Atenga Terms of Use

These Terms of Use describe rules for visitors to this Atenga web site. This web site is owned and operated by Atenga. Atenga is the name we use to refer to our whole business, including Atenga, Inc. and any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words we or our, we mean Atenga. Atenga also operates other web sites. These Terms of Use do not apply to our other web sites. You should review the terms of use posted on these Atenga web sites when you visit them.

These Terms of Use were last updated on December 27, 2006. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the web site. By using this web site, it means you accept the most recent version of the Terms of Use.

ABOUT THE INFORMATION ON THIS WEB SITE. Much of the information on this web site relates to products and services offered by Atenga. The materials on this web site are for your general information only.

This web site contains information about products and therapies authorized in the United States, and is intended for an United States audience. If you live outside the U.S., you may see information on this web site about products or therapies that are not available or authorized in your country.

OUR COPYRIGHTS AND TRADEMARK. The materials on this web site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of this web site. These special rules will be posted near the materials.

If you use the materials or trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.

LINKS TO THIS WEB SITE AND USE OF ATENGA MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. Atenga reserves the right to revoke this license generally, or your right to use specific links, at any time. If Atenga revokes this license, you agree to remove and disable any and all of your links to this web site immediately.

You agree not to present the link to this web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the Atenga logo or trademark in any manner without our prior written permission.

LINKS TO OTHER WEB SITES This web site may contain links to web sites not operated by Atenga. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of Atenga products. We are not responsible for the performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this web site, we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant Atenga an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Atenga is free to use them for any purpose.

NO WARRANTIES. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ATENGA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATENGA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

ATENGA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER ATENGA NOR ANY PERSON OR COMPANY ASSOCIATED WITH ATENGA SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ATENGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF ATENGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ATENGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF ATENGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THIS WEB SITE. In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site, such as when you purchase enhanced services, or by following a link from this web site. Please read our Privacy Statement to learn how we protect and use information that we gather through this web site.

Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Atenga harmless against any liability for that harm.

By using this web site, you agree that the only proper jurisdiction and venue for any dispute with Atenga, or in any way relating to your use of this web site, is in the state and federal courts in the California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Atenga or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles, and the federal laws of the United States.

QUESTIONS, COMMENTS, AND NOTICES. Atenga may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by First Class U.S. Mail to your address on record with Atenga. You may deliver notice to Atenga by using the Contact Atenga feature, or at:

    Atenga Inc

    5850 Canoga Ave, Ste 400

    Woodland Hills, CA 91367

    Attention: Webmaster

© Atenga, Inc. 2006

Atenga Privacy Statement

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY. Privacy is very important to us. We also understand that privacy is very important to you. This Privacy Statement tells you how we protect and use information that we gather through this Atenga web site. This web site and this Privacy Statement are intended for an U.S. audience.

This Privacy Statement was last revised on December 27, 2006. We may change this Privacy Statement at any time and for any reason. We encourage you to review this Privacy Statement each time you visit the web site.

By using this web site, you agree to the terms of the most recent version of this Privacy Statement. Please read our Terms of Use to understand the general rules about your use of this web site. Except as written in any other disclaimers, policies, terms of use, or other notices on this web site, this Privacy Statement and the Terms of Use are the complete agreement between you and Atenga with respect to your use of this web site. You may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site, or by following a link from this web site.

INTRODUCTION

The information we receive, and how we use it, depends on what you do when visiting our web site. We collect and use your non-personal information (information that is not identifiable to you personally) differently than your personal information.

WHAT IS NON-PERSONAL INFORMATION?

Non-personal information is information we collect through this web site that does not identify you as an individual person. It may include information such as the following:

    * the type of web browser software you use (for example, Netscape Navigator or Internet Explorer)

    * the name of the domain from which you access the Internet

    * the Internet address of the web site from which you linked directly to our web site

    * the date and time you access our web site

    * which pages you have visited on our web site

    * personal information that has been de-identified

If you visit our web site to read information, such as information about one of our products, we may collect certain non-personal information about you from your computer. This information is collected from your computer's web browser: If you only read or download information on our web site, we do not collect or learn your name, e-mail address, home address, or other personal information about you. We may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer's hard drive. The information that we collect using cookies is non-personal information. US Government Information Bulletin (I-034) contains a good description of cookie technology at: http://www.ciac.org/ciac/bulletins/i-034.shtml. You are always free to decline our cookies if your browser permits, but some parts of our web site may not work properly for you if you do so. We will not allow third parties to place cookies on our web site.

WHAT DOES ATENGA DO WITH NON-PERSONAL INFORMATION?

Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. We are always looking for ways to better serve you and improve this web site. We will use non-personal information from you to help us make this web site more useful to visitors. We also will use non-personal information for other business purposes. For example, we may use non-personal information or aggregate de-identified personal information to:

    * create reports for internal use to develop programs, products, services or content

    * customize the information or services that are of interest to you

    * share it with or sell it to third parties

    * provide aggregated "traffic statistics" and "response rates" to third parties

WHAT IS PERSONAL INFORMATION?

Personal information is information we collect through this web site that we can use to specifically identify you, such as your:

    * name

    * company

    * address

    * telephone number

    * e-mail address

In some places on this web site you have the opportunity to send us personal information about yourself. For example, you may fill out a registration form, a survey, or an e-mail form.

You also may choose to allow us to personalize your visits to the web site, in which case we will ask you for certain personal information to make your visits to our web site more helpful to you. When this information is combined with the non-personal information that we collect through cookies (described above), we will be able to tell that you have visited our web site before and can personalize your access to our web site, for example, by telling you about new features that may be of interest to you.

HOW DOES ATENGA KEEP AND USE PERSONAL INFORMATION?

We may keep and use personal information we collect from you through this web site to provide you with access to this web site. In addition, we may keep and use your personal information:

    * to respond to your requests

    * to personalize your access to our web site, for example, by telling you about new features that may be of interest to you

    * to develop records, including records of your personal information

    * to contact you with information that might be of interest to you, including information about products and services of ours and of others

    * for analytical purposes and to research, develop and improve programs, products, services and content

    * to remove your personal identifiers (your name, e-mail address, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.

    * to enforce this Privacy Statement and other rules about your use of this web site

    * to protect our rights or property

* to comply with a law or regulation, court order or other legal process

DOES ATENGA EVER SHARE PERSONAL INFORMATION WITH THIRD PARTIES?

Atenga will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Statement.

In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf. For example, we may use different service provides to send you information of Atenga’s services. In these cases, we provide the service provider with information such as your name and email address. In all cases in which we share your personal information with a third party, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition.

We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior which is harmful to other visitors (or illegal).

We may disclose your personal information to third parties if we feel that the disclosure is necessary to:

    * enforce this Privacy Statement and the other rules about your use of this web site

    * protect our rights or property

    * protect someone's health, safety or welfare

    * comply with a law or regulation, court order or other legal process

Please note: In addition to the ways that we may keep, disclose, and use information described in this Privacy Statement, we also may keep, disclose, and use personally identifiable information that you give us through this web site in ways that we believe are consistent with governmental guidance, directions, regulations, and laws.

WHAT HAPPENS IF THE PRIVACY STATEMENT CHANGES?

If we decide to make a significant change to our Privacy Statement, we will post a notice on the homepage of our web site for a period of time after the change is made.

WHAT ABOUT PRIVACY ON OTHER WEB SITES?

This web site may contain links to other web sites. Some of those web sites may be operated by Atenga, and some may be operated by third parties. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of web sites operated by others. This Privacy Statement does not apply to any other web site, even the other Atenga web sites. We are not responsible for the performance of web sites operated by third parties or for your business dealings with them. Therefore, whenever you leave this web site we recommend that you review each web site's privacy practices and make your own conclusions regarding the adequacy of these practices.

DOES ATENGA EVER COMMUNICATE DIRECTLY WITH VISITORS TO THIS WEB SITE?

We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we will send you a response via e-mail. The e-mail response or confirmation may include your personal information, your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

WHAT ABOUT WEB SITE SECURITY?

We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail

HOW TO CONTACT ATENGA.

If you have questions or comments about this Privacy Statement, please use the Contact Atenga feature at the bottom of your screen or contact us at:

    Atenga Inc

    5850 Canoga Ave, Ste 400

    Woodland Hills, CA 91367

    Attention: Webmaster

© Atenga, Inc. 2006