** ACCEPTANCE OF TERMS
**
Small & Medium Enterprise
("SME") provides you with this web site (the
"Site"), including all information, documents,
images, and files (collectively, the "Materials")
and all services operated by SME through its
network of web properties (collectively, the
"Services"), subject to the terms set forth in
this Terms of Use (the "TOU"). SME reserves the
right to update the TOU at any time at its sole
discretion without prior notice to you.
BY ACCESSING OR USING THIS SITE IN ANY WAY,
INCLUDING BUT NOT LIMITED TO BROWSING THE SITE,
DOWNLOADING ANY MATERIALS, USING ANY OF THE
SERVICES, YOU AGREE THAT THIS TOU IS ENFORCEABLE
LIKE ANY WRITTEN CONTRACT SIGNED BY YOU AND THAT
YOU BECOME BOUND BY THE TERMS OF THIS TOU. IF YOU
DO NOT AGREE TO ALL OF THE TERMS, CHECK THE "I DO
NOT AGREE" BUTTON, AND DO NOT PROCEED TO USE ANY
SERVICES IN THIS SITE. IF YOU BREACH ANY TERMS IN
THIS TOU, YOUR AUTHORIZATION TO USE THE SITE
AUTOMATICALLY TERMINATES, AND ANY MATERIALS
OBTAINED FROM THIS SITE IN VIOLATION OF THE TOU
MUST BE DESTROYED IMMEDIATELY.
** DEFINITION
**
This TOU is a legal agreement between
SME and those members, either individuals or
corporate entities, who are registered to use the
Services offered by SME (the "Members"). Please be
aware that you need to select a four to ten-digit
alphanumeric user ID (the "Member ID") and a four
to ten-digit alphanumeric password (the
"Password") during the registration process to
securely access to your account at this Site. You
will be also given a nine-digit alphanumeric code
(the "Member Code") generated by SME to identify
you as an individual member.
** USE OF SERVICES
**
To become a Member at this Site, you
are required to enter your corporate or personal
information faithfully, completely, and accurately
as prompted by the applicable registration form.
Any false information will be a basis on which
your membership shall be denied. You understand
and agree that SME reviews your information and
reserves the right to terminate your membership at
any time, without notice, for any reason
whatsoever, including but not limited to the lack
of necessary computing equipment and technical
incapabilities.
When using Services on this Site offered by
SME, you agree to follow the related guidelines
and rules. You also agree that you will not: 1)
use the Services in connection with surveys,
contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited
messages, whether commercial or personal; 2)
publish, upload, or distribute any inappropriate,
defamatory, threatening, abusive, vulgar, profane,
discourteous, pornographic or criminal material or
information; 3) use any material, including but
not limited to images or photographs, in any
manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right
of any party; and 4) upload files that contain
viruses, Trojan horses, worms, time bombs,
corrupted files, or any other similar programs
that may damage the operation of another person's
computer system.
SME has no obligation to
monitor the materials uploaded or posted by the
Members. However, SME reserves the right to review
and remove any materials in its sole discretion.
** INTELLECTUAL PROPERTY
**
The Materials and Services on this
Site are the intellectual property of SME and
protected by copyright, trademark, patent, and/or
other intellectual property laws. Any unauthorized
use of the Materials or Services on this Site may
violate such laws and the TOU. Except as expressly
provided herein, SME do not grant any rights,
whether express or implied, to use the Materials
and Services. You agree not to copy, reproduce,
republish, upload, post, frame, transmit, modify,
rent, lease, loan, sell, assign, distribute,
license, sublicense, reverse engineer, or create
derivative works based on the Site, its Materials,
or its Services.
** PRIVACY AND PROTECTION OF
PERSONAL INFORMATION **
Except as set
forth in the TOU, your personal information will
be deemed to be confidential. You agree that SME
may disclose your information if required to do so
by law or in the good faith belief that such
action is necessary. Please be aware that your
browser must be enabled to accept cookies to use
the Services restricted to the registered Members.
You also agree that SME may send you emails and
other communications to offer informative and
promotional material as related to your business.
** MEMBER ID, PASSWORD, MEMBER
CODE, AND SECURITY **
You are solely
responsible for maintaining the confidentiality of
your Member ID, Password, and Member Code. You
hereby agree to notify SME immediately of any
unauthorized use of your account or any other
breach of security.
SME WILL NOT BE RESPONSIBLE FOR ANY LOSS THAT
YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING
YOUR ACCOUNT. YOU MAY NOT USE ANYONE ELSE'S
ACCOUNT UNDER ANY CIRCUMSTANCES, WITHOUT THE
PERMISSION OF THE ACCOUNT HOLDER.
** WARRANTIES AND DISCLAIMERS
**
EXCEPT AS EXPRESSLY INDICATED
OTHERWISE IN A WRITTEN AGREEMENT, SME MAKES NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SITE
FOR ANY PURPOSE. ALL MATERIALS AND SERVICES
AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. SME HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE MATERIALS AND
SERVICES OF THE SITE, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SME MAKES NO
WARRANTY THAT: 1) THE MATERIALS AND SERVICES WILL
MEET YOUR REQUIREMENTS; 2) THE MATERIALS AND
SERVICES WILL BE UNINTERRUPTED, SECURE, OR
ERROR-FREE; 3) THE OUTCOMES OBTAINED FROM THE USE
OF THE MATERIALS OR SERVICES WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; 4) THE QUALITY OF ANY
SOFTWARE, MATERIALS, OR SERVICES AVAILABLE THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS; AND 5) ANY
DEFECTS IN THE SERVICES WILL BE CORRECTED.
THE
MATERIALS ON THIS SITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES TO
THE MATERIALS CAN BE MADE AT ANY TIME WITHOUT
NOTICE. THIS SITE MAY BE OUT OF DATE, AND SME
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR
SERVICES.
THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM
THAT RESULTS FROM THE USE OF THE SERVICES. SME
ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR THE
LIKE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE
SITE OR IN CONNECTION WITH ANY MATERIALS OR
SERVICES PROVIDED THROUGH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OFFERED BY
SME OR THIS SITE SHALL CREATE ANY ADDITIONAL
WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
** LIMITATION OF LIABILITY
**
UNDER NO CIRCUMSTANCES, SHALL SME,
ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, OR
PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT,
INCIDENTAL DAMAGES, OR ANY LOST DATA, LOST
PROFITS, LOST SAVINGS, INTERRUPTION OR THE LIKE,
ARISING OUT OF THE USE OR INABILITY TO USE THE
SITE, ITS MATIERALS, OR SERVICES, ANY UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA, ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT
OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA,
FILES, IMAGES, OR OTHER CONTENT, ANY SERVICES
AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR
INTERRUPTED, ANY WEB SITE REFERENCED OR LINKED TO
OR FROM THIS SITE, OR THIS TOU BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF ONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF SME OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, CLAIMS OR COSTS AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
SME'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES
FOR ANY CAUSE WHATSOEVER UNDER OR IN CONNECTION
WITH THIS TOU SHALL BE LIMITED TO THE AMOUNT PAID
FOR THE SERVICES, IF ANY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
** COPYRIGHT NOTICE
**
Copyright 1996-2003, SMBA (Small and
Medium Business Administration of Korea) and SBC
(Small Business Corporation). All rights reserved.
** GENERAL PROVISIONS
**
This TOU constitutes the entire
agreement between you and SME with respect to your
use of the Site. This TOU shall be governed by and
construed in accordance with the substantive laws
in force in the Republic of Korea and related
international treaties and laws. If any part of
this TOU is found void and unenforceable, it will
not affect the validity of the balance of the TOU,
which shall remain valid and enforceable according
to its terms. Any failure by SME to enforce any
part of the TOU or related right shall not
constitute a waiver of that provision or right.
This TOU is effective as of November 1, 2001
until terminated by either party. You may
terminate this agreement at any time by submitting
such a request to SME, discontinuing your use of
this Site, and destroying all Materials obtained
from the Site. Any Members registered before
November 1, 2001 shall be also bound by the terms
of this TOU.
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