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Legal SITE CONTENTS Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, software video clips, and written and other materials that are part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FISMA Center. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by FISMA Center. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of, any such downloading or copying. You may not reproduce (except as noted herein), publish, transmit, distribute, display, modify, create derivative works from, reverse engineer, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Contents by reverse engineering, disassembly, de-compiling or otherwise. You shall not alter or remove any copyright notice or proprietary legend contained in the Contents. LAWFUL PURPOSE You shall use our Site for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by You that, at FISMA Center's discretion, restricts or inhibits any other User from enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of FISMA Center to become users of other services. You agree that all information posted on the Job Blog is accurate and is not misleading. You agree that all jobs posted on the Job Blog are real job requisitions. You agree not to use vulgar or profane language when posting to the Job Blog. You agree not to post pornographic language or materials to the Job Blog. TRADEMARKS AND COPYRIGHTED WORKS Names, words and designs used to identify services or products, for example, FISMA Center ™, are considered trademarks, service marks and/or logos. CFCP® is a registered mark with the U.S. Patent and Trademark Office and may only be used with express permission. FISMA Center's policy on trademarks, service marks and logos is designed to uphold the law. Products and services offered by FISMA Center are protected by trademarks or registered trademarks of FISMA Center. Other companies' names appearing in the Contents may be protected by trademarks of their respective owners. FISMA Center requires written permission from the copyright holder before FISMA Center will reproduce any copyrighted work. Copyright is a form of protection provided by the laws of the United States to the authors of original works. Copyrighted works include among other things: pictures, graphics, sculptures, architectural works, music and lyrics, literary works, dramatic works, pantomimes and choreographic works, audiovisual works and sound recordings. Possession or downloading of a web page, brochure, book, manuscript, painting, photography, computer software program or a copy of such items does not, by itself, give the possessor of these items the right to reproduce them. LINKING TO THE SITE FISMA Center is proud to provide this Site for your reference, and it is not necessary to receive FISMA Center's permission before creating a link to this Site. Should your link violate any of our stated conditions, upon request and under FISMA Center's terms and conditions, FISMA Center may require you to remove any links to this site. Please direct all inquiries on linking to this Site or using FISMA Center’s trademarks to webmaster@fismacenter.com. Any unauthorized links or false or misleading uses of this Site or FISMA Center's trademarks or service marks is prohibited. USER COMMENTS, FEEDBACK AND SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to FISMA Center on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain FISMA Center’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FISMA Center of all-worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FISMA Center will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FISMA Center is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments You make. PRODUCT INFORMATION / SERVICES OFFERED Products and services available for sale by FISMA Center ("Services") may be added, modified or removed without notice. Other terms and conditions may apply to FISMA Center's products and services, as may be specified in publicly-filed tariffs. LINKS TO OTHER WEB SITES AND SERVICES To the extent that this Site contains links to third-party services and resources, FISMA Center does not control the availability and content of these Sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third-party service or resource. FISMA CENTER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE, SITE, LINK, OR RESOURCE. NO WARRANTY THIS SITE AND ALL CONTENTS OF THE SITE AND THIS SITE'S AVAILABILITY ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FISMA CENTER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. ERRORS AND CORRECTIONS The contents of this Site could include technical or product description inaccuracies or typographical errors. FISMA Center may make improvements or changes to the Contents at any time. INDEMNIFICATION AND LIMITED LIABILITY You agree to defend, indemnify and hold FISMA Center, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees, agents harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. FISMA CENTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT FISMA CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FISMA CENTER SHALL NOT BE LIABLE FOR ANY DAMAGE THAT USER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. FISMA CENTER SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF USERS NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. THIS PROVISION DOES NOT LIMIT FISMA CENTER’S LIABILITY CAUSED BY FISMA CENTER'S NEGLIGENCE RECOGNIZED AND AWARDED IN A COURT OF LAW. TERMINATION This Agreement is effective until terminated by FISMA Center. Your continued use of the Site constitutes your adherence to the terms of this Agreement. Upon any termination of this Agreement (1) You shall not be authorized to access the Site or use any Contents, (2) FISMA Center may without notice deny Your access to the Site, and (3) You must promptly destroy all materials downloaded or otherwise obtained from this Extranet, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. The sections entitled Extranet Contents, Trademarks and Copyrighted Works, User Comments, Feedback and Submissions, No Warranty, Indemnification and Limited Liability, and Miscellaneous shall survive termination. This Agreement and any operating rules established by FISMA Center constitute the entire agreement of the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Maryland and You hereby submit the jurisdiction of said courts. The section headings used herein are for convenience only and shall not be given any legal import. (08062007.1) |
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