** 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. |