Terms and Conditions

ACCEPTANCE OF TERMS: By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and to comply with all applicable laws and regulations. If you do not agree to the Terms, do not use the Site. These terms and conditions are subject to change from time to time.

LICENSE: Users are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Site and general content and information provided on and through the Site ("Content") in accordance with these Terms and Conditions. Access to the forums, support, software and other downloads on the Site is restricted to licensees and sub-licensees of Tamarack software products. Forum content posted by parties other than Tamarack is not considered to be Tamarack Content.

USE RESTRICTIONS: The copyright in all Content provided on this Site is held by Tamarack, Inc. ("Tamarack"). Permission is granted to display, copy and download the materials on this Site solely for your own use. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You may not distribute, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor, copy or interfere or attempt to interfere with the proper working of the Site or the Content without Tamarack's prior written permission (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this Site). You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. Any unauthorized use of the Site or its Content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Tamarack may discontinue or revise any and all aspects of the Site or the Content at its sole discretion and without prior notice.

PROPRIETARY RIGHTS: You acknowledge that (1) the Site, all Content, any related documentation, and other intellectual proprietary rights embodied therein are and shall remain the property of Tamarack; (2) the Site was created, compiled, prepared, selected and arranged by Tamarack through the expenditure of substantial time, effort and resources; (3) the trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are Trademarks of Tamarack. Nothing on this Site should be construed as granting any license or right to use any Trademark displayed on the Site, without the written permission of Tamarack; (4) the Site and its Content constitute valuable intellectual property which is subject to protection under the patent, trademark, copyright, trade secret and other intellectual property laws. Tamarack aggressively enforces its intellectual property rights to the fullest extent of the law.

LINKING TO THE SITE: You may provide links only to the homepage of this Site, provided: (1) you do not remove or obscure, by framing or otherwise, any portion of the homepage; (2) you do not alter, block or otherwise prevent display of any Content on the Site and abide by all terms of use set forth in this document; (3) you do not make, release, or disseminate any public statements, promotions, press releases, or announcements relating to Tamarack without our prior written consent; (4) you do not disparage or make negative references to Tamarack on your website; (5) your site does not contain any (i) vulgar, obscene, pornographic or indecent language or images, (ii) material that is untrue, defames, abuses, harasses or threatens others, (iii) statements that are bigoted, hateful, mean spirited, ethnically offensive or racially demeaning, (iv) material violating any person's right of privacy, (v) material involving or encouraging gambling activities, and (vi) unauthorized copyrighted material; and (6) you will discontinue providing links to this Site if requested by Tamarack.

LINKS TO OTHER SITES: This Site contains links to and from third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Tamarack of the contents on such third-party web sites. Tamarack 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.

REGISTRATION: Certain sections of this Site may require you to register. If registration is requested, you agree to provide Tamarack with a user name and password. Each registration is for a single person only. Tamarack does not permit (1) any other person using the registered sections under your name; (2) access through a single name being made available to multiple users on a network; or (3) registration by other than Tamarack software licensees or sub-licensees. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify Tamarack immediately via our contact form.

PRIVACY PRACTICES: Tamarack does not share your email address with any third parties. Your email address will only be used if you wish to receive a new password or wish to receive certain news or notifications by e-mail.

DISCLAIMER OF WARRANTY: THE CONTENT DISCUSSED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TAMARACK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TAMARACK, ITS CONTENT PROVIDERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT ON THIS SITE, EVEN IF TAMARACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR TRANSMISSIONS: You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. No unauthorized advertising of products or services is permitted. If you post information, data, text, or other content on publicly accessible areas of the Site or provide Tamarack with information, including but not limited to, feed-back data, answers, questions, comments, suggestions, plans, ideas or the like, such information or content shall be deemed to be non-confidential and Tamarack shall be free to use, reproduce, disclose or distribute the information to others without restriction. Tamarack reserves the right to edit, censure or delete all postings. If you see an objectionable post, you may report it via Tamarack's contact form. If we determine that removal of the post is necessary, we will make every effort to do so in a reasonable time frame. If the content of your posting subjects Tamarack to liability, you agree to defend and hold Tamarack harmless from such liability.

REMEDIES FOR VIOLATIONS: Tamarack reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Site and its Content.

GOVERNING LAW AND JURISDICTION: These Terms and Conditions are governed by and construed in accordance with the laws of the State of Michigan.

SEVERABILITY OF PROVISIONS: If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

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