TERMS AND CONDITIONS OF USE
OWNERSHIP AND SCOPE

 All of the text, data, information, material, graphics and the service marks, SandlerSpacesm, Sandler Sales Institute® available on this SandlerSpacesm web site (“Web Site”) (the “Content”), are owned by Sandler Systems, Inc. (“SSI”) and hosted/maintained by eCollaboration Corporation (“eCC”).  eCC owns or is licensed to use all software, hardware and related equipment used to operate the Web Site and the services made available therein (“Software”).  When you access, browse or use this Web Site you accept, without limitation or qualification, the terms and conditions set forth below.

  YOUR RIGHT TO USE THE WEB SITE AND ITS CONTENT

  You may not copy, distribute, exchange, modify, sell or transmit anything from this Web Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.  As long as you comply with these Terms and Conditions of Use, SSI grants you a non-exclusive, non-transferable, limited right to enter and use this Web Site.  You agree not to interrupt or attempt to interrupt the operation of this Web Site in any way.

  COPYRIGHT/TRADEMARK OWNERSHIP

 The Content and Software are protected by copyright under United States copyright law, international conventions, and other copyright laws.  You cannot use the Content, except as specified herein.  You agree to follow all instructions on this Web Site, limiting the way you may use the Content.  There are a number of proprietary logos, service marks and trademarks found on this Web Site.  By making them available on this Web Site, SSI is not granting you any license to utilize those proprietary logos, service marks, or trademarks.  Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. SSI and eCC intend to vigorously enforce the foregoing to the fullest extent permitted under the law.

TRANSMITTED MATERIAL

Internet transmissions are never completely private or secure.  You understand that any message or information you send to this Web Site may be read or intercepted by others unless there is a special notice that a particular message is encrypted (sent in code).

LINKS  

This Web Site may contain links to other Internet sites on the World Wide Web.  SSI provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Web Site.  Links from this Web Site to any other site do not mean that SSI approves of, endorses or recommends that site.  SSI disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

SSI’S RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR CONTENT ON THE WEB SITE

SSI may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice.  Any changes to these Terms and Conditions of Use or any terms posted on this Web Site apply as soon as they are posted.  By continuing to use the Web Site after any changes are posted, you are indicating your acceptance of those changes.  SSI may add, change, discontinue, remove or suspend any other Content posted on this Web Site, temporarily or permanently, at any time, without notice and without liability.

INDEMNIFICATION

You agree to indemnify, defend and hold SSI, eCC and all of their agents, directors, officers, employees, information providers, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants.  You will cooperate as fully as reasonably required in SSI’s and eCC’s defense of any claim.  SSI and eCC each reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SSI.

  DISCLAIMER OF WARRANTIES AND DAMAGES

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK.  THIS WEB SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, SSI AND ECC, THE WEB SITE DEVELOPER AND HOST, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THAT SSI AND ECC MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, CONFIDENTIALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEB SITE, OR (2) THAT THE SERVERS AND SOFTWARE THAT MAKE THIS WEB SITE AVAILABLE ARE FREE OF FLAWS, DEFECTS, VIRUSES OR OTHER COMPONENTS THAT MAY (A) CAUSE DELAYS OR TEMPORARY UNAVAILABILITY OF THE WEB SITE, OR (B) PERMIT ACCESS TO UNAUTHORIZED USERS, OR (C) INFECT, HARM OR CAUSE DAMAGE TO YOUR BUSINESS, COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE OR TRY TO USE THE WEB SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES, SHALL SSI OR ECC BE LIABLE FOR ANY INTERRUPTION IN SERVICE, TEMPORARY INABILITY TO ACCESS THE WEB SITE, DELAYS IN ACCESS, VIRUSES, LOSS OF DATA, ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE WEB SITE, OR OTHER TEMPORARY PROBLEMS, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE FOREGOING OR FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF THE WEB SITE OR THE PERFORMANCE OF SSI OR ECC.    

GENERAL PROVISIONS

These Terms and Conditions of Use and any additional terms posted on this Web Site together constitute the entire agreement between SSI and you with respect to your use of this Web Site.  Any cause of action you may have with respect to your use of this Web Site must be commenced within (1) year after the claim or cause of action arises.  If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.  These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without reference to its conflicts of law rules.

November 16, 2000; updated September 27, 2002