1. Introduction. Please read this Web page carefully. It contains the Terms and
Conditions governing your access to and use of the Rulebox Software Web Site.
If you do not accept these Terms and Conditions or you do not meet or comply
with their provisions, you may not use the Site.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time
to time) form a binding agreement between you and Rulebox Software. Your access
to or use of the Site indicates your acceptance of these Terms and Conditions.
You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to these Terms and
"Web Site" or the "Site" includes www.ruleboxsoftware.com in its entirety and
its related sites owned or operated by Rulebox Software as a division of NEWA
Holding Corporation, and includes their Content, Text, Graphics, Design,
Programming and Services as applicable in the context.
“Rulebox Software” includes Rulebox Software and NEWA Holding Corporation,
along with their officers, directors, shareholders, employees, affiliates and
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial,
navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site,
with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
server-side code (Active Server Pages, VBScript, databases, etc.) used on the
"Document" or "Posting" refers to any posting to the Site.
"Services" means any services provided on the Site by Rulebox Software or its
"User" refers to any individual or entity that uses any aspect of the Site.
"You" and "you" means the person who (or the entity on behalf of whom you are
acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the Site. You represent, warrant and agree that you will not
use (or plan, encourage or help others to use) the Site for any purpose or in
any manner that is prohibited by these Terms and Conditions or by applicable law.
It is your responsibility to ensure that your use of the Site complies with these
Terms and Conditions. You agree to comply with the rules for posting, conduct and
security on the Site. Rulebox Software is the sole interpreter of these rules.
Rulebox Software reserves the right to change these rules in accordance with the
amendment policy in the Terms and Conditions.
4.1 Posting Rules:
(a) Your posting may not contain: (i) copyrighted material (unless you own the
copyright or have the owner's permission to post the copyrighted material);
(iii) trade secrets (unless you own them or have the owner's permission to post
them); (iv) material that infringes on or misappropriates any other intellectual
property rights, or violates the privacy or publicity rights of others;
(v) anything that is sexually explicit, obscene, libelous, defamatory,
threatening, harassing, abusive, or hateful; (vi) anything that is embarrassing
or offensive to another person or entity; or (iv) chain letters or pyramid
(b) Rulebox Software is under no obligation to monitor the postings on the Site, but
it may monitor postings at random. Postings found to violate the above Posting
Rules may be removed at Rulebox Software's discretion.
4.2 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the
Site, including, without limitation: (i) accessing data not intended for such
User or logging into a server or account which the User is not authorized to
access; (ii) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization; (iii) attempting to interfere with service to any User, host or
network, including, without limitation, via means of submitting a virus to the
Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending
unsolicited e-mail, including promotions and/or advertising of products or
services; (v) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability.
Rulebox Software will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations.
5. Intellectual Property Rights. The Site and all right, title and interest in and
to the Site is the sole property of Rulebox Software or its licensors, and is
protected by U.S. copyright and international treaties. Except for the limited
licenses expressly granted to you in these Terms and Conditions, Rulebox Software
reserves for itself and its licensors all other right, title and interest.
Without limitation on the foregoing, you may not reproduce, modify, display,
sell, or distribute the Content, or use it in any other way for public or
commercial purpose without the expressed written permission of Rulebox Software.
This includes copying or adapting the HTML code used to generate Web pages on the
Site. "Rulebox Software," the Rulebox Software design logo and certain other
names or logos are service marks or trademarks of Rulebox Software, and all
related product and service names, design marks and slogans are the service marks
or trademarks of Rulebox Software, unless otherwise specified. In addition, the
"look" and "feel" of the site (including color combinations, button shapes,
layout, design and all other graphical elements) are also protected by Rulebox
Software's or its licensor’s trademarks, service marks and copyrights. All other
product and service marks contained on the Site are the trademarks of their
6. Disclaimers and Limitations on Rulebox Software’s Liability.
6.1 Allocation of Responsibility. Rulebox Software assumes no responsibility for
postings by Users and no responsibility for the activities, omissions or other
conduct of Users.
6.2 No endorsements by Rulebox Software. Nothing on the Site shall be considered an
endorsement, representation or warranty with respect to any User or third party,
whether in regards to its Web site, products, services, events, or otherwise.
6.3 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. RULEBOX SOFTWARE, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. RULEBOX SOFTWARE MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) RULEBOX SOFTWARE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT
THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RULEBOX SOFTWARE IS NOT
RESPONSIBLE FOR THOSE COSTS.
(ii) Rulebox Software makes no representations or guarantees regarding the
truthfulness, accuracy, completeness, timeliness or reliability of any
Documents posted by Users, or of any other form of communication engaged in by
Users. Documents may contain inaccuracies or typographical errors. You agree
that any reliance on Documents posted by Users, or on any other form of
communication with Users, will be at your own risk.
(iii) Rulebox Software makes no representations or guarantees regarding the Content
of the Site, including, but not limited to, broken links, inaccuracies or
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET
GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF
(b) IN NO EVENT SHALL RULEBOX SOFTWARE (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY
NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST
EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING
UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR
ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RULEBOX SOFTWARE IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH
IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE
OR UNENFORCEABLE FOR ANY REASON, THEN RULEBOX SOFTWARE'S MAXIMUM LIABILITY TO
YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE
(d) IN NO EVENT SHALL RULEBOX SOFTWARE (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY
DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(e) Due to the nature of these Terms and Conditions, in addition to money damages,
Rulebox Software will be entitled to equitable relief upon a breach of these
Terms and Conditions by you.
7. Links to Other Sites. Rulebox Software's Site contains links to third party Web
sites. These links are provided solely as a convenience to you and not as an
endorsement by Rulebox Software of the contents on such third-party Web sites.
Rulebox Software is not responsible for the content of linked third-party sites
and does not make any representations regarding the content or accuracy of
materials on such third-party Web sites. If you decide to access linked
third-party Web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site. Rulebox Software may revise
these Terms and Conditions at any time by updating this page. Changes will be
binding on you on the date they are posted on the Site (or as otherwise stated
in the any notice of such changes). Any use of the Site will be considered
acceptance by you of the then-current Terms and Conditions. If at any time you
find the Terms and Conditions unacceptable, you may not use the Site any longer.
Any new or different terms supplied by you are specifically rejected by Rulebox
Software unless Rulebox Software agrees to them in a signed writing specifically
including those new or different terms. Rulebox Software may change the Site at
9. Indemnity. You agree to defend, indemnify, and hold harmless Rulebox Software
(and its officers, directors, employees and agents) from and against any claims,
actions or demands (including, without limitation, costs, damages and reasonable
legal and accounting fees) alleging or resulting from or in connection with your
use of the Site, any Document posted by you, or your breach of these Terms and
Conditions. Rulebox Software shall use reasonable efforts to provide you prompt
notice of any such claim, suit, or proceeding and may assist you, at your
expense, in defending any such claim, suit or proceeding.
10. General. Rulebox Software contact information is listed on the Site. Rulebox
Software makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by
certain persons or in certain countries, and such persons have no right to
access or use the Site. If you access Rulebox Software from outside of the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. These Terms and Conditions are governed
by the internal substantive laws of the State of Massachusetts of the United
States of America without respect to its conflict of laws principles.
Jurisdiction for any claims arising under these Terms and Conditions shall
lie exclusively with the state or federal courts in the State of
Massachusetts. You and Rulebox Software's sole relationship is that of
independent contractors. If any provision of these Terms and Conditions is
found to be invalid by any court having competent jurisdiction, the
invalidity of all or part of a provision shall not affect the validity of
the remaining parts and provisions of these Terms and Conditions, which shall
remain in full force and effect. All provisions of these Terms and Conditions
shall survive termination except those granting access or use to the Site,
and you shall cease all your use and access thereof immediately. You may not
assign or transfer your obligations under these Terms and Conditions.
No waiver of any term of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or any other term. Except as expressly
provided by Rulebox Software in a particular "Legal Notice," or software
license or material on particular Web pages of the Site, these Terms and
Conditions constitute the entire agreement between you and Rulebox Software.