<table width="590" cellpadding="5" cellspacing="0" border="0"> <tr> <td valign="top" colspan="2" align="center"> <strong>TERMS OF USE</strong></td> </tr><tr> <td valign="top" colspan="2"> <strong>1. GENERAL </strong></td> </tr> <tr> <td valign="top" width="39"> <strong>1.1</strong></td> <td valign="top" width="551"> <p>This website (the "Website"), is the property of Sequoia Voting Systems, Inc. ("Sequoia") and its affiliates. By navigating to or accessing the Website, you agree to be bound by the Terms of Use specified herein.</p> </td> </tr> <tr> <td valign="top" > <strong>1.2 </strong></td> <td valign="top" > You acknowledge and agree that Sequoia may, at any time and without notice to you, modify, add or delete any portion of the Terms of Use and/or the balance of the Website. Your continued use constitutes your continued acceptance and agreement to any new, modified, or changed terms. It is your responsibility under this agreement to monitor and remain aware of any changes to these Terms.</td> </tr> <tr> <td valign="top" colspan="2"> <strong>2. CONTENT </strong></td> </tr> <tr> <td valign="top" > <strong>2.1</strong></td> <td valign="top" > The contents of this Website, including all text, graphics, trademarks or logos, photographs, sounds, music, artwork, computer code, interfaces, including the expression, design, layout, structure, selection, arrangement, and "look and feel" of the individual combined elements of the contents (the "Contents") are owned or licensed by Sequoia. You acknowledge that the Contents contain the proprietary intellectual property of Sequoia, and are protected by the copyright, trademark, trade name, trade dress, service mark, and other intellectual property laws of the United States, International accords and treaties, and various laws of foreign jurisdictions. Unless otherwise specified, the Contents are for your personal and non-commercial use. </td> </tr> <tr> <td valign="top" > <strong>2.2</strong></td> <td valign="top" > Unless you have otherwise agreed with Sequoia in writing in each instance, you have no right to copy, download, republish, transmit, post, distribute, modify, display, license, perform or create derivative works of the Contents. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Contents. </td> </tr> <tr> <td valign="top" colspan="2"> <strong>3. USE OF THE WEBSITE </strong></td> </tr> <tr> <td valign="top" > <strong>3.1</strong></td> <td valign="top" > Your use of this Website is only permitted, provided that you comply with the Terms of Use. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor the Website or any portion thereof, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content. </td> </tr> <tr> <td valign="top" > <strong>3.2 </strong></td> <td valign="top" > You may not use the Website in any manner that could damage, disable, overburden, or impair any Sequoia server, or the network(s) connected to any Sequoia server, or interfere with any other party's use and enjoyment of the Website and the Contents. You may not attempt to gain unauthorized access to any Area of the Website or the Contents, computer systems or networks connected to any Sequoia server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Sequoia. Any attempt to gain unauthorized access to areas of the Website or to any network connected to Sequoia or the Website is a violation of these Terms of Use. </td> </tr> <tr> <td valign="top" > <strong>3.3</strong></td> <td valign="top" > You may not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer. </td> </tr> <tr> <td valign="top" colspan="2"> <strong>4. PRODUCT AND SERVICE INFORMATION </strong></td> </tr> <tr> <td valign="top" > <strong>4.1</strong></td> <td valign="top" > Descriptions of Sequoia's products and services on the Website are provided for informational and advertising purposes only. Sequoia's obligations, if any, regarding its products and services are governed solely by the agreements pursuant to which they are sold by Sequoia to its customers, and nothing on this Website should be construed to vary or alter such agreements. </td> </tr> <tr> <td valign="top" > <strong>4.2 </strong></td> <td valign="top" > Sequoia may make changes to any products or services described on the Website, at any time, without notice. The materials on this Website with respect to any of Sequoia's products or services may be out of date, and Sequoia makes no commitment to update the materials on the Website with respect to any of the information contained therein. </td> </tr> <tr> <td valign="top" colspan="2"> <strong>5. LINKS TO AND FROM THIRD PARTY WEBSITES </strong></td> </tr> <tr> <td valign="top" > <strong>5.1 </strong></td> <td valign="top" > Any links to other internet sites are provided for your convenience only, and we do not necessarily endorse, nor are we responsible for, the content of any third party site. You must make your own independent evaluation of any linked websites.</td> </tr> <tr> <td valign="top" > <strong>5.2 </strong></td> <td valign="top" > All links to this Website must be approved in writing by Sequoia in each instance, except that Sequoia consents to links in which the linked page and subsequent linked pages activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this Website; (b) misrepresent your relationship with Sequoia; (c) imply that Sequoia approves or endorses you, your views, your website, or your service or product offerings; and (d) present false or misleading impressions about Sequoia or otherwise damage the goodwill associated with the Sequoia name or trademarks. As a further condition to being permitted to link to this site, you agree that Sequoia may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Web site. </td> </tr> <tr> <td valign="top" colspan="2"> <strong>6. DISCLAIMER OF WARRANTIES </strong></td> </tr> <tr> <td valign="top" > <strong>6.1 </strong></td> <td valign="top" > Use of this site is at your own risk. All contents of the site are provided on an “as is” basis, without any warranties or guarantees whatsoever. Sequoia disclaims, to the fullest extent permissible by law, all express, implied, statutory, and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability and fitness for a particular purpose.</td> </tr> <tr> <td valign="top" > <strong>6.2 </strong></td> <td valign="top" > None of the materials or contents appearing on this Website are guaranteed or warranteed to be uninterrupted, timely, safe, secure, or free of errors.</td> </tr> <tr> <td valign="top" > <strong>6.3 </strong></td> <td valign="top" > Some jurisdictions do not allow the exclusion of warranties, so the exclusions may not apply to you. </td> </tr> <tr> <td valign="top" colspan="2"> <strong>7. INDEMNITY </strong></td> </tr> <tr> <td valign="top" > <strong>7.1 </strong></td> <td valign="top" > You agree to hold harmless and indemnify Sequoia, its officers, directors, shareholders, predecessors and successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney's fees), made against Sequoia by any third party due to or arising out of any connection with the use of this Website.</td> </tr> <tr> <td valign="top" colspan="2"> <strong>8. LIMITATION ON LIABILITY </strong></td> </tr> <tr> <td valign="top" > <strong>8.1 </strong></td> <td valign="top" > In no event will Sequoia be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced, or accessed through this Website, or for the use or downloading of, or access to, any of the contents, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Sequoia is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.</td> </tr> <tr> <td valign="top" colspan="2"> <strong>9. GOVERNING LAW; DISPUTE RESOLUTION </strong></td> </tr> <tr> <td valign="top" > <strong>9.1 </strong></td> <td valign="top" > You agree that all matters relating to your access to and use of the Website, including any disputes which may arise, will be governed by the laws of the United States and the State of Colorado, without regard to conflicts of laws provisions. You agree to consent to personal jurisdiction over you of the State and Federal courts of Denver County, Colorado and waive any objection to such jurisdiction or venue. </td> </tr> <tr> <td valign="top" > <strong>9.2 </strong></td> <td valign="top" > Any claim arising under these Terms of Use will be brought, if at all, within one year after the cause of action arises, or else will be time barred. </td> </tr> <tr> <td valign="top" > <strong>9.3 </strong></td> <td valign="top" >If Sequoia does take any legal action against you as a result of your violation of these Terms of Use, Sequoia will be entitled to recover and you agree to pay their costs and attorneys' fees, in addition to any other relief granted to Sequoia. </td> </tr> </table>
