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Positype Online & Offline Terms of Use

Swash and Kern LLC dba Positype (“Positype”) makes available for your use on this Website proprietary software, information, content, documents and products (collectively, the “Matter”) and various services operated by Positype (collectively, the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing or utilizing this Website, which includes your access to or use of any of the Services, you agree to the Terms of Use. Positype reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Website will be subject to the most current version of this Terms of Use posted on the Website at the time of such use. In addition, when using particular Services or Matter on this Website, you shall be subject to any posted guidelines or rules applicable to such Services or Matter that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates and you must immediately destroy any Matter downloaded or printed from the Website. No exceptions.

Copyright: A Limited License
The Matter and Services on this Website are protected by copyright, trademark and/or other intellectual property laws. Any unauthorized use of the Matter or Services on this Website will violate such laws. Except as expressly provided herein, Positype and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Matter and Services.

Except as specifically permitted herein, no portion of the information or documents on this Website may be reproduced in any form or by any means without the prior written permission of Positype.

Use and Sharing of Website Information
Except as otherwise indicated elsewhere on this Website, you may view, download and print the documents and information available on this Website, under the following conditions:

1.) The electronic documents, generated specimens, and information may be used solely for personal, informational, internal, non-commercial purposes.
2.) The electronic documents, generated specimens, and information may not be modified or altered in any way.
3.) The electronic documents, generated specimens, and information on the Website may not be distributed or published.
4.) You may not remove any copyright or other proprietary notices contained in the electronic documents, generated specimens, information or products.
5.) Positype reserves the right to revoke the authorization to view, download and print the documents and information available on this Website at any time, and any such use shall be discontinued immediately upon written notice from Positype.
6.) The rights granted to you constitute a limited license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected by trade dress and other copyright laws and can not be reproduced, embellished upon, or imitated in whole or in part.

Protection Of Your Account Number And Password
You are responsible for maintaining the confidentiality of your User I.D. and password, where and if applicable. You are responsible for all uses of your User I.D., whether or not actually or expressly authorized by you.

Warranties And Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND POSITYPE, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. FOR FURTHER CLARIFICATION OF WARRANTIES, REFER TO ARTICLE 4: WARRANTIES AND LIMITATIONS, LOCATED UNDER THE LICENSING SECTION OF THIS WEBSITE (HTTP://POSITYPE.COM/LICENSING)

POSITYPE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS. POSITYPE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND POSITYPE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

IN NO EVENT SHALL POSITYPE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT POSITYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSITYPE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AND SALE.

This Website may contain links to third-party Websites that are not under the control of Positype. Positype makes no representations whatsoever about any other Website to which you may have access through this Website. When you access a non-Positype Website, you do so at your own risk and Positype is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites or for the quality of any products or services available on such sites. Positype provides such links merely as a convenience and the inclusion of such links does not imply that Positype endorses or accepts any responsibility for the content or uses of such Websites.

Personal Information And Privacy
To learn about how Positype protects your personal information, such as your name and address, refer to the Positype Online Privacy Policy.

Governing Law And Jurisdiction
This Website (excluding any linked sites) is controlled by Positype from its offices within the state of Georgia, United States of America. By accessing this Website, you and Positype agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof. You and Positype also agree and hereby submit to the exclusive personal jurisdiction and venue of the United States District Court for Georgia of and in the County of Jackson with respect to such matters. Positype makes no representation that Matter or Services available on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Trademark Information
The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Positype or other third parties. You are not permitted to use the Marks without the prior written consent of Positype or such third party which may own the Marks. Positype and the Positype logo are trademarks of Positype.

Export Control Laws: Notice To U.S. Government Users
The export and re-export of Positype software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. By downloading a Positype software product you are certifying that you are not a national of Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

© Copyright. All Rights Reserved.
Swash and Kern LLC.
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