Terms & Conditions

Effective Date: January 1, 2009

MouseDay.com (MouseDay) PROVIDES THIS WEB SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR CONSENT TO BE BOUND BY THEM. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

1. Limited License

As a user of this Web site you are granted a limited, non-transferable and non-exclusive license to access and use this Web site and content in accordance with these Terms and Conditions of Use (hereinafter "Agreement"). MouseDay may terminate this license at any time for any reason.

2. Limitations on Use

The content on this Web site is for planning purposes only and not for commercial exploitation. You may view and download materials from this Web site only on a single computer for training purposes, provided that you do not remove any copyright or other legal notices from any material downloaded from the Web site.

Except as provided above, you may not copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of this Web site. Any unauthorized use of this Web site or its content is prohibited.

You many not de-compile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or its content. Nor may you use network monitoring software to determine the site architecture and/or extract usage data. You may not use any robot, spider, or other automatic software device, to monitor or copy the Web site or its content without the prior written approval of MouseDay.

All rights not granted herein are expressly reserved to MouseDay.

3. Intellectual Property Rights Information

All pages within this Web site are the property of MouseDay, its licensors, and/or its affiliates and are protected by intellectual property law, including but not limited to, U.S. copyright laws, international conventions, and other copyright laws. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of MouseDay.

5. Disclaimers

Although MouseDay attempts to ensure the integrity and accurateness of the Web site, it makes no guarantees whatsoever as to the correctness or accuracy of the Web site. It is possible that the Web site could include inaccuracies or errors. In the event that an inaccuracy arises, please inform MouseDay by sending an email to support@mouseday.com.

MouseDay makes no representation that the materials contained in the site are appropriate or authorized to use in all countries, states, provinces, counties or any other jurisdictions. You may not use or otherwise export or re-export any portion of this Web site or its content in violation of the export control laws and regulations of the United States of America. If you choose to access this site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws.

THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEB SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND WEB SITE-RELATED SERVICES. MouseDay, ITS LICENSORS, AND/OR AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, WEB SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE AND/OR WEB SITE-RELATED SERVICES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES.

6. Links to Third Party Web Sites

As a convenience to you, the Web site may contain links to other web sites maintained by third parties. MouseDay, its licensors, and its affiliates do not operate or control, in any respect, or necessarily endorse the content found on such third-party web sites. You assume sole responsibility for your use of third-party links.

8. Miscellaneous

This Agreement is effective until terminated by MouseDay for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the site and immediately destroy all materials obtained from it.

This Agreement is entered into in the State of Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Hamilton in the State of Ohio, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. MouseDay may modify the terms of this Agreement by posting notice of such modification on a page of the Web site entitled "Legal Notices" or "Terms of Use" (or similar title) before the modification takes effect.