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Terms and Conditions
Terms of Use: 1. GENERAL These Terms of Use ("Terms") govern your access to and use of the ICon Professional Services web tool (the "Tool"). By clicking "I Agree" below and/or by using or accessing the Tool, you agree that you have read, understood, and accept these Terms. Please read this document very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, you may not use the Tool. To the extent that these Terms conflict with any executed agreement between you or your company and ICon Professional Services ("Executed Agreement"), the terms of such Executed Agreement shall control. 2. USE OF THE SERVICE You may only use the Tool for its intended purpose and solely in accordance with these Terms. As part of your use of the Tool, you may provide registration information. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information. You agree that you will use the Tool in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Tool in any manner that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, or is otherwise inconsistent with the intended use of the Tool. Violation of any of the foregoing or any other provision in these Terms or any Executed Agreement may result in immediate termination of your and others' accounts, and may subject you to state and federal penalties and other legal consequences. 3. CONFIDENTIALITY The Tool contains proprietary and confidential information of ICon Professional Services or ICon Professional Services's licensors as well as trade secrets owned by ICon Professional Services or ICon Professional Services's licensors. You agree to hold the Tool (including reports, questionnaires, documentation and the like) in strict confidence and not to use or disclose the same in any way except as expressly permitted hereunder. You agree to protect the Tool at least to the same extent that you protect your similar confidential information, but in no event less than reasonable care. 4. INTELLECTUAL PROPERTY ICon Professional Services shall own and retain all rights, title and interest in and to the Tool, including all software and data related thereto. You acknowledge that the software and data related to the Tool (including, without limitation, any usage data or derivative works thereof) are copyrighted by ICon Professional Services and may contain trade secrets or other intellectual property owned by ICon Professional Services. You agree that you will not copy, alter, modify, reverse engineer, or create derivative works of the Tool. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Tool. ICon Professional Services does not grant you any licenses, express or implied, to the intellectual property of ICon Professional Services or its licensors except as expressly stated herein. 5. LIMITATION OF LIABILITY THE TOOL IS PROVIDED "AS IS" AND ICON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL ICON BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE TOOL OR THE CONTENT CONTAINED THEREIN, EVEN IF ICON KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. 6. GENERAL THESE TERMS AND YOUR USE OF THE TOOL SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

I have read and understood and agree to the above terms and conditions.