4S reserves the right to change these terms and conditions from time to time by posting a revised TOS. Your continued use of this Site following any change is acceptance of any changes to the TOS. Please review the TOS periodically.

TERMS AND CONDITIONS

1. LICENSE GRANT. This TOS provides you with a revocable, limited, non-exclusive, non-transferable license to use this Site under the following terms and conditions. You may print and download material from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such material. You expressly acknowledge that 4S transfers no ownership or intellectual property interest in and to the Site to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, create derivative works, copy, distribute, decompile, disassemble, publish, remove or alter any proprietary notices or labels, sublicense, transfer, sell, frame, or otherwise use the Site in any manner not expressly permitted in this TOS. COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY 4S TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. 4S'S ROLE. 4S is an intermediary that operates an information technology business-to-business exchange through the Site. You assume all responsibility concerning your use of the Site. In particular, you are solely responsible for your interaction with decision-makers and solution providers through the Site. 4S assumes no responsibility or liability for any claims that may result directly or indirectly from communications or interactions you establish through the Site.
4. YOUR OBLIGATIONS. By using this Site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration form. 4S reserves the right to terminate your use of this Site if you fail to do so. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site and agree not to interfere with others' use and enjoyment of this Site or 4S's operation or management of this Site. You agree not to impersonate any other person or entity, whether actual or fictitious, when using this Site.
5. PROPRIETARY RIGHTS. All programs, software, products, information, documentation, and information contained on or available through the Site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, 4S does not grant to you or any other person of this Site any intellectual or proprietary rights. Unauthorized use of this Site may violate intellectual property or proprietary rights as well as other laws. 4S actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2000 4S, Inc. and/or its licensors. All rights reserved. 4S owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. 4S and all other names, logos, and icons identifying 4S and its products and services are proprietary trademarks of 4S, and any use of such marks without the express written permission of 4S is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. PRIVACY POLICY. 4S respects your privacy.Your use of this Site constitutes acceptance of 4S's information practices. Please see 4S's Privacy Policy for a summary of 4S's information practices.
7. PASSWORD POLICY. Use of restricted areas of this Site requires both log-in information ("User ID") and a password ("Password"). You may have only one User ID and corresponding Password. Anyone with knowledge of both your User ID and Password can gain access to the restricted portions of this Site. You agree to be solely responsible for the confidentiality and use of your User ID and Password and any communication entered through the Site with your User ID and Password. You will immediately notify 4S if your User ID and/or Password is compromised. 4S reserves the right to delete or change a User ID or Password at any time and for any reason.
8. RESPONSIBILITY FOR USE. Use of the Internet and the Site is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations, and although 4S has taken steps to create a secure and reliable Site, the confidentiality of any communication or material transmitted via the Site cannot be guaranteed. 4S is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this Site.
9. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. 4S has the right, but not the obligation, to view, monitor, and record activity on the Site without notice or permission from you. 4S may disclose such information if required to do so by law. 4S will comply with all court orders involving requests for such information.
10. ACCEPTABLE USE POLICY. You will not post or transmit material via the Site, or any of the Site's forums (including but not limited to bulletin boards, message boards, chat rooms, on-line communities, or other communication forums) that:
· interferes with or disrupts the Site or the operation thereof,
· defames, harasses, abuses, threatens, or infringes on the rights of others,
· infringes on the intellectual property or proprietary rights of third parties,
· violates other contractual or fiduciary rights, duties, or agreements,
· is bigoted, hateful, or racially offensive,
· encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction,
· constitutes anti-competitive collaboration and/or antitrust violations,
· contains obscene, pornographic, or otherwise objectionable material,
· misrepresents your affiliation with any entity and/or 4S,
· chain letters or pyramid schemes,
· constitutes junk mail, unsolicited commercial e-mail (spam), or unauthorized advertising or promotional materials,
· are "off-topic" for a designated forum,
· solicits or encourages others to become affiliated or do business with competitors of 4S, or
· contain viruses, trojan horses, or similar harmful programming code designed to damage the operation of another's computer.
11. VIOLATIONS OF TOS. 4S has the right, but not the obligation, to monitor information posted to or transmitted through the Site. 4S reserves the right to delete or take other action with respect to postings that 4S believes in good faith violate this TOS or are potentially unlawful. If you violate this TOS, 4S may, in its sole discretion, issue you a warning and/or terminate your use of the Site. If you become aware of postings OR information on the Site that violate these rules, you may contact info@4s-systems.com
12. PERMISSION TO USE POSTINGS. By using the Site to transmit information, you grant 4S a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right to reproduce, publish, create derivative works from, distribute, transmit, perform, display and otherwise use such information and to incorporate such information into other works in any form, media, or technology now known or later developed. Notwithstanding this grant, merely permitting your information, content, and materials to appear on this Site, 4S has not become and is not a publisher of such information, content, and materials.
13. THIRD PARTY PRODUCTS/SERVICES. 4S makes no representations with respect to, nor guarantees or endorses, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of any third party products, services, or any materials available through the Site. 4S expressly disclaims responsibility and liability for all third party provided materials, products, and services. 4S, in its sole discretion, may post the advertisements of third parties on this Site. Your dealings with advertisers found on this Site are solely between you and such advertiser. 4S shall not be responsible for any loss or damage incurred as a result of any such dealings. 4S shall not be responsible or liable for the statements or conduct of any third party on this Site.
14. LINKS TO OTHER SITES. 4S may provide links to other sites for your convenience. These sites have not necessarily been reviewed by 4S and are maintained by third parties over which 4S exercises no control. 4S expressly disclaims any responsibility for the content, materials, accuracy of the information, and/or quality of the products or services provided by or advertised on these third party web sites. These links do not imply an endorsement with respect to any third party products or services.
15. EVENTS BEYOND 4S'S CONTROL. 4S is not responsible for any harm resulting from a cause beyond 4S's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, computer viruses, unauthorized access, theft, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
16. DISCLAIMER. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY FROM 4S OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 4S MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. 4S MAKES NO WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, OR SERVICES, AVAILABLE THROUGH THIS SITE.
17. LIMITATION OF LIABILITY. IN NO EVENT SHALL 4S BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF 4S HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. THE TOTAL LIABILITY FOR 4S FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO 4S IN CONNECTION YOUR USE OF THE SITE.
18. INDEMNITY. You agree to indemnify and hold harmless 4S and its affiliates and all of their employees, agents, directors, officers, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns from and against any and all claims, costs, and expenses (including reasonable attorneys' fees), relating to or arising from your use of the Site and any breach by you of this TOS.
19. GOVERNING LAW. This TOS is governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of laws. Any action to enforce this TOS will be brought in the federal or state courts presiding in Philadelphia, Pennsylvania, U.S. and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts.
20. SURVIVABILITY. The provisions concerning proprietary and intellectual property rights, permission to use postings, indemnification, disclaimers of warranty and liability, and governing law will survive the termination of this TOS for any reason.
21. WAIVER. No waiver by 4S of any right under this TOS will be deemed to be a waiver of that right at any other time or any other right or provision.
22. SEVERABILITY. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
23. RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency relationship exists between you and 4S as result of this TOS or your use of this Site.
24. ENTIRE AGREEMENT. This TOS and 4S'S Privacy Policy, represents the entire agreement between you and 4S with respect to use of the Site, and it supersedes all prior communications, whether electronic, oral, or written, between you and 4S with respect to this Site. 4S reserves the right to add or delete any aspect of this Site. Your continued use of this Site will be conclusively deemed acceptance of any change to this TOS or the Site.
25. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning 4S and its products or services, please contact 4S at info@4s-systems.com