April 2013
The Website at www.congamerge.com (“Website”) is owned and operated by AppExtremes, LLC dba Conga (“Conga”). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your access to or use of the Website constitutes your agreement to all such terms, conditions, and notices.

Website
The Website contains information about Conga and its products and services. You are free to browse the Website, but if you wish to purchase products or services from Conga, you will need to enter into Conga’s standard customer agreement and pay the applicable fees. To the extent you provide information through the Website, You must provide complete, accurate, and truthful information.

Use of Website and Information
You may use the Website and the content on the Website for your internal, personal use. You will not use any robot or any other automatic device and you will not use any manual process to monitor or to copy any information in the Website for any unauthorized purpose. You will not use any automatic device, software or other routine to interfere with or attempt to interfere with the functioning of the Website. You will not interfere with the operation of the Website or any other party’s use of the Website.

Links to Third Party Sites
The Website may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Conga and Conga is not responsible for the contents of any Linked Site, including without limitation any link contained in or content on a Linked Site, or any changes or updates to a Linked Site. Conga is not responsible for webcasting or any other form of transmission received from any Linked Site. Conga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Conga of the Linked Site or any association with its operators.

No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Conga that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

Materials Provided to Website or Posted at Any Website
Conga does not claim ownership of the materials you or other users provide to Conga (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Conga, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your user name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Conga is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Conga’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Privacy Policy
The collection and use of personal information is described in and governed by our Privacy Policy, which is available here: www.congamerge.com/privacy, and is incorporated herein by this reference.

Ownership
The Website, its underlying software and related technology, including all intellectual property rights therein, and our logos and trademarks are the property of Conga. You do not, acquire or have any ownership, license or other proprietary interest in the Website or any information contained on or provided by the Website. You acknowledge that the Website and its contents are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any material found on or through the Website without the express written consent of the owner of such material except as permitted by applicable law. All rights not expressly granted in the Terms are reserved by Conga.

Copyright Complaints
Conga respects the intellectual property of others, and expects its users to do the same. If you believe, in good faith, that any materials or content on the Website infringe upon your copyrights, please send the following information to Conga’s Copyright Agent by mail, email, or fax to: Copyright Agent, AppExtremes, Inc., 2655 West Midway Boulevard, Broomfield, CO. Phone: (303) 465-1616. Email: info@congamerge.com. Fax: (303) 465-3641.

  1. Identify the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the website where the material you claim is infringed is located. Include enough information to allow Conga to locate the material, and explain why you think an infringement has taken place. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site is allowed.
  2. Identify the allegedly infringing work and include information reasonably sufficient to allow us to locate the material — for example, the URL (Internet address) where it is posted on our Website;
  3. Your full legal name, mailing address, telephone number, and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Liability Disclaimer
You use the Website at your own risk. The Website is provided “as is” and “as available.” All information provided via this Website, including, without limitation, any product or service plans, statements of future directions, “white papers,” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Conga at any time, at its sole discretion, without notice. Conga assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CONGA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, FEATURES, OR FUNCTIONALITY CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, FEATURES AND FUNCTIONALITY ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CONGA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, FEATURES AND FUNCTIONALITY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONGA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, FEATURES, OR FUNCTIONALITY OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSTE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONGA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. CONGA’S CUMULATIVE LIABILITY TO YOU FOR YOUR USE OR ACCESS TO THE WEBSITE OR FEATURES AND FUNCTIONALITY PROVIDED THROUGH THE WEBSITE IS LIMITED TO $50.

Indemnification
You shall indemnify, defend, and hold Conga, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any claim, suite, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to your use of the Website, including, without limitation, any violations by you of the Terms and your use of or reliance on any search results.

Termination/Access Restriction
Conga reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

General
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A., without giving effect to its conflict of laws rules, and you hereby consent to the exclusive jurisdiction and venue of courts in Denver, Colorado, U.S.A., and all disputes arising out of or relating to the use of the Website or the Terms shall be brought only in those courts. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Conga as a result of this agreement or use of the Website. Conga’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Conga’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Conga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Conga with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Conga with respect to the Website.

Minors
The Website is not intended for or directed at children under the age of 13, and we do not knowingly collect any information from children under the age of 13.

Copyright and Trademark Notices
All contents of the Website are: Copyright 2006-2013, Conga. All rights reserved.

Modifications to These Terms
Conga reserves the right to change these Terms at any time by posting the revised Terms on the Website. If the changes are material, we will give you reasonable advance notice and an opportunity to review the changes before they become effective, such as by a prominent notice on our homepage. If you do not agree to the revised terms and conditions of the Terms of Use, you cannot use the Website.

Each version of these Terms will be identified at the top of the page by its effective date, and we will also keep prior versions of these Terms in an archive for your review.

Contact Us
Feel free to contact us with questions or comments at info@congamerge.com.