COATSsql

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE OR ANY CONTENT OR SERVICES PROVIDED TO YOU ON OR THROUGH THE WEBSITE.

1. Acceptance

SARACH TECHNOLOGIES, LLC d/b/a “COATS” is the provider of the COATS website. By using or visiting the COATS website or accessing or downloading any Content, or services provided to you on, from, or through the COATS website (collectively the “Service”), you hereby agree to be legally bound by these Terms of Use. If you do not agree to any of these terms, please do not use the Service. Use of the Service is expressly subject to your agreement and compliance with these Terms of Use.

COATS software, associated services, and portal access are subject to the terms and conditions of the current COATS software license agreement and are not included within the definition of “Service” as used herein. Acceptance of these Terms of Use do not provide any license or right to any COATS software, associated services, or portal.

These Terms of Use shall apply regardless of the means by which the Service was accessed. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the then most current version at www.coatssql.com. COATS reserves that right to, and may, in its sole discretion, modify or revise these Terms of Use and policies at any time. Such modifications or revisions shall become effective immediately upon the posting thereof, and your continued use of the Service following the posting of such modifications or revisions will constitute your acceptance of the Terms of Use, and any such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Date of Last Modification: May 14, 2012

2. Service

These Terms of Use apply to all users of the Service. As used herein, “Content” means the documents, files, images, animation, multi-media content, sound samples, sound files or sound media, video samples, video files or video media, interactive content, data, scripts, utilities, features, tools, diagrams, pictures, text, links, information, and other content or materials of any kind you may view on, access through, or contribute to the Service.

The Service may contain links to third party websites or resources that are not owned or controlled by COATS. COATS does not endorse, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites or resources. By using the Service, you expressly relieve COATS from any and all liability arising from your use of any third party website or resource. Any concerns regarding any third party website or resource should be directed to its respective administrator, system operator, or webmaster.

For a downloadable version of the COATS Pricing and Technical Support Guide, click here.

3. COATS Accounts

In order to access some features of the Service, COATS will initially create an account for you. Contact COATS for your user name and password. Should your account become inactive, COATS has the right to suspend or terminate your account and refuse any and all current or future use of the Service. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify COATS immediately of any breach of security or unauthorized use of your account. Under no circumstances may you use another user’s account without permission.

4. General Use of the Service – Permissions and Restrictions

COATS hereby grants you permission to access and use the Service only for lawful purposes, as set forth in these Terms of Use, subject to the following limitations:

• You may not distribute in any form any part of the Service or the Content without COATS’ prior written authorization.
• You may not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the COATS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
• You agree not to upload virues or other malicious code, interrupt or attempt to interrupt the operation of the Service in any way, circumvent or attempt to circumvent any security feature of the Service, misuse or spoof any domain names associated with Service, redirect messages and communications to other sites, or do anything that might impair the functionality of the Service.

You acknowledge and agree that COATS may access, preserve and disclose your account information and Content if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of COATS, users and the public.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

• The Content, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to COATS, subject to copyright and other intellectual property rights under the law. You may not display or use the Marks in any manner without prior written consent, and nothing in these Terms of Use or on the Service shall be construed to grant any license or right to use any of the Marks without the prior written consent of COATS or the respective owner or licensor.
• All third-party trademarks are the property of their respective owners. Use of any third-party trademark or Content on the Service does not constitute or imply affiliation with or endorsement of COATS by these third parties. Nothing in the Agreement grants you any license to third-party trademarks or Content.
• Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You may not download, copy, distribute, exploit, or otherwise use any Content except as explicitly authorized by COATS or the respective licensors of the Content. COATS and all other licensors of Content reserve all rights not expressly granted in and to the Service and the Content.
• You may not circumvent, disable or otherwise interfere with security-related features of the Service, or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
• COATS is not responsible for the accuracy, propriety, usefulness, safety, or intellectual property rights of or relating to Content. You agree that COATS is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by your reliance on any Content, and you hereby waive any legal or equitable rights or remedies you have or may have against COATS with respect thereto. Content regarding COATS software, associated services, or portal access is provided as a courtesy only and COATS makes no representation or warranty by presentation of such Content.

6. Account Termination

COATS may terminate a user’s access to the Service, in whole or in part, at any time, and for any reason, including without limitation if, in COATS’ sole judgment, the user is determined to have violated these Terms of Use.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COATS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. COATS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COATS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER, EMBEDDED VIDEO, OR OTHER ADVERTISING, AND COATS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL COATS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COATS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR

ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by COATS from its facilities in the United States of America. COATS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless COATS, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

10. Your Ability to Accept Terms of Use

You affirm that you have reached the age of majority or greater and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. You acknowledge and agree, however, that COATS’ rights and obligations hereunder may be transferred or assigned by COATS without restriction.

12. General

The Service shall be deemed solely based in Virginia, and shall be deemed a passive website that does not give rise to personal jurisdiction over COATS, either specific or general, in jurisdictions other than Virginia. These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and COATS that arises in whole or in part from the Service shall be decided exclusively in the courts of the Commonwealth of Virginia, City of Virginia Beach, or if the party bringing suit can acquire jurisdiction, in the United States District Court for the Eastern District of Virginia, Norfolk Division, and you consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and irrevocably waive any objection to venue.

These Terms of Use, together with any other legal notices published by COATS on the Service, shall constitute the entire agreement between you and COATS concerning the Service.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and COATS’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.