** 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.