Terms of Use
TERMS OF USE
This is a web site operated by Server Partners, LLC under the domain name: www.FileEngine.com and other domain names, collectively the "FileEngine Web Site").
Your use of the information, graphics and materials on the FileEngine® Web Site ("Material on this web site") is governed by these Terms of Use and the associated Privacy Statement.
In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the FileEngine® Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the FileEngine® Web Site.
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Links to other web sites
The FileEngine® Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites"). Server Partners, LLC does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").
Subject to any applicable law which cannot be excluded, Server Partners, LLC makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or
- that Third Party Material does not infringe the intellectual property rights of any person. Server Partners, LLC is not authorizing the reproduction of Third Party Material by linking Material on this web site to Third Party Material.
When you follow a link on the FileEngine® Web Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.
All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on the FileEngine® Web Site, such offers and statements are made by Server Partners, LLC on behalf of the operator. Server Partners, LLC expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.
Server Partners, LLC may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the FileEngine® Web Site.
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Third Party Software
Unless otherwise indicated software downloads available via links from the FileEngine® Web Site are third party products. These products may be subject to a license agreement between you and the relevant product owner. To the extent permitted by law, Server Partners, LLC accept no liability in respect of such third party products and Server Partners, LLC provide no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.
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Server Partners Product Information and Supply
Material on this web site may contain general information about Server Partners, LLC products and services. Unless expressly stated otherwise, this information:
- does not constitute an offer or inducement to enter into a legally binding contract; and
- does not form part of the terms and conditions for Server Partners, LLC products and services.
For further information about a particular product or service please complete the e-form on the product or service page.
All applications for credit are subject to Server Partners, LLC's normal credit approval criteria.
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Warranties
While we have made every effort to ensure that information is free from error, Server Partners, LLC does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. Server Partners, LLC recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. Server Partners, LLC does not guarantee that the FileEngine® Web Site or Third Party Web Sites will be free from viruses, or that access to the FileEngine® Web Site or Third Party Web Sites will be uninterrupted.
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, no member of Server Partners, LLC is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever arising out of or referable to Material on the FileEngine® Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.
Liability of any member of Server Partners, LLC for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Server Partners, LLC's option, to:
- the supply of the goods or services again;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
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Termination
These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the FileEngine® Web Site) and your access to the FileEngine® Web Site may be terminated at any time by Server Partners, LLC without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Server Partners, LLC will survive termination, however, you will no longer be authorized to access the FileEngine® Web Site.
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General & Jurisdiction
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Indianapolis, IN, USA.
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Copyright and Trademarks
Copyright in the Material on this Web Site is owned or licensed by Server Partners, LLC.
FileEngine®, WatchBot™, FileEngine Driven By Linux Non-Stop File Power™, It's More Than A Server. It's A Promise.™, Overview™ and FileEngineer™ are
trademarks or registered trademarks of Kim J. Brand.
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice 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:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- 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.
- 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.
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All notices of copyright infringement should be sent to:
Server Partners, LLC
101 East Michigan Street
Indianapolis, IN 46204
Attention: Intellectual Property Manager
Fax: +1 317 833-0278
E-mail: copyright@FileEngine.com
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Linking to FileEngine® Web Site
Please contact Server Partners, LLC if you would like to place a link to any part of the FileEngine® Web Site.
You acknowledge and accept that your use of the FileEngine® Web Site indicates your acceptance of these Terms of Use and the Privacy and Security Statement.
These are the current Terms of Use. They replace any other terms of use for the FileEngine® Web Site published on the FileEngine® Web Site to date. Server Partners, LLC may at any time vary the Terms of Use by publishing the varied Terms of Use on the FileEngine® Web Site. You accept that by doing this, Server Partners, LLC has provided you with sufficient notice of the variation.
Server Partners, LLC reserves any rights not expressly granted in these Terms of Use.
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