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.
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.
includes Rulebox Software and NEWA Holding Corporation, along with their
officers, directors, shareholders, employees, affiliates and agents.
"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
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.
(Active Server Pages, VBScript, databases, etc.) used on the Site.
"Posting" refers to any posting to the Site.
"Services" means any
services provided on the Site by Rulebox Software or its agents.
"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 schemes.
(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.
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.
(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
(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
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 THE SITE.
(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 AGGREGATE.
(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
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 any time.
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.