Terms of Use

Revised May 2008

Authorization

Binary Spring, LLC ("Binary Spring") authorizes you ("user") to view the materials at this website for your personal, non-commercial use only ("services"), provided you retain with the materials all notices of copyright, trademark, terms, policies, and any other proprietary marks and notices contained in the original materials and on any copies of the materials you create or use. You may not modify the materials presented on this site in any way, or reproduce, publicly display, perform, or distribute or otherwise use them for any commercial or public purpose. Upon your breach any of these Terms, your authorization to use this site terminates, at which point you must destroy all copies of the materials you may have made.

Acceptable Use Policy

You agree to obey all applicable laws and regulations for the duration of your use of Binary Spring services, and agree that you shall not:

1. Upload, post or otherwise transmit through or to this website any content that:
   1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
   2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
2. Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
3. Provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
4. Transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. Collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
6. Sell access to or the use of this website, including any content contained on, downloaded or accessed from this website;
7. Redistribute any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
8. Intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data; or
9. Embed or import any data provided by us into any information services (whether or not web-based), data files or application software.

Links to Off-site Content

Links to other websites and references to products or services offered by third parties do not constitute an endorsement or approval of the terms, notices, practices, policies, or any other agreements users may enter into by way of links from this site to any other site, the organizations that operate such sites, or the products and services offered, and Binary Spring assumes no responsibility for your use of the products and services offered by those sites.

Such links are provided for convenience and informational purposes only, and do not constitute an assumption of liability for your use of them, which you agree and acknowledge shall be at your own risk.

Trademarks and Proprietary Rights

Materials on this site are protected by copyright. No part of these materials may be modified, reproduced, stored, transmitted, copied, distributed or used in any way for commercial or public purposes without prior written consent.

Binary Spring own the trademarks, logos and service marks displayed on this website. These may not be used without prior written permission. "Binary Spring", "Binary Spring, LLC", binaryspring.com, binaryspring.net, binaryspring.org, the Binary Spring flower logo, and any other identifying marks of Binary Spring are and shall remain the exclusive trademarks, trade names, and exclusive property of Binary Spring, LLC, and any unauthorized use of these marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including but not limited to the layout, text, design, graphics, documentation, and interfaces, unless otherwise noted, is copyrighted property of Binary Spring, LLC and protected by national and international copyright law.

Any rights not expressly granted to user are reserved by Binary Spring, LLC.

Copyright Infringement

We strive to comply with all intellectual property laws and handle efficiently and effectively any and all notices of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of 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.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be written in English and sent to:

Binary Spring, LLC
Manager of Intellectual Property
1648 Campus Drive, #130
Hurst, Texas 76053
United States of America

General Provisions

Modification: Binary Spring has the right, at its sole discretion, to modify, add or remove any terms or conditions of these terms without notice or liability to you. Any change in these terms go into effect as soon as the changes have been posted to this website. Binary Spring reserves the right, at its sole discretion, to add, remove, modify, disable or discontinue any part or all of this website or the services offered or any information contained thereon without liability or notice to you.

Waiver: The failure of Binary Spring to insist on or enforce user's strict compliance with any of the terms, covenants, or conditions listed herein shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

Severability: If any provision in this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue full force without being impaired or invalidated in any way.

Jurisdiction: These terms, policies, and legal notices shall be governed by and construed in accordance with the laws of the United States of America, State of Texas, County of Tarrant, and City of Hurst applicable therein, without regard conflict of legal provisions thereto. The parties of these terms, policies, and legal notices consent to the exclusive jurisdiction of the courts of, and venue and situs in Hurst, Texas, The United States of America.

Exclusive Remedy: For any breach of the terms of these terms, user's exclusive remedy, and Binary Spring's sole liability shall be re-performance of the services for compensation under the terms of the contract by which services were provided. In order to receive remedies, deficiencies in the services must be reported to Binary Spring in writing within seven (7) calendar days of completion of those services.

Violations: Please report any violations of these terms to legal@binaryspring.com.

Disclaimer and Limitation of Liability

THE MATERIALS AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND EITHER, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OPERABILITY, INTEROPERABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY OR INTELLECTUAL PROPERTY RIGHTS, NOR IS ANY WARRANTY PRESENTED THAT CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS AND NETWORKS POWERING Binary Spring WILL BE FREE OF BUGS OR VIRUSES, AND IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL Binary Spring, OR THEIR AFFILIATED COMPANIES, OFFICERS, PRINCIPLES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE FOREGOING, BE LIABLE TO ANY OTHER PARTY HERETO IN ANY ACTION OR CLAIM FOR ANY GENERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR SERVICES PPRESENTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR THIRD PARTIES, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF GOODWILL, INJURY TO REPUTATION, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, TECHNICAL MALFUNCTION, LOSS OF INFORMATION, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER THE ACTION IN WHICH RECOVERY OF DAMAGES IS SOUGHT IS BASED ON CONTRACT, TORT (INCLUDING SOLE, CONCURRENT OR OTHER NEGLIGENCE AND STRICT LIABILITY), BREACH OF WARRANTY, EITHER EXPRESSED, IMPLIED, STATUTE OR OTHERWISE, OR ANY OTHER FORM OF ACTION, EVEN IF Binary Spring, USER, OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULL EXTENT PERMITTED BY LAW.

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