Legal Notices
We, the Operators of this Website, provide it as a public service to our users.
Please
carefully review the following basic rules that govern your use of the
Website. Please note that your use of the Website constitutes your
unconditional agreement to follow and be bound by these Terms and
Conditions of Use. If you (the "User") do not agree to them, do not use
the Website, provide any materials to the Website or download any
materials from them.
The Operators reserve the right to update or
modify these Terms and Conditions at any time without prior notice to
User. Your use of the Website following any such change constitutes your
unconditional agreement to follow and be bound by these Terms and
Conditions as changed. For this reason, we encourage you to review these
Terms and Conditions of Use whenever you use the Website.
These
Terms and Conditions of Use apply to the use of the Website and do not
extend to any linked third party sites. These Terms and Conditions and
our Privacy Policy, which are hereby incorporated by reference, contain
the entire agreement (the “Agreement”) between you and the Operators
with respect to the Website. Any rights not expressly granted herein are
reserved.
Permitted and Prohibited Uses
You
may use the the Website for the sole purpose of sharing and exchanging
ideas with other Users. You may not use the the Website to violate any
applicable local, state, national, or international law, including
without limitation any applicable laws relating to antitrust or other
illegal trade or business practices, federal and state securities laws,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, and any U.S.
laws, rules, and regulations governing the export and re-export of
commodities or technical data.
You may not upload or transmit any
material that infringes or misappropriates any person''s copyright,
patent, trademark, or trade secret, or disclose via the the Website any
information the disclosure of which would constitute a violation of any
confidentiality obligations you may have.
You may not upload any
viruses, worms, Trojan horses, or other forms of harmful computer code,
nor subject the Website''s network or servers to unreasonable traffic
loads, or otherwise engage in conduct deemed disruptive to the ordinary
operation of the Website.
You are strictly prohibited from
communicating on or through the Website any unlawful, harmful,
offensive, threatening, abusive, libelous, harassing, defamatory,
vulgar, obscene, profane, hateful, fraudulent, sexually explicit,
racially, ethnically, or otherwise objectionable material of any sort,
including, but not limited to, any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law.
You are expressly prohibited from compiling
and using other Users'' personal information, including addresses,
telephone numbers, fax numbers, email addresses or other contact
information that may appear on the Website, for the purpose of creating
or compiling marketing and/or mailing lists and from sending other Users
unsolicited marketing materials, whether by facsimile, email, or other
technological means.
You also are expressly prohibited from
distributing Users'' personal information to third-party parties for
marketing purposes. The Operators shall deem the compiling of marketing
and mailing lists using Users'' personal information, the sending of
unsolicited marketing materials to Users, or the distribution of Users''
personal information to third parties for marketing purposes as a
material breach of these Terms and Conditions of Use, and the Operators
reserve the right to terminate or suspend your access to and use of the
Website and to suspend or revoke your membership in the consortium
without refund of any membership dues paid.
The Operators note
that unauthorized use of Users'' personal information in connection with
unsolicited marketing correspondence also may constitute violations of
various state and federal anti-spam statutes. The Operators reserve the
right to report the abuse of Users'' personal information to the
appropriate law enforcement and government authorities, and the
Operators will fully cooperate with any authorities investigating
violations of these laws.
User Submissions
The
Operators do not want to receive confidential or proprietary
information from you through the Website. Any material, information, or
other communication you transmit or post ("Contributions") to the
Website will be considered non-confidential.
All contributions to
this site are licensed by you under the MIT License to anyone who
wishes to use them, including the Operators.
If you work for a
company or at a University, it''s likely that you''re not the copyright
holder of anything you make, even in your free time. Before making
contributions to this site, get written permission from your employer.
User Discussion Lists and Forums
The
Operators may, but are not obligated to, monitor or review any areas on
the Website where users transmit or post communications or communicate
solely with each other, including but not limited to user forums and
email lists, and the content of any such communications. The Operators,
however, will have no liability related to the content of any such
communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. The Operators may edit or
remove content on the the Website at their discretion at any time.
Use of Personally Identifiable Information
Information
submitted to the Website is governed according to the Operators’s
current Privacy Policy and the stated license of this website.
You
agree to provide true, accurate, current, and complete information when
registering with the Website. It is your responsibility to maintain and
promptly update this account information to keep it true, accurate,
current, and complete. If you provides any information that is
fraudulent, untrue, inaccurate, incomplete, or not current, or we have
reasonable grounds to suspect that such information is fraudulent,
untrue, inaccurate, incomplete, or not current, we reserve the right to
suspend or terminate your account without notice and to refuse any and
all current and future use of the Website.
Although sections of
the Website may be viewed simply by visiting the Website, in order to
access some Content and/or additional features offered at the Website,
you may need to sign on as a guest or register as a member. If you
create an account on the Website, you may be asked to supply your name,
address, a User ID and password. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible
for all activities that occur in connection with your password or
account. You agree to immediately notify us of any unauthorized use of
either your password or account or any other breach of security. You
further agree that you will not permit others, including those whose
accounts have been terminated, to access the Website using your account
or User ID. You grant the Operators and all other persons or entities
involved in the operation of the Website the right to transmit, monitor,
retrieve, store, and use your information in connection with the
operation of the Website and in the provision of services to you. The
Operators cannot and do not assume any responsibility or liability for
any information you submit, or your or third parties’ use or misuse of
information transmitted or received using website.
Indemnification
You
agree to defend, indemnify and hold harmless the Operators, agents,
vendors or suppliers from and against any and all claims, damages, costs
and expenses, including reasonable attorneys'' fees, arising from or
related to your use or misuse of the Website, including, without
limitation, your violation of these Terms and Conditions, the
infringement by you, or any other subscriber or user of your account, of
any intellectual property right or other right of any person or entity.
Termination
These
Terms and Conditions of Use are effective until terminated by either
party. If you no longer agree to be bound by these Terms and Conditions,
you must cease use of the Website. If you are dissatisfied with the
Website, their content, or any of these terms, conditions, and policies,
your sole legal remedy is to discontinue using the Website. The
Operators reserve the right to terminate or suspend your access to and
use of the Website, or parts of the Website, without notice, if we
believe, in our sole discretion, that such use (i) is in violation of
any applicable law; (ii) is harmful to our interests or the interests,
including intellectual property or other rights, of another person or
entity; or (iii) where the Operators have reason to believe that you are
in violation of these Terms and Conditions of Use.
Warranty Disclaimer
The
website and associated materials are provided on an "as is" and "as
available" basis. To the full extent permissible by applicable law, the
operators disclaim all warranties, Express or implied, Including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. The operators may make no representation or warranty that the website will meet your requirements, or that your use of the website will be uninterrupted, timely, secure, or error free; nor do the operators make any representation or warranty as to the results that may be obtained from the use of the website . The operators make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website.
In no event shall the operators or any of their agents, vendors or suppliers be liable for any damages whatsoever
(including, without limitation, damages or LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR
INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU
UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE
DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS
OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR
REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE
WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE
OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE
WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY
LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE
THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR
SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY
INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA,
WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION,
EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED
OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
The operator''s total cumulative liability for any and all claims in connection with the website WILL NOT exceed five U.S. dollars ($5.00). user agrees and acknowledges that the foregoing limitations on liability are an essential basis of the bargain and that the operators would not provide website absent such limitation.
General
The
Website is hosted in the United States. The Operators make no claims
that the Content on the Website is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by
certain persons or in certain countries. If you access the Website from
outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. The
provisions of the UN Convention on Contracts for the International Sale
of Goods will not apply to these Terms. A party may give notice to the
other party only in writing at that party''s principal place of business,
attention of that party''s principal legal officer, or at such other
address or by such other method as the party shall specify in writing.
Notice shall be deemed given upon personal delivery or facsimile, or, if
sent by certified mail with postage prepaid, 5 business days after the
date of mailing, or, if sent by international overnight courier with
postage prepaid, 7 business days after the date of mailing. If any
provision herein is held to be unenforceable, the remaining provisions
will continue in full force without being affected in any way. Further,
the parties agree to replace such unenforceable provision with an
enforceable provision that most closely approximates the intent and
economic effect of the unenforceable provision. Section headings are for
reference purposes only and do not define, limit, construe or describe
the scope or extent of such section. The failure of the Operators to act
with respect to a breach of this Agreement by you or others does not
constitute a waiver and shall not limit the Operators'' rights with
respect to such breach or any subsequent breaches. Any action or
proceeding arising out of or related to this Agreement or User''s use of
the Website must be brought in the courts of the Commonwealth of
Virginia, and you consent to the exclusive personal jurisdiction and
venue of such courts. Any cause of action you may have with respect to
your use of the Website must be commenced within one (1) year after the
claim or cause of action arises. These Terms set forth the entire
understanding and agreement of the parties, and supersedes any and all
oral or written agreements or understandings between the parties, as to
their subject matter. The waiver of a breach of any provision of this
Agreement shall not be construed as a waiver of any other or subsequent
breach.
Links to Other Materials.
The Website may contain
links to sites owned or operated by independent third parties. These
links are provided for your convenience and reference only. We do not
control such sites and, therefore, we are not responsible for any
content posted on these sites. The fact that the Operators offer such
links should not be construed in any way as an endorsement,
authorization, or sponsorship of that site, its content or the companies
or products referenced therein, and the Operators reserve the right to
note its lack of affiliation, sponsorship, or endorsement on the
Website. If you decide to access any of the third party sites linked to
by the Website, you do this entirely at your own risk. Because some
sites employ automated search results or otherwise link you to sites
containing information that may be deemed inappropriate or offensive,
the Operators cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third party
sites, and you hereby irrevocably waive any claim against us with
respect to such sites.
Notification Of Possible Copyright Infringement
In
the event you believe that material or content published on the Website
may infringe on your copyright or that of another, please contact us.