Willow Tree Farm

Effective Date: 1 Janaury 2014

General Information
Willow Tree Farm, Incorporated (“Willow Tree”) owns and operates this Web site (“Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services or systems operated by Willow Tree through the Site (collectively, the "Services") as a service to its visitors, subject to the following terms, conditions and restrictions. Willow Tree reserves the right to modify the content on the Site and these terms, conditions and restrictions periodically without prior notice.

Willow Tree monitors this Site for security purposes to insure it and its accompanying services remain available and to protect information in the systems it operates. Willow Tree utilizes software programs and additional equipment to monitor network traffic to identify unauthorized attempts to access, obtain, alter, damage or destroy information, or otherwise to interfere with the Services or their operation.

Anyone continuing to use this Site expressly consents to these terms, conditions and restrictions of use. If you do not agree to the terms, conditions and restrictions stated in this notice, please exit immediately.

Use of Content on the Site
You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Willow Tree without the express written consent of Willow Tree. You may not use any meta tags or any other "hidden text" utilizing Willow Tree's name or trademarks without the express written consent of Willow Tree. You may not use any Willow Tree logo or other proprietary graphic or trademark as part of any link without express written permission. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Willow Tree.

Intellectual Property
Willow Tree actively obtains worldwide protection for its intellectual property, and vigorously defends against any infringements.

Patent Information
Willow Tree owns one or more United States and international patents that apply to the Site and/or the products or services offered within the Site.

Copyright Information
The Site and the content within the Site are the property of Willow Tree and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Willow Tree. Willow Tree reserves all rights to the Site and its content not specifically granted in any agreements with Willow Tree or in the Terms of Use. Willow Tree has registered content within this Site with the United States Copyright Office, the Canadian Intellectual Property Office and other agencies.

Trademark Information
Willow Tree and other marks indicated in the Site are registered trademarks of Willow Tree in the United States and/or other countries. Other Willow Tree marks, graphics, logos, page headers, button icons and scripts noted on the Site are Willow Tree's service marks and trademarks and are the sole and exclusive property of Willow Tree. Willow Tree's service marks and trademarks may not be used in any manner without the written permission of Willow Tree. All other trademarks not owned by Willow Tree that appear on this site are the property of their respective owners, who may or may not be affiliated with, or connected to Willow Tree.

Other Intellectual Property Rights
Please note that any product, process or technology described in the Materials on this Site may be the subject of other intellectual property rights reserved by Willow Tree and are not licensed hereunder.

No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, restrictions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Willow Tree server, or the network(s) connected to any Willow Tree server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Willow Tree server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Other Prohibited Activity
In using this site, you must not: (a) post, send or otherwise transmit to or through the site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Willow Tree in its sole discretion does not wish posted or transmitted on the site; (b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same; (d) misrepresent your identity or affiliation in any way; (e) engage in any online marketing; (f) violate any applicable laws or regulations; or (g) assist or permit any persons in engaging in any of the activities described above.

Services Offered By Willow Tree on the Site
Willow Tree offers Services on the Site. When you enroll to obtain a Service from Willow Tree on the Site, you accept the specific agreement applicable to that Service. Your use of any such Service offered on the Site is governed by the terms and conditions in the agreement for that Service. Except as provided in an agreement for a specific Service, Willow Tree does not warrant that any product descriptions or content contained in this Site is accurate, current, reliable, complete, or error-free.

Personal Information and Privacy
To learn about how Willow Tree protects your personal information, such as your name and address, refer to the Willow Tree Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to Willow Tree will generally be deemed to NOT be confidential. You agree that any information or materials that you or individuals acting on your behalf provide to Willow Tree will not be considered confidential or proprietary. By providing any such information or materials to Willow Tree, you grant to Willow Tree an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Willow Tree is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Willow Tree. You further recognize that Willow Tree does not want you to, and you warrant that you shall not, provide any information or materials to Willow Tree that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Willow Tree or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use certain systems and services.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WILLOW TREE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WILLOW TREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity and Liability
You agree to indemnify and hold Willow Tree, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Monitoring
You agree that Willow Tree may monitor and review information you transmit over the Site. You agree that Willow Tree may censor, edit, remove or prohibit the transmission or receipt of any information that Willow Tree deems inappropriate or in violation of its Terms of Use, and use any such information as it deems necessary to protect the Site and/or to protect the rights or property of Willow Tree. You agree that Willow Tree may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring.

Usage Tracking
For security purposes, all usage of the services and systems, including the demonstration system, is tracked and detailed records of usage are maintained. These records of usage will not be shared with third parties, unless required by law, governmental regulations, or to protect the rights of Willow Tree or others.

Export Restrictions/Legal Compliance/Notice to U.S. Government Users
You may not access, download, use or export the Site, or the content, software, systems, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services, systems and products of Willow Tree in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Services of Willow Tree outside the U.S. Neither the Services of Willow Tree nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All Willow Tree products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Willow Tree from its offices within the state of California, United States of America. By accessing this Site, you and Willow Tree agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Willow Tree also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters.

Copyright/Trademark Information
Copyright © 2014, Willow Tree Farm, Incorporated. All rights reserved.