User account

BY CLICKING ON THE CREATE ACCOUNT BUTTON BELOW, YOU ARE AGREEING TO THE FOLLOWING ACCESS AGREEMENT FOR HYNOTE BACKSTAGE ("BACKSTAGE") DISCUSSION FORUMS

Introduction

As a condition of access, HyNote requires that any computer user wishing to participate in any manner in the Discussion Forums comply with the Rules and other terms of this Agreement. Your continued access to the Discussion Forums is contingent upon your acceptance and compliance with the Agreement.

If you have any questions about the Agreement, please let us know. You may reach us as follows:

HyNote Headquarters 401 N. Tryon Street, 10th Floor Charlotte, NC 28202 USA Phone: (888) HYNOTE 1 Fax: (888) 496-6932 International callers: +1 (704) 243-2800 E-mail: backstage@HyNote.com

Rules


1. The Discussion Forums of the HyNote BackStage Web Site are provided as a service to users. Any information posted by members must be related to the purposes of HyNote.

2. Users shall exercise both common sense and courtesy when transmitting messages. Users shall not use the Discussion Forums to transmit defamatory, disparaging, obscene or offensive materials or communications to anyone.

3. Users are prohibited from uploading or distributing articles, files, or other information subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights.

4. Users are prohibited from accessing the Discussion Forums to communicate with competitors about prices, pricing procedures, or terms of service or otherwise communicate in a manner that may violate federal or state antitrust laws. Since Web site communications may be downloaded without the knowledge of the sender, users should fully understand the antitrust laws as they apply to agreements among competitors and act in strict compliance with those laws.

5. Job postings and self/company promotion are not allowed in the Discussion Forums. Jobs and resumes can be posted in the HyNote Orchestra Online application.

6. Information posted in the Discussion Forums will not be treated as confidential. Responses to discussion topics are not to be relied on as professional opinions or consultations.

7. The Discussion Forums are not to be used to conduct any other activities that may be illegal. For example, the Forums shall not be used to encourage software infringement, spreading of computer viruses, breaking into private computer forums, gambling, or other crimes.

8. The Discussion Forums are not to be used in a manner that violates the bylaws or any other policies, procedures, rules or regulations of HyNote.

9. Respect the security of the Discussion Forums. Users shall not attempt to gain access to areas private to HyNote or its members.

Limitation of Liability and Indemnity

HyNote makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information posted in the Discussion Forums and assumes no responsibility or liability in connection with the use or misuse of such information. NEVERTHELESS, HYNOTE RETAINS THE RIGHT TO MONITOR POSTED INFORMATION AND REMOVE MESSAGES OR MATERIALS THAT IT BELIEVES ARE NOT IN THE BEST INTERESTS OF HYNOTE.

USERS HAVING ACCESS TO THE DISCUSSION FORUMS SHALL INDEMNIFY AND HOLD HYNOTE HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO ANY ACTS OR OMISSIONS BY USERS OR TO MATERIALS OR INFORMATION TRANSMITTED BY USERS IN CONNECTION WITH THE USE OF THE DISCUSSION FORUMS.

Choice of Law

This Agreement shall be governed in all respects by the laws of the State of North Carolina irrespective of its choice of law rules. In addition, members consent to be subject to the exclusive jurisdiction of the state and federal courts of Mecklenburg County, North Carolina in the event of any dispute between the parties.
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