Terms of Use

These Terms of Use were last modified on September 8, 2012.

TERMS OF USE AND YOUR ACCEPTANCE OF THEM
READ BEFORE CONTINUING

This website is operated by Northwoods Software Corporation ("Northwoods"), a New Hampshire corporation.

Northwoods is pleased to provide you with the information, content, tools, products and services on all Northwoods Sites (the term "Northwoods Sites" refers to all Northwoods web sites, as well as to the content on them). Because these Terms of Use covers multiple web sites, some terms may refer to items that are available only on certain Northwoods Sites. These Terms of Use also include some important disclosures and information related to certain products and services. Your use of Northwoods Sites is subject to these Terms of Use ("Terms").

These Terms are a binding agreement between you and Northwoods. By using or accessing the Northwoods Sites, you accept and agree to be bound by these Terms. If you do not wish to be bound by this Terms of Use, you are not authorized to use the Northwoods Sites.

Your use of Northwoods Sites is governed by the version of the Terms in effect on the date each Northwoods Site is accessed by you. Northwoods may modify these Terms at any time and without prior notice. You should review the most current version of these Terms by visiting a Northwoods Site and clicking on the Terms of Use hyperlink located at the bottom of the page. Your use of a Northwoods Site after any changes have been posted will constitute your agreement to the modified Terms of Use.

These Terms are in addition to any other agreements between you and Northwoods, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Northwoods Sites.

USE OF NORTHWOODS SITES

The Northwoods Sites are intended for use solely by customers or potential customers of Northwoods ("you"), unless you and Northwoods have agreed otherwise in writing.

COPYRIGHT POLICY

Certain data, software, and other information is provided by Northwoods, or to Northwoods under license from other companies ("Suppliers") and is copyrighted and/or proprietary and confidential.

Accordingly, the Northwoods Sites are protected by applicable copyright laws. And, except for data tables, graphs, and spreadsheets specifically made available to you for download or direct viewing by the tools provided by the site for your personal use, you may not copy, distribute, modify, or post the Northwoods Sites, including any text, graphics, charts, tables, video, audio, software code, user interface design or logos.

CONTENT THAT YOU UPLOAD OR UTILIZE

Northwoods does not claim ownership of the content you submit or make available for inclusion on a Northwoods Site in order to utilize a Northwoods product or service, whether as part of a Free Trial or a paid Subscription. The Content is the property of the author of such content.

However, you agree to grant the Northwoods Site a royalty-free, right and license to use, reproduce, modify, adapt, store, and transmit, such Content in any format now known or hereafter created, as may be necessary to provide a Northwoods product or service to you or your authorized users, until such time as you have requested in writing that such Content be removed from the Northwoods Site. Northwoods shall have 60 days to comply with your removal request.

You agree to be fully responsible for your own content. You may cause a Northwoods Website to act as a venue for you to Post your content for use by other users or entities. While Northwoods has the right to refuse to post or to remove, edit or abridge any content for any reason, it is otherwise not involved in the decisions as to the content of its users. As a result, Northwoods has no control over the quality, accuracy or legality of the user content on a Northwoods Website. All content posted on a Northwoods Website is the sole responsibility of the person from whom such content originated.

TRADEMARKS

GoPlanogram™ and Northwoods Software® are trademarks of Northwoods Software Corporation.

All trademarks and service marks on the Northwoods Sites belong to Northwoods or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

TIMELINESS OF CONTENT

All content on the Northwoods Sites is presented only as of the date published or indicated, and may be superseded by subsequent data updates or for other reasons.

PROHIBITED USES

You agree not to use any Northwoods Website to:

  • Upload, post, email, transmit or otherwise make available ("Post") any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt the servers or networks connected to a Northwoods Website, or disobey any requirements, procedures, policies or regulations of networks connected to a Northwoods Website;
  • Violate any applicable local, state, national or international law, intentionally or unintentionally;

LINKS TO TH|IRD PARTY SITES

The Northwoods Sites may contain hyperlinks to web sites operated by persons other than Northwoods. You agree not to hold Northwoods responsible for the content or operation of such web sites. A hyperlink from the Northwoods Sites to another web site does not imply or mean that Northwoods endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Northwoods Sites.

MEANS OF ACCESS

Certain parts of the Northwoods Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Northwoods Sites, or to any other protected materials or information, through any means not intentionally made available by Northwoods for your specific use.

PASSWORD SECURITY AND NOTIFICATION

If you have a Password for access to non-public areas of the Northwoods Sites, you are solely responsible for all activities that occur in connection with your Password. Accordingly, you should take steps to protect the confidentiality of your Password. Notify Northwoods immediately if you become aware of any disclosure, loss, theft or unauthorized use of your Password.

DISCLAIMER OF WARRANTIES

NEITHER NORTHWOODS NOR ITS SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE NORTHWOODS SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE NORTHWOODS SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND NEITHER NORTHWOODS NOR ITS SUPPLIERS WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

NORTHWOODS AND/OR ITS SUPPLIERS DO NOT WARRANT THAT THE NORTHWOODS SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NORTHWOODS AND/OR ITS SUPPLIERS ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE NORTHWOODS SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NORTHWOODS SITES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

NEITHER NORTHWOODS NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE NORTHWOODS SITES, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF NORTHWOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

INDEMNIFICATION

As a condition of your use of the Northwoods Sites, you agree to indemnify and hold Northwoods and its officers, employees, and Suppliers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Northwoods Sites, or from your violation of these Terms.

CHANGES TO NORTHWOODS SITES

Unless otherwise agreed, Northwoods may discontinue or modify the Northwoods Sites at any time without prior notice to you, and you accept those modifications if you continue to use the Northwoods Sites.

TERMINATION

Northwoods may terminate your access to the Northwoods Sites for any reason, without prior notice.

GOVERNING LAW

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of New Hampshire, without regard to conflicts of law, and shall inure to the benefit of Northwoods' successors and assigns, whether by merger, consolidation, or otherwise.

SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Northwoods Software Corporation
142 Main St
Nashua, NH 03060
USA