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General Your access to and use of this site are subject to the following Terms of Use, as well as applicable laws. By accessing www.tier.com (the Web site), you agree to be bound by them. Tier may change these Terms of Use at any time without notice. Your use of this site following any such change constitutes your agreement to follow the terms and conditions as changed. Tier reserves the right to deny you access to this site at Tier's sole discretion, if you fail to comply with any of these Terms of Use. Changes to the Web Site Tier may alter (including, but not limited to, making changes to document names, content and product specifications), suspend, or discontinue this Web site at any time, for any reason, without notice or liability to anyone. This Web site may become unavailable as a result of problems with computer equipment or software or for other reasons. Copyrights, Trademarks, and Other Intellectual Property All designs, text, graphics, images and other materials posted on this site are the property of Tier Technologies, Inc. or other individuals or entities. "Tier®", "Tier Technologies®", and Tier's other brand names and logos are trademarks or registered trademarks of Tier Technologies, Inc. All other trademarks or logos that appear in this site are the property of their respective owners. Access to and use of this site are solely for your personal entertainment, information, education, and communication to Tier. Without Tier's prior written consent, you may not copy, download, reproduce, use, modify, or distribute such materials in any way, nor may you use Tier's names, logos, trademarks, and service marks of Tier Technologies, Inc. in any advertising or publicity, or otherwise to indicate sponsorship of or affiliation with any product or service. No right, title, or interest in any materials is transferred to you as a result of downloading or copying any such materials. All other rights are reserved. Communications You are and shall remain solely responsible for the content of any communications or materials you transmit to Tier via this site or Internet electronic mail. All such communications, including those containing proposals or ideas, shall be and remain the property of Tier. Tier is and shall be under no obligation (1) to keep confidential any such communication or the sender's identity; (2) to pay any compensation for using such communication; or (3) to respond to or post any such communication. You expressly disclaim and waive all rights in any such information or ideas that you submit to Tier, and agree that Tier will be free to use it in any way without any obligation to you. Furthermore, you represent that you are free to disclose such information, and that no other party has any rights in the information. Tier may, but shall not be obligated to, send electronic mail to you for the purpose of advising you of our receipt of your communication, changes or additions to this site, about any of Tier's products or services, or for such other purpose as Tier deems appropriate in its sole discretion. Tier's practices for using and disclosing online information are described in its Privacy Policy. Hyperlinks and Third Party Websites This Web site may include links providing information from and direct access to other Internet sites, including without limitation, Tier's filings with the U.S. Securities and Exchange Commission, stock price quotes, and other financial information. Tier makes no warranties whatsoever and takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Furthermore, any opinions, estimates, or forecasts of investment analysts or others regarding Tier's performance made in reports or other articles that are not directly released by Tier are those of the publisher alone and do not represent opinions, estimates, or forecasts of Tier or Tier's management. All such information and links provided on this Web site are intended solely for the convenience of users of this site and do not represent any endorsement, advertisement, or sponsorship of or concurrence with the linked sites or any information, products, or services contained in or offered through such sites. Availability of Products and Services This Web site may contain references to products or services that are either not available or are not approved for sale or delivery by the appropriate regulatory authorities in your location. References to such products or services on this web site is not intended to suggest that such products or services are or will be available in your location. Tier makes no representation that information on this Web site or the services described are available outside the United States. Any person who obtains access to or uses this Web site outside the United States does so on his own initiative and is responsible for compliance with any laws that apply to such access or use. Limitation of Warranty and Damage USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. Information and services are provided here as a benefit and service to the online community. The material could contain inaccuracies or be outdated. Tier makes no representations or warranties about the accuracy, timeliness, or suitability of this information and these services for any purpose. The information in these Web pages is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT of third-party rights, nor the accuracy or completeness or timeliness of any information herein or any information in any Web sites hyperlinked to this Web site. In no event will Tier be liable to any person for any damage of any kind for use of or reliance upon these materials, including any omissions in any materials. Arbitration Any dispute, controversy, or claim arising out of or relating to the use of this Web site or these Terms and Conditions of Use shall be resolved by a single arbitrator, regardless of the amount in dispute, selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in English in Fairfax County, Virginia. The decision of the arbitrator shall be binding and enforceable by any state or federal court in Virginia, and you hereby consent to the personal jurisdiction of any state or federal court in Virginia for that purpose. The expense of the arbitration (excluding each party's own attorneys' fees, costs, and related expenses) shall initially be paid in equal shares by each side, but the total of such expenses plus any award of attorneys' fees, expenses, and costs shall finally be paid by the parties as the arbitrator determines. Nothing in these Terms of Service shall preclude Tier Technologies, Inc. from seeking provisional or equitable relief from any appropriate court to protect its rights prior to, pending or in the absence of such arbitration proceedings. Forward-Looking Information and Investment Considerations Certain statements contained in, or available by hyperlink from, this site regarding the future financial performance of the Company, the success of the Company's acquisitions, the development of the Company's services and markets, and future demand for the Company's services and other statements regarding matters that are not historical facts, are forward-looking statements. Such forward-looking statements include risks and uncertainties; consequently, actual results may differ materially from those expressed or implied thereby. Factors that could affect actual results include risks associated with the failure to obtain new contracts or contract renewals; the possible termination of projects by major clients or strategic partners; variations in the timing, initiation, or completion of client assignments; the Company's dependence on a limited number of large clients; the Company's ability to recruit, train, and retain IT professionals and key personnel; the failure to successfully integrate acquisitions in the Company; the Company's ability to effectively manage growth and acquisitions; risks associated with rapid technological advances; risks associated with international operations; and other risk factors listed from time to time in the Company's filings and reports with the Securities and Exchange Commission, including the Company's most recent Annual Report on Form 10-K and its most recent Quarterly Report on Form 10-Q. Investors should consider these cautionary statements when determining whether to invest in Tier stock. Governing Law These terms and conditions and your use of this site shall be construed in accordance with the laws of the Commonwealth of Virginia, without regard to any conflict of law provisions. Entire Agreement These Terms of Service constitute the entire Agreement between you and Tier with respect to the use of this Web site and supersede all previous and contemporaneous representations, negotiations, writings, and understandings, if any, relating to such subject matter. These Terms of Service may not be amended or modified except by Tier posting a change to this Web site. Severability The invalidity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provisions of these Terms of Service. Contact Questions about the Web site or these Terms of Use may be directed to: Tier Technologies, Inc. 10780 Parkridge Blvd., 4th Floor Reston, VA 20191 United States Telephone: (571) 382-1090 Facsimile: (571) 382-1002 info@tier.com |
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