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Adobe® SiteCatalyst® HBX Products and
Services Terms of Use

At Adobe Systems Incorporated, your online experience and right to privacy are of the utmost importance. We want you to feel completely comfortable and secure using our quality services. Adobe Systems Incorporated prides itself on its deep industry involvement in privacy issues.

BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Copyright Notice
Copyright 1996-2009. Adobe Systems Incorporated. All rights reserved. Permission to use all documents and related graphics and any other material from this World Wide Web site is subject to these Terms and Conditions. "WebSideStory," "HitBox," and "StatMarket" and logos are service marks of Adobe.

TERMS OF SERVICE FOR THE SITECATALYST HBX PRODUCTS AND SERVICES

1. ACCEPTANCE OF TERMS
Welcome to Omniture.com. Adobe, featuring Omniture technology, provides its website services to you, subject to the following Terms of Service ("Terms of Service"), which may be updated by us from time to time without notice to you. In addition, when using particular SiteCatalyst HBX services, you and Adobe will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. You are responsible for regularly reviewing these terms and conditions.

2. DESCRIPTION OF SERVICE
Adobe currently provides users with access to a rich collection of online resources through its network of web properties (the "Service"). Unless otherwise specified, the Adobe web sites are for your personal and non-commercial use. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Adobe properties, will be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Adobe assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Adobe has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. Please also be aware that certain other areas of service are limited to those who are 13 years of age or older.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, if you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Adobe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Adobe has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Adobe PRIVACY POLICY
Registration Data and certain other information about you is subject to the Omniture.com Privacy Policy. For more information, please see the current privacy policy set forth at the following.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register for some services offered, you may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Adobe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Adobe cannot and will not be liable for any loss or damage arising from your failure to comply with your own duty to maintain your own security and privacy.

6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Omniture, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. Omniture does not control the Content accessible via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to third party Content that is offensive, indecent, objectionable or even hateful or obscene. Under no circumstances will Adobe be liable in any way for any third party Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

The Adobe web sites may from time to time contain bulletin board services, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • upload, post, e-mail or otherwise transmit any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically inciteful;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, an Adobe official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "stalk" or otherwise harass another; or
  • collect or store personal data about other users or harvest or otherwise collect information about others, including e-mail addresses, without their consent.

You acknowledge that Adobe does not pre-screen or monitor your or third party Content, but that Adobe and its designees will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Adobe and its designees will have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Adobe or submitted to Adobe, including without limitation information in Yep.com forums, and in all other parts of the Service.

You acknowledge and agree that Adobe may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Adobe, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of Content or affecting the privacy of persons.

8. PUBLIC CONTENT POSTED TO OMNITURE
Adobe does not claim ownership of the materials you provide to Adobe (including feedback and suggestions) or post, upload, input or submit to any Adobe Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Adobe, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided in these Terms of Service. Adobe is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Adobe's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

9. INDEMNITY
You agree to indemnify and hold Adobe, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Adobe may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service. You agree that Adobe has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Adobe reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Adobe reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SiteCatalyst HBX SERVICES
Adobe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Adobe will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION
You agree that Adobe, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Adobe believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Adobe may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Adobe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Adobe will not be liable to you or any third-party for any termination of your access to the Service.

14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Adobe will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. LINKS, SEARCH RESULTS AND RANKED SITES
The Service may provide, or third parties may provide, links to other World Wide web sites or resources ("Linked Sites"). The Linked Sites are not under the control of Adobe and Adobe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Adobe is not responsible for webcasting or any other form of transmission received from any Linked Site. Adobe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Adobe of the site or any association with its operators.

Because Adobe has no control over such sites and resources, you acknowledge and agree that Adobe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Adobe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. ADOBE'S PROPRIETARY RIGHTS FOR THE SITECATALYST HBX SERVICES
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Adobe or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its Content, in whole or in part.

17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OMNITURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • ADOBE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMNITURE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OMNITURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OMNITURE WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OMNITURE WEB SITES.

19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SOFTWARE AVAILABLE ON THE WEB SITES
Software (if any) that is made available to download from the Adobe web sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Adobe, Inc. and/or its subsidiaries or suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Adobe hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Omniture web site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.

All Software is owned by Adobe and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

21. NOTICE
Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

22. TRADEMARK INFORMATION
WebSideStory, HitBox, StatMarket, The Pulse of the Internet, Traffic, Yep, the Yep.com logo and the "W" and other WebSideStory logos and product and service names are trademarks of Adobe, Inc. (the "Adobe Marks"). Without Adobe's prior permission, you agree not to display or use in any manner, the Adobe Marks.

23. COPYRIGHTS and COPYRIGHT AGENTS
All contents of the Adobe web sites are: Copyright 1996-2009. Adobe Systems Incorporated. All rights reserved. Omniture® is a registered trademark of Adobe Systems Incorporated in the United States, Japan, & European Community. and/or its subsidiaries or suppliers. All rights reserved.

Adobe respects the intellectual property of others, and we ask our users to do the same. Our Copyright Infringement policy, as a "service provider" pursuant to the Digital Millennium Copyright Act can be reviewed here.

24. GENERAL INFORMATION
Unless otherwise specified in these Terms of Service, this agreement constitutes the entire agreement between the user and Adobe with respect to use of the Adobe web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Adobe with respect to use of the Adobe web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The Terms of Service and the relationship between you and Adobe will be governed by the laws of the State of California without regard to its conflict of law provisions. If you are a resident of the United States of America, you hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the Adobe web sites. If you are not a resident of the United States of America, you hereby consent to binding and mandatory arbitration in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the Adobe web sites. Use of the Adobe web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

The failure of Adobe to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Adobe as a result of this agreement or use of the Adobe web sites.

If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Adobe's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Adobe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Adobe web sites or information provided to or gathered by Adobe with respect to such use.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

25. VIOLATIONS
Please report any violations of the Terms of Service here.

Last modified: 1/21/2008