproduce, modify, translate, rent, sell, share via P2P technologies, redistribute, scrape, mirror, frame, download, or create derivative works of any portion of this Web site and You may not create any products or services based upon any content of this Web site (including, but not limited to, t-shirts, magnets, bumper stickers, skin art, nanofabrication, and cake decorations (including, but not limited to, birthday, anniversary, and holidays, whether legally recognized or idiosyncratic (or pies — cakes and pies too — we like pie))), in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Torvex intentionally or inadvertently discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

Torvex trademarks include all names, marks, brands, logos, designs, trade dress, slogans, and other collateral materials Torvex uses in connection with its products and services, including without limitation the marks "Torvex" and "Hard Deadlines" and like similars (the "Torvex Trademarks"). All other trademarks appearing on this Web site are the property of their respective owners. You agree not to use or incorporate any Torvex Trademarks into your trademarks, service marks, company names, Internet addresses, domain names or any other materials, for use on or in connection with goods, services or technologies that may be similar to those offered by Torvex. When in connection with goods, services or technologies that are distinct and not similar to those offered by Torvex, You agree not to use or incorporate any Torvex trademarks into your trademarks, service marks, company names, Internet addresses, domain names or any other materials, where such use or incorporation would tarnish or otherwise result in a likelihood of dilution of or confusion with the Torvex Trademarks.

Torvex deeply respects the intellectual property rights of others, and we expect the same behavior from users of our Web site.

If You believe that any work for which You are the valid copyright holder appears on our site in a way which constitutes copyright infringement, please provide Torvex's Copyright Agent the following information required by the On-line Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

For copyright inquiries under the Digital Millennium Copyright Act, please contact: copyrightagent@torvex.com

5. INDEMNITY
You agree to indemnify and hold Torvex and its affiliates, subsidiaries and partners, and their respective officers, directors, shareholders, agents, heirs, assigns, licensors, employees, and representatives (the "Indemnitees") harmless from and against any and all losses, liabilities, payments, damages, demands, claims, suits, actions, judgments, causes of action, assessments, costs and expenses (including reasonable attorneys' fees), and any and all amounts paid in settlement of any claim or litigation, asserted against, resulting to, imposed upon, or incurred or suffered by each such Indemnitee, as a result of or arising directly or indirectly from Your use of or connection to the Web site.

6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, YOU SHALL NOT HOLD AND TORVEX SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE OR ARISING OUT OF OR IN ANY CONNECTION WITH THE WEB SITE, EVEN IF TORVEX HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL TERMS
7.1 These Terms constitute the entire agreement between You and Torvex relating to the referenced subject matter, and cancel and supersede any and all prior or alternate versions. These Terms of Use may be modified by Torvex at any time in its sole discretion and as modified remain binding upon You. You are responsible for periodically reviewing these Terms of Use for any such modifications and Torvex has no obligation to provide notice to You of any such modifications. No modification of these Terms of Use by You is valid or binding, unless in writing and signed by an authorized representative of Torvex. You may also be subject to additional Terms and conditions that apply when you use specific Torvex products or services.

7.2 These Terms of Use constitute a contract which is and shall be deemed to be entered into in the State of Rhode Island and shall be construed by and governed in accordance with the laws of said state without reference to its conflicts of laws principles. Choice of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods, the 1974 Convention on the Limitation Period in the International Sale of Goods, and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980 will not apply to any dispute under these Terms. ANY ACTION OR PROCEEDING IN CONNECTION WITH THESE TERMS OF USE OR THE USE OF THE WEB SITE SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT IN THE STATE OF RHODE ISLAND, U.S.A., AND YOU AND TORVEX EACH HEREBY IRREVOCABLY GRANT AND CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.

7.3 Information, software, or services contained or conveyed by this Web site may be restricted by U.S. export laws and/or the export or import laws of other countries. You agree to comply with all relevant laws regarding export or import of such information, software, or services, and agree that the sole responsibility for obtaining any authorizations required by U.S. or local law lies with you. You agree not to use the information, software, or services from this Web site to design, develop, or produce or disseminate any matter regarding any weapons of mass destruction, including, without limitation, missiles with range greater than 90km and warheads of more than 1,625 kg, any substances identified as chemical or biological weapons or their potential precursors, or equipment or material whose only potential use would be in nuclear weapons. You also agree not to provide, convey, or disseminate any of the information, software, or services from this Web site to any prohibited country or entity identified in U.S. export regulations. Pies, however, are still OK. We like pie.

7.4 This Web site may contain forward-looking statements (e.g. "I look forward to the day when Larry's fat ass finally just explodes.") within the meaning of Section 27A of the Securities Act of 1933 and/or Section 21E of the Securities Exchange Act of 1934 and/or the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve inevitable risks and uncertainties including statements regarding market expectations and opportunities, belief or current expectations of Torvex and its management, expectations about financials, research and development, Torvex's strategic directions, prospects, and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements.

7.5 Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms. Notwithstanding the foregoing, these Terms of Use, as the same may be modified from time to time, constitute an ongoing executory agreement, do not expire and shall remain in full force and effect until expressly terminated by Torvex. If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, (1) such provision shall be re-formed by such court so as to effect as nearly as possible the intent of such provision, (2) the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms and (3) the invalidity or unenforceability of such provision in that jurisdiction shall not be deemed to affect nor shall it affect the validity or enforceability of such provision in any other jurisdiction. Any express waiver by Torvex of any provision of the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. Any failure by Torvex to exercise any right or provision of the Terms of Use is not and shall not be deemed to be a waiver of such provisions and rights and any actual waiver shall only be on writing signed by Torvex.