TERMS OF USE FOR THIS WEB SITE:

Your access and use of this web site ("Site") is subject to the following terms and conditions ("Terms and Conditions"). If you do not agree to these Terms and Conditions, please do not use the Site. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials. Topaz Systems, Inc. reserves the right to change these Terms and Conditions without notice. Your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.

Topaz respects your privacy and is committed to protect the personal, corporate, design, use, application, and technical information that you share with us. Generally, you can browse through our Website without giving us any information about yourself. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this policy describes how we collect and use your personal information. This policy applies to the relationship between you and Topaz regardless of whether the information was gathered on this website, or was obtained via contact with any Topaz reseller, distributor, or partner, or was obtained, over the phone, via e-mail, during or personal visit or by any other means.

Topaz may collect personal or company information when you register with Topaz, or when you purchase or use Topaz products or services, when you contact us or participate in an online survey, when you contact tech support or sales, a Topaz reseller or distributor, or when you ask to be included in an email or other mailing list. Topaz may provide your information to a qualified reseller or distributor for the purpose of meeting your needs as a customer or potential customer of Topaz. THIS PRIVACY AND CONFIDENTIALITY AGREEMENT between you and Topaz prevents us from providing information to any third party other than a qualified Topaz reseller, distributor, or sales associate, without your express written consent. Similarly, only bona-fide customers, potential customers or partners of Topaz are allowed to use the Topaz Website. If you are a competitor, potential competitor, or intend to provide information obtained from this site to a Topaz competitor, you are not authorized to use this site.

Access to certain Topaz web pages and downloads require you to enter information about you, your company, and a Topaz product serial number. Topaz reserves the right to deny access to such web pages or downloads if the information you provide appears to be deceptive, incomplete, or does not reference a valid phone number of e-mail address associated with a business domain. The use of those web pages or downloaded software or examples is at your own risk and is not provided with any warranty covering fitness for use, or whatsoever by Topaz.

We give you the opportunity to "opt out" of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. At the present time, cookies are not used with the Topaz Website. When you browse our Website, you do so anonymously. We don't automatically collect personal information, including your email address. Our Website Server may log your IP address (the Internet address of your computer) as is standard practice in industry today. But we do not link your IP address to any personal information unless you have logged in to our Website.

Our Websites do not target and are not intended to attract children under the age of 13. Topaz does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

Topaz's Website contains links to other sites. Should you decide to link to any site from the Topaz Website, Topaz is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Topaz will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.

If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at legal@topazsystems.com

Topaz Systems, Inc. owns or licenses all materials on this Site ("Materials"). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may view and download the Materials for commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose without the express written permission of Topaz Systems.

Any software that is available on this Site ("Software") is the copyrighted work of Topaz Systems, Inc. and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, TOPAZ SYSTEMS, INC., DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Links to other web sites are provided solely as a convenience to you. Topaz Systems, Inc. does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.

SITE INFORMATION REGARDING TOPAZ SYSTEMS, INC., PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY TOPAZ SYSTEMS, INC. WITH RESPECT TO ANY PRODUCT OR SERVICE AND TOPAZ SYSTEMS, INC., HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

IN NO EVENT SHALL TOPAZ SYSTEMS, INC., ITS AFFILIATES, SUPPLIERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE ON THIS SITE.

IN NO EVENT SHALL TOPAZ SYSTEMS, INC., ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TOPAZ SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Topaz Systems, Inc. trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, but not limited to Topaz Systems, Inc.™, Topaz®, SignatureGem®, SigLite®, 1x5™, 4X3™, 4X5™, ClipGem®, KioskGem™, IDGem®, LinkGem®, SigPlus®, SigPlus Pro™, SigAnalyze™, DataGem™, the Paperless Edge™, and the Gem logo are trademarks of Topaz Systems, Inc. in the U.S. and/or other countries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Topaz Systems, Inc. or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that Topaz Systems, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law. All third-party trademarks within this Site are copyrights of their respected owners and are subject to each mark holder's respective terms of use.

Topaz products are covered under US patents including:

    7,190,815 - "Method for Authenticating an Electronic Signature".
    7,123,143 - "Wireless Signature Management System"
    6,972,754 - "Touchpad stylus having isolated low-mass contact element ".
    6,307,955 - "Electronic Signature Management System".
    5,122,623 - "Electromagnetic position transducer having active transmitting stylus".
    D532,009 - "Integrated signature pad and fingerprint reader".
    5,122,623 - "Electromagnetic position transducer having active transmitting
    5,120,908 - "Electromagnetic position transducer".

Additional patents are pending, and patent work is ongoing.
Use of Topaz's products in accordance with our instructions, to the best of our knowledge, does not infringe any patents. However, be aware that there are many patents in existence and modification of our products, or use of our products for other than their intended purpose, could run afoul of these patents.  It is the responsibility of Topaz customers to honor relevant patents.  U. S. Patent Nos. 5,120,906; 5,195,133; 5,227,590; 5,297,202; 5,322,978; 5,544,255; 5,647,017; 5,818,955; 6,064,751; 6,539,363, and others are patents that users of Topaz products should consider if modifications are to be made to our products or if our products are to be used for other than their intended purpose.  These patents may be obtained at http://www.uspto.gov/.