General Terms and Conditions
This “Terms of Use” is a binding contract between you and Primal Solutions, Inc.(“Primal”). The Terms of Use governs your use of Primal's Web site and the materials accessible on or from this site. Please read this Terms of Use carefully before accessing any part of the site. If you do not agree with this Terms of Use, or do not otherwise wish to be bound by the terms and conditions set forth herein, please do not access the Web site.

Intellectual Property
The information on this Web site, including without limitation the look and feel of the site and all design, text, images, trademarks, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented or discussed therein, is protected under United States and other copyright laws and is owned by Primal Solutions, Inc. or used under license from the owner of the respective intellectual property rights. In addition, all right, title and interest in all servers and server-based technology related to the site, including, without limitation, protocols, parameters, designs, specifications, user identification algorithms, and technology underlying such algorithms are owned by Primal. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Primal's prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. Primal's trademarks, tradenames, logos, images and service marks used on this site are the property of Primal and may not be used without prior written permission from Primal and then only with proper acknowledgment.

Confidential Information
Primal discourages you from sending or posting to the Primal Web site any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, Primal will assume that it is not confidential. By sending or posting any information or material, you grant Primal a worldwide, royalty free, unrestricted, fully transferable, perpetual and irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative works (as that term is defined by United States copyright laws) from, and distribute those materials or information (including any derivative works) in any form or medium anywhere, and you agree that Primal is free to use any ideas, concepts, know-how or techniques that you send or post for any purpose. In addition, by transmitting, uploading, posting or submitting any information to or through the site you warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of such information to or through the site does not violate any copyright or other laws.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
While Primal attempts to make sure that only accurate and up-to-date information is presented on this Web site, Primal assumes no responsibility for, and makes no representations with respect to, the accuracy of any information presented here. Therefore, the site and all materials and information contained therein are presented on an “AS IS” and “AS AVAILABLE” basis.

YOU EXPRESSLY AGREE THAT ENTERING OR USING THE SITE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR USE OF THE SITE, IS GIVEN OR ASSUMED BY PRIMAL; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. PRIMAL MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

PRIMAL DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF YOU TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

IN NO EVENT SHALL PRIMAL BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED IN THE SITE, LOSS OF PROGRAMS OR INFORMATION, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF PROFITS OR REVENUES), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SITE, EVEN IF PRIMAL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

IN NO EVENT SHALL PRIMAL BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SITE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

Forward-Looking Statements
This Web site may contain forward-looking statements. Actual results and performance may vary.

Privacy
Primal recognizes and respects the privacy of users of this Web site. When you choose to provide us with information about yourself (including, without limitation, (i) filling out Primal's online form to request a press kit, or (ii) sending a resume to Primal through the site), Primal will not share your information with any third party without your permission; provided, however, that Primal may store and disclose your personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to (i) protect the rights, safety or property of Primal or others (by way of example, and without limitation, Primal may disclose user information to unrelated parties in special cases when Primal has reason to believe that that disclosure is necessary to identify, contact, or bring legal action against a person or persons who may be causing injury to, or interference with, the rights or property of Primal or any third party), and (ii) conform to legal or regulatory requirements (by way of example, and without limitation, Primal may disclose information about individual users to law enforcement agencies, judicial or government authorities, or to other individuals or entities in response to subpoenas, court orders, or other legal processes).

Certain information that is not provided directly by anyone is collected by Primal regarding all users who browse the site. This “Aggregate Information” includes, but is not limited to a user's, (i) Internet browser type (e.g., Internet Explorer 5.5), (ii) IP address, (iii) resolution settings, (iv) platform type, and (v) originating urls. Primal uses Aggregate Information to (a) help diagnose problems with Primal's server(s), (b) measure usage of the site, (c) administer the site, (d) inform Primal's sponsors and business partners as to the number of users who fall into certain demographic categories, (e) provide Primal's sponsors and business partners with information regarding which users saw and clicked on certain advertisements on the site, or (f) perform statistical analyses of the collective characteristics and behavior of users to measure user demographics generally.

Primal takes extreme precautions to protect the information of its users. After users transmit personal information (including, without limitation, resumes) the information is encrypted and protected. Such user information resides on Primal's servers behind various firewalls to protect against loss, misuse, theft, and unauthorized modification, deletion, or alteration of the information contained therein. Only employees of Primal who require access to certain information to perform specific employment tasks are granted limited access to such information. Although Primal's measures exceed those of the Internet industry, Primal makes no claim or warranty as to the security or impenetrability of Primal's system under unusual circumstances or its resilience to future sophisticated attacks.

Primal is not targeting the site to children, and Primal does not intend to collect contact information from children under the age of 13. If you are under the age of 13, please do not email Primal, contact or attempt to use the site, submit information to or through the site, or ask Primal to email you. If you are under the age of 18, you should get permission from a parent or guardian before you email Primal, contact or attempt to use the site, submit information to or through the site, or ask Primal to email you.

When you view certain parts of the Web site, information may be stored on your computer. This information will be in the form of a “cookie” (small electronic data files that Primal can store on a user's hard drive for record keeping purposes) or similar file and will permit tailoring of the Web site to better match your interests and/or preferences. The use of cookies in standard in the Internet industry and many web sites use them. In addition, a user may modify his or her browser's settings to notify such user whenever a web site is going to deposit a cookie on such user's hard drive. The notification option generally gives the user the opportunity to decide whether to accept or refuse a cookie in each instance.

This Privacy section applies only to information collected while a user is on the Primal site. The site contains links (see “Linking” below) to other websites and, conversely, other websites may contain links to the Primal site.

Linking
As a convenience (and as discussed above), this Web site contains links to other sites that are not controlled by, or affiliated or associated with, Primal. Accordingly, Primal is not aware of and is not responsible for the privacy policies, practices, or content of such other websites, and, as such, does not make any representations concerning the privacy practices or terms of use of such sites, nor does Primal control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such sites. The inclusion or exclusion does not imply any endorsement by Primal of the site, the site's provider, or the information on the site. If you visit such other websites, Primal encourages you to read and become familiar with the privacy policies maintained by such other websites.

Governing Law
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims, actions, disputes, or demands relating to the Web site or to the materials on it. You agree to personal jurisdiction by and venue in the state and federal courts in Orange County, California.

Export Regulations
The site and the information and other content contained therein is further subject to United States export controls. No such information or content may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing the site or by downloading or using such information and/or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Entire Agreement
These Terms of Use contain the entire agreement between you and Primal regarding the use of the site. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.

Miscellaneous
Primal reserves the right in its sole discretion to (i) make improvements, corrections, adaptations, conversions and/or any other change in the site, or any part thereof, or (ii) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the site or any part thereof, without notice to any third party, for any reason or no reason.

Primal may change this Terms of Use from time to time, in its sole discretion, and without prior notice to you or any other user of the site. You may review the current Terms of Use at any time by visiting this “Terms of Use” page and users are responsible for reviewing the page from time to time to ensure compliance. Any changes to these Terms of Use shall become effective 3 days after the “last updated” date at the beginning of the respective Terms of Use.