TERMS & CONDITIONS

Acceptance of Terms

The services and/or materials Revolution Software Services ("Revolution") provides to you in connection with this web site ("Site") are subject to the following Terms of Use ("Terms"). By accessing, using, or registering to use the Software (as defined herein), Services (as defined herein) and/or Materials (as defined herein) from this Site you agree to follow and be bound by these Terms.

IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.

 

Description of Services

Revolution may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to the Terms.

Use of Software

Any software that is made available to download from this Site ("Software") is the copyrighted work of Revolution and/or its licensors (if any). You must be a registered Revolution subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the Revolution End User License Agreement ("Revolution License Agreement"), any use, reproduction or redistribution of the Software not in accordance with such Revolution License Agreement is prohibited.

Materials Available Pursuant to the Site

Subject to the Terms, Revolution authorizes you to view and use the information and materials obtained from this Site directly or sent by Revolution via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth above.

The origins of such materials may be internal or external to Revolution. While third party Materials are believed to be reliable, such third party Materials has not been independently authenticated, tested or verified in whole or in part by Revolution. All Materials provided on Revolution websites, including any material from third parties, is "as is," and Revolution makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. Revolution shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.

In addition, certain downloads from Revolution websites may contain third party software. Any download of software is governed by the terms of the Software License Agreement between Revolution and the user. Revolution makes no claims, representations or warranties that the software will operate properly, securely, effectively or efficiently. Revolution disclaims all liability concerning the download of software from the websites, including, but not limited to damage to the user's hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.

Limitation on Use

Unless otherwise specified in the Terms and/or the Revolution License Agreement, the Services and Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Revolution via email or post).

Confidentiality

You may obtain direct access via the Site to certain confidential information of Revolution and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Revolution and its suppliers.

Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Revolution's written request, You must cease use of Confidential Information and return or destroy it.

The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Revolution, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Revolution adequate to afford Revolution the opportunity to object to the disclosure.

Policy on Privacy

When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.

User Communications

The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others ("Communication Services"). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of Revolution violates community standards, will be removed and the account of the poster may, at Revolution's discretion, be revoked or suspended. Any material that meets the standards described above might be edited by Revolution solely for the purpose of clarity and length.

Materials Provided to Revolution or Posted at the Site

Revolution does not claim ownership of the materials you may provide to Revolution (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Revolution, its affiliated companies and necessary sub licensees a non-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all Revolution Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Revolution is under no obligation to post or use any Submission you may provide and Revolution may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent that the information you submit is not confidential.

Links To Other Web Sites

Links to third party web sites or content on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products, sweepstakes or materials found there, or any results that may be obtained from using them.

If you decide to access any of the third party sites linked to this Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on Revolution's Site, you do this entirely at your own risk.

Disclaimers/Warranty

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE REVOLUTION AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE REVOLUTION AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REVOLUTION, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither Revolution, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL REVOLUTION, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS , SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

General

Revolution may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. If you have comments or questions about our privacy policy, please contact Revolution. We will address any issue to the best of our ability.

Online 'Discussions'

The 'discussion group' facility provided is intended to provide you with access to exchange information between your peers in the industry. Appropriate non-offensive language within your responses or questions raised should be adhered to at all times. The discussion groups are NOT a replacement for help.rev.com.au and you are to refrain from soliciting services from other dealers to solve problems that are covered by the Revolution helpdesk. Revolution specialist staff have been assigned to each of the discussion groups to provide appropriate responses where required.  Inappropriate & unprofessional use of the discussion groups will result in access removal.