Terms Of Use
BEFORE ACCESSING THIS SITE, YOU
SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR
USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU
ARE NOT GRANTED PERMISSION BY CDC ENTERPRISES, INC. TO ACCESS OR
OTHERWISE USE THIS SITE. ACCORDINGLY, PLEASE EXIT THIS SITE.
Welcome to the CDC Enterprises, Inc web site (also
referred to as the "Site") powered by CDC Enterprises, Inc, This
agreement contains the terms, covenants, conditions, and provisions (the
"Terms and Conditions") upon which you (also referred to herein as "User")
may access and use this Site.
Terms and Conditions
By accessing, viewing or using this Site,
you have entered into an Agreement and also you indicate that you understand these Terms and Conditions to be the legal equivalent
of a signed, written contract and equally binding, and that you accept such
Terms and Conditions and agree to be legally bound by them. Please note
that CDC Enterprises, Inc reserves the right to change the Terms and
Conditions under which this Site and its many offerings are extended to you.
Your continued use of this Site following such modifications will be
conclusively deemed acceptance of any changes to these Terms and Conditions.
Intellectual Property Rights. All material contained on this Site,
unless otherwise indicated, is protected by law including, but not limited
to, United States copyright, trade secret, and trademark law, as well as
other state, national, and international laws and regulations. Except as
expressly provided herein, CDC Enterprises, Inc does not grant any express
or implied right to you. Please be aware that CDC Enterprises, Inc actively
and aggressively enforces its intellectual property rights to the fullest
extent of the law. The contents of this Site are Copyright property of CDC
Enterprises, Inc, All rights reserved. CDC Enterprises, Inc also owns a
copyright in the Site as a collective work and/or compilation, and in the
selection, coordination, arrangement, and enhancement of this Site’s
content. CDC Enterprises, Inc, and all other names, logos, and icons
identifying CDC Enterprises, Inc's products and services are proprietary
marks of CDC Enterprises, Inc, Other product and company names
mentioned herein might be the trademarks of their respective owners.
Password Policy. Your use of certain portions of this
Site requires a password. Anyone with knowledge of your password can gain
access to the restricted portions of this Site and the information
available to you. Accordingly, you must keep your Password secret. By
agreeing to these Terms and Conditions, you agree to be solely responsible
for the confidentiality and use of your respective Password, as well as
for any communications entered through the Site using your Password. You
will also immediately notify CDC Enterprises, Inc if you become aware of
any loss or theft of your Password or any unauthorized use of your
Password. CDC Enterprises, Inc reserves the right to delete or change a
Password at any time and for any reason.
Assumption of Risk. You use the Internet solely at your own risk
and subject to all applicable local, state, national, and international
laws and regulations. While CDC Enterprises, Inc has endeavored to create
a secure and reliable Site, please be advised that the confidentiality of
any communication or material transmitted to/from this Site over the
Internet cannot be guaranteed. Accordingly, CDC Enterprises, Inc and its
affiliates are not responsible for the security of any information
transmitted via the Internet, the accuracy of the information contained on
the Site, or for the consequences of any reliance on such information. You
assume the sole and complete risk for using this Site.
Enforcing Security. Actual or attempted unauthorized use of the
Site may result in criminal and/or civil prosecution. For your protection,
CDC Enterprises, Inc reserves the right to view, monitor, and record
activity on the Site without notice or permission from you. Any
information obtained by monitoring, reviewing, or recording is subject to
review by law enforcement organizations in connection with the
investigation or prosecution of possible criminal activity on the Site.
CDC Enterprises, Inc will also comply with all court orders involving
requests for such information.
Interaction with Third Parties. CDC Enterprises, Inc may post
advertisements of third parties on this Site, including promotions of
advertisers, members, or sponsors showing their goods and services on this
Site. Your correspondence, purchases, participation in, or any other
dealings with third parties found on this Site are solely between you and
such third party and such third parties may provide you with other offers
or follow up email from this site or other sources. You agree that CDC
Enterprises, Inc shall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as the result of the
presence of such third parties on this Site. Moreover, CDC Enterprises,
Inc shall not be responsible or liable for the accuracy, quality,
suitability, currency or content of the statements or conduct of any third
party on this Site. You shall not knowingly or intentionally interfere
with the display of any advertisement.
Links to Other Sites. CDC Enterprises, Inc may provide links, in
its sole discretion, to other sites on the World Wide Web for your
convenience in locating related information and services. These sites have
not necessarily been reviewed by CDC Enterprises, Inc and are maintained
by third parties over which CDC Enterprises, Inc exercises no control.
Accordingly, CDC Enterprises, Inc expressly disclaims any responsibility
for the content, the accuracy or currency of the information, and/or
quality of products or services provided by or advertised on these third
party web sites. Moreover, these links do not imply an endorsement of any
third party or any web site or the products or services provided by any
third party.
DISCLAIMERS. WHILE CDC ENTERPRISES, INC ENDEAVORS TO PROVIDE THE
MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION,
PRODUCTS OR THIRD-PARTY CONTENT. MOREOVER, THE SITE MAY MAKE MODIFICATIONS
AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS,
AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION,
MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT
NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES
LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB
SITE. CDC Enterprises, Inc MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY,
QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, ACCURACY, RELIABILITY,
LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS,
PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE, INCLUDING BUT
NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES
LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB
SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL ENTERPRISES, INC HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE
FOREGOING, TOTAL LIABILITY FOR THE SITE FOR ANY REASON WHATSOEVER RELATED
TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Submissions. CDC Enterprises, Inc also welcomes your feedback and
suggestions about how to improve this Site. Any ideas, suggestions,
information, know-how, material, or any other content (collectively,
"content") received through this Site, however, will be deemed to include
a royalty-free, perpetual, irrevocable, nonexclusive right and license for
CDC Enterprises, Inc to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works, display, (in whole or
part) worldwide, or act on such content without additional approval or
consideration, in any form, media, or technology now known or later
developed for the full term of any rights that may exist in such content.
You hereby waive any claim to the contrary.
Indemnity. You agree to defend, indemnify, and hold harmless CDC
Enterprises, Inc and its affiliates and all of their employees, agents,
directors, officers, proprietors, partners, representatives, shareholders,
servants, attorneys, predecessors, successors, and assigns, from and against
any and all claims, proceedings, damages, injuries, liabilities, losses,
costs, and expenses (including reasonable attorneys’ fees and litigation
expenses), relating to or arising from your use of the Site or any breach by
you of this Agreement.
Governing Law. This Agreement has been made in and will be construed
and enforced in accordance with Minnesota law, as applied to agreements
entered into and completely performed in Minnesota. Any action to enforce
this Agreement will be brought in the federal or state courts presiding in
Minnesota, U.S., and all parties to this Agreement expressly agree to be
subject to the jurisdiction of such courts. This Site is controlled and
operated by CDC Enterprises, Inc from its offices within the United States.
CDC Enterprises, Inc makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them from
territories where any of the contents of this Site are illegal is
prohibited. If you choose to access this Site from other locations, you do
so on your own volition and are responsible for compliance with any
applicable local laws.
Term and Termination. This Agreement will take effect at the time you
begin using this Site (thereby indicating acceptance of these Terms and
Conditions). CDC Enterprises, Inc reserves the right at any time and for any
reason to deny you access to the Site or any portion thereof, and to
terminate this Agreement. Termination will be effective without notice.
Severability. If any part of these Terms and Conditions is determined
to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and the liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most clearly matches the intent of
the original provision and the remainder of these Terms and Conditions shall
continue in effect.
Visitor/CDC Enterprises, Inc No joint venture, partnership,
employment, or agency relationship exists between you and CDC Enterprises,
Inc as a result of this Agreement or your utilization of this Site.
Entire Agreement/Reservation of Rights. These Terms and Conditions
and CDC Enterprises, Inc's Privacy Policy, which are hereby incorporated as
if set forth fully in these Terms and Conditions, represents the entire
agreement between you and CDC Enterprises, Inc with respect to your use of
and material available on or through this Site, and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral,
or written between you and CDC Enterprises, Inc with respect to this Site.
Any rights not expressly granted herein are reserved.
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