THE TERMS AND CONDITIONS SET FORTH BELOW (THE
"TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD
WIDE WEB (THE "SITE") OF CALIBRUM CORPORATION ("CALIBRUM"),
AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR
OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED
ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED
TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS
SET FORTH BELOW.
General Use Restrictions
All information, documents, products, software
and services provided on this Site, including
trademarks, logos, graphics and images (the "Materials")
are provided to you by CALIBRUM and also by CALIBRUM's
suppliers, developers and vendors (the "Third
Party Providers"). The Materials are the copyrighted
work of CALIBRUM and/or the Third Party Providers,
as applicable.
CALIBRUM and/or the Third Party Providers, as
applicable, grant to you the limited right to
display the Materials only on your personal computer,
and to copy and download the Materials on this
Site, provided that: (1) both the CALIBRUM
copyright notice (set forth below) and this permission
notice appear in the Materials so displayed, copied
or downloaded, (2) such display, copy or download
is solely for your personal or internal informational
use (that is, not distributed or otherwise
transmitted outside of your company, or otherwise
broadcast in any media). You acknowledge and agree
that you have no right to modify, edit, alter
or enhance any of the Materials in any manner.
This limited license terminates automatically,
without notice to you, if you breach any of these
Terms. Upon termination of this limited license,
you agree to immediately destroy any downloaded
and printed Materials.
Except as stated herein, you acknowledge that
you have no right, title or interest in or to
the Materials on any legal basis, without the
advance written authorization of CALIBRUM or the
applicable Third Party Provider.
No Framing
You agree not to "frame" or "mirror"
any Materials contained on or accessible from
this Site on any other server or Internet-based
device without the advance written authorization
of CALIBRUM.
Third Party Interaction
In your use of the Site, you may enter into correspondence
with, purchase of good and/or services, or participate
in promotions of advertisers or members or sponsors
showing their goods and/or services on the Site.
Unless otherwise stated, any such correspondence,
purchase or promotion, including the delivery
of and the payment for goods and/or services,
and any other term, condition, warranty or representation
associated with such correspondence, purchase
or promotion, is solely between you and the applicable
third party. You agree that CALIBRUM has no liability,
obligation or responsibility for any such correspondence,
purchase or promotion between you and any such
third party.
Links to Third Party Sites
This Site may be linked to other sites on the
World Wide Web or Internet which are not under
the control of or maintained by CALIBRUM. Such
links do not constitute an endorsement by CALIBRUM
of those sites. You acknowledge that CALIBRUM is
providing these links to you only as a convenience,
and further agree that CALIBRUM is not responsible
for the content of such sites.
Password Restricted Areas of the Site
Certain areas of the Site are password restricted
to authorized users ("Restricted Areas").
If you are an authorized user of the Restricted
Areas, you agree that you are entirely responsible
for maintaining the confidentiality of your password
or your employees' passwords and account information,
if any, and agree to notify CALIBRUM if the password
is lost, stolen, disclosed to an unauthorized
third party, or otherwise may have been compromised.
You agree that you are entirely responsible for
any and all activities which occur under your
account, whether or not you are the individual
who undertakes such activities. You agree to immediately
notify CALIBRUM of any unauthorized use of your
account or any other breach of security in relation
to the Site known to you.
Submissions
You acknowledge that you are responsible for
the information and material that you submit (each
a "Submission"), and that you, and not
CALIBRUM, will have full responsibility for each
such Submission, including its legality, reliability,
appropriateness, originality and copyright. Unless
otherwise explicitly stated herein or in the Privacy
Policy, you agree that any Submission provided
by you in connection with this Site outside the
Restricted Areas is provided on a non-proprietary
and non-confidential basis. You agree that CALIBRUM
shall be free to use or disseminate a Submission
which is posted outside the Restricted Areas on
an unrestricted basis for any purpose.
Etiquette
Your conduct
should be guided by common sense and basic etiquette.
To further these common goals, you agree not to:
- Offer for sale products or services.
- Disparage the products or services of another
company or individual.
- Impersonate or represent CALIBRUM, CALIBRUM
staff or other industry professional.
- Link to content not allowed in the Site.
- Solicit a CALIBRUM member's password or other
account information.
- Harvest screen names for any purpose.
- Use racially or ethnically offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post
sexually explicit images (actual or simulated).
Unauthorized Activities
You acknowledge that your Submissions, and unauthorized use of any Materials
contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity,
certain communications statutes and regulations
and other applicable laws and regulations, and
agree that you are wholly responsible for your
actions or the actions of any person using your
screen name and/or password. As such, you agree
to hold CALIBRUM entirely harmless from and against
any and all costs, damages, liabilities, and expenses
(including attorneys' fees) incurred by CALIBRUM
in relation to, arising from or for the purpose
of avoiding any claim or demand from a third party
that your use of the Site or the use of the Site
by any person using your screen name and/or password
(including without limitation your participation
in the chat rooms or your Submissions) violates
any applicable law or regulation, or the rights
of any third party.
Disclaimer of Warranty
You acknowledge that the Materials have not been
independently verified or authenticated in whole
or in part by CALIBRUM, and agree that CALIBRUM
does not warrant the accuracy or timeliness of
the Materials, and further agree that CALIBRUM
has no liability for any errors or omissions in
the Materials, whether provided by CALIBRUM or
a Third Party Provider.
CALIBRUM, FOR ITSELF AND EACH OF THE THIRD
PARTY PROVIDERS, MAKES NO REPRESENTATIONS, WARRANTIES,
OR GUARANTEES AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION
OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT
LIMITATION THE MATERIALS AND THE SUBMISSIONS OR
OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SITE AND ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN
"AS IS" AND "WHERE-IS" BASIS, AND IS
FOR PERSONAL USE ONLY (NOT FOR RESALE OR OTHER
SUBSEQUENT COMMERCIAL USE BY YOU). ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, CALIBRUM SHALL NOT BE LIABLE TO YOU OR THIRD
PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED
AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING
ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE
OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT
SHALL CALIBRUM BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE
OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING,
WHETHER FOR BREACH OR IN TORT, EVEN IF CALIBRUM
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Local Laws; Export Control
CALIBRUM controls and operates this Site from
its headquarters in the United States of America
and makes no representation that the Materials
are appropriate or will be available for use in
other locations. If you use this Site from outside
the United States of America, you are entirely
responsible for compliance with applicable local
laws, including but not limited to the export
and import regulations of other countries in relation
to the Materials.
Unless otherwise explicitly stated, all marketing
or promotional materials found on this Site are
solely directed to individuals, companies or other
entities located in the United States.
You acknowledge and agree that the Materials
are subject to the U.S. Export Administration
Laws and Regulations, and that diversion of the
Materials contrary to U.S. law is prohibited.
You agree that none of the Materials, nor any
product or services acquired through the use of
the Site, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly,
to proscribed or embargoed countries or their
nationals, nor be used for nuclear activities,
chemical biological weapons, or missile projects,
unless specifically authorized by the U.S. Government
for such purposes. You agree to comply strictly
with all U.S. export laws and assume sole responsibility
for obtaining licenses to export or re-export
as may be required.
General
CALIBRUM does not monitor your data or transmissions,
yet, CALIBRUM does actively monitor accounts for
system utilization and billing records. However,
in CALIBRUM's efforts to promote good citizenship
within the Internet community, if CALIBRUM becomes
aware of inappropriate use of the Site or any
CALIBRUM service, CALIBRUM will respond. You acknowledge
that CALIBRUM will report to law enforcement authorities
any actions which may be considered illegal, as
well as any reports it receives of such conduct.
When requested, CALIBRUM will cooperate fully with
law enforcement agencies in any investigation
of alleged illegal activity on the Internet.
If you violate these Terms, CALIBRUM reserves
the right to terminate service to you without
notice. CALIBRUM's preferred course of action is
to advise you of your inappropriate behavior and
recommend any necessary corrective action. However,
flagrant violations of these Terms, as determined
by CALIBRUM in its sold discretion, will result
in immediate termination of service. In the event
that your account is temporarily inactivated as
a result of any prohibited activities, the account
may be subject to reactivation charges and/or
deposit requirements to be determined by CALIBRUM.
You understand that CALIBRUM has the right to terminate
any account for any reason that CALIBRUM interprets
as an abuse of the account. Your sole recourse
and remedy is to receive a refund for prepaid
but unused services. If applicable.
You acknowledge and agree that this Site may
include certain inaccuracies or typographical
errors which may affect the quality of the Materials.
In addition, you agree that CALIBRUM and the Third
Party Providers may make improvements and/or changes
in the products, services, programs, and prices
described in this Site, if any, at any time without
notice, and further agree that CALIBRUM can revise
these Terms at any time without notice by updating
this posting. You agree that your continued use
of the Site after such modifications have been
made constitutes your acceptance of such revised
Terms.
Any action related to these Terms will be governed
by Colorado law and controlling U.S. federal
law, without regard to the choice or conflicts
of law provisions of any jurisdiction. You agree
to submit to the jurisdiction of the courts located
in Denver County, in the State of Colorado,
for the resolution of all disputes arising from
or related to these Terms and/or your use of the
Site.
If any provision of these Terms is held by a
court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions
of the parties, with all other provisions remaining
in full force and effect. The failure of CALIBRUM
to enforce any right or provision in these Terms
shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by
CALIBRUM in writing. The Terms comprises the entire
agreement between you and CALIBRUM and supersede
all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding
the subject matter contained herein.
Trademarks
CALIBRUM, TRACKLET, SURVEYLET and STRATEGYLET are trademarks or registered
trademarks of CALIBRUM in the United States and
other countries.
Copyright Notice
Copyright 1999-2013, CALIBRUM CORPORATION. All rights reserved.
QUESTIONS. If you have questions about
this Terms of Use, please send e-mail to info@calibrum.com.
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