CodeNotes® - Privacy Policy

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SUMMARY

CodeNotes takes your online privacy seriously. You may visit this site anonymously as often as you like without providing any personally identifying information (such as your name, address or e-mail address). We do not collect personally identifying information from you except when you specifically provide it, and we protect the information we receive. If you ask to be added to a newsletter or other subscription list, we will use a cookie to keep track of your requests so that you can easily check and revise your subscriptions. We also use cookies to identify your browser so that we can provide the best link to our site. We never share your e-mail address with third parties except, in rare instances, to protect our site or to enforce compliance with our terms of use. Please read below for a further explanation of what information we gather and how we use it.

THE INFORMATION YOU PROVIDE

As you explore our Web site, you will come across places in which we ask you to provide us voluntarily with information about yourself. In most of these instances we are seeking only your e-mail address so that we can send you the specific information that you request, such as a newsletter or online subscription. This is purely voluntary; if you do not wish to reveal your name or e-mail address you are free simply to ignore these offerings. If you decide to participate, we will not use your name or e-mail address for any purpose other than as stated, and will not sell or rent your name or address to third parties not affiliated with CodeNotes. At other places in this site, we ask for your feedback, opinion or suggestions, and provide you with a link for e-mailing us your response. We may also ask for your zip code or city of residence to gather geographical information about the visitors to our site. If you send your e-mail to us, it will include your e-mail address in the "From" line. But again, we promise to use the e-mail address we receive in this manner only for the purpose of responding to your questions or suggestions, and will not approach you with unsolicited offers or provide your e-mail address to anyone else. One last area in which we ask for your name is on bulletin boards or forums-places on the site where you can participate in a discussion of a particular subject by posting written comments which are then, in some cases, entirely public. We ask for a name simply so that other people reading a string of comments will be able to determine which comments come from the same person. You may, therefore, provide a nickname or alias, if you prefer, so that your identity is not disclosed. You should be aware that if you do voluntarily disclose personal information (e.g. user name, e-mail address) on the bulletin boards or forums, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. If you choose to participate anonymously, you should remember that you are still legally liable for the material you post, including claims of libel, invasion of privacy and copyright infringement.

COOKIES

Cookies are electronic tags that most major Web sites place on your computer in the process of sending your computer a file, such as a Web page. We use them in a limited fashion as well. In essence, a cookie is a unique bit of computer code that is placed on your computer the first time you visit our site. It tells us simply when a computer that has previously visited our site returns, and it identifies your computer's browser and operating system to help us make the best connection. We also use cookies to keep track of your subscriptions to various CodeNotes lists. In no event does the cookie we place on your computer tell us anything about your visits to other Web sites or your use of the Internet in any other way. If you would prefer not to receive any cookies, most browsers can be set to refuse cookies or to alert you when one is being sent. It is possible, however, that some portions of this site may not function properly if the cookies are disabled.

SECURITY OF PRIVATE INFORMATION

We would like to be able to tell you that the information you provide us is absolutely safe. Unfortunately, several well-publicized instances of computer security breaches make it impossible for anyone to be so confident. The most we can tell you is that we take reasonable steps to protect the information you provide us from theft, alteration or unauthorized inspection. In addition, in rare instances, we will disclose private information to necessary parties to protect our site or other visitors, or to enforce compliance with our Terms of Use.

RESTRICTIONS ON USE

This Web site is owned and operated by Infusion Development Corporation. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. Infusion Development Corporation retains the right, at its discretion, to change any of these terms in the future.

OWNERSHIP OF COPYRIGHT

This site contains material that is owned or licensed by Infusion Development Corporation. You may freely copy and use sample computer code found on this site. Provided that you retain any and all copyright, trademark and other proprietary notices, you may copy other material for your personal, non-commercial use. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any the structure, computer code, and software pertaining to the functioning of the site.

LICENSE TO INFUSION DEVELOPMENT CORPORATION

By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with Infusion Development through its Web site (a "Communication"), you are granting Infusion Development a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.

ADDITIONAL RULES

This Web site contains various bulletin boards and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these Terms to which you agree through your continued use of this site. Also, please note that your postings to any bulletin boards or forums on this site become immediately public and will be accessible to anyone on the Internet.

EXCLUSION OF LIABILITY

YOUR USE OF THIS WEB SITE IS "AS IS", AND INFUSION DEVELOPMENT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INFUSION DEVELOPMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFUSION DEVELOPMENT FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INFUSION DEVELOPMENT OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CODENOTES.COM SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE CODENOTES.COM SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INFUSION DEVELOPMENT RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

LINKS TO OTHER WEB SITES

Infusion Development Corporation may provide links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Neither Infusion Development Corporation, its subsidiaries or affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to the CodeNotes site and you should always review the terms and conditions of any site that you access through a link from this site.

INDEMNITY

You agree to defend, indemnify and hold Infusion Development Corporation and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. Infusion Development Corporation shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

TERMINATION

This agreement may be terminated by Infusion Development Corporation at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on Infusion Development Corporation's liability and on your use of CodeNotes material shall survive.

These Terms and Conditions, along with any additional rules or conditions referred to herein and the Infusion Development Corporation Privacy Policy, constitute the entire agreement and understanding between you and Infusion Development as to your use of the CodeNotes Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the CodeNotes web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

JURISDICTION

This agreement shall be governed by the laws of the State of New York without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of New York. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.