- General. This site is owned and operated by CGS Technology Associates, Inc.
. (referred to as "CGS"). CGS has the
right at any time to change or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of availability, and equipment
needed for access or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
the site and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or
transmit through the site any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violate any law. Without
CGS's express prior approval, you shall not post or transmit through the site
any material which contains advertising or any solicitation with respect to
products or services. You shall not use the site to advertise or perform any
commercial solicitation, including, without limitation, the solicitation of
users to become subscribers of other on-line information services competitive
with the site. Any conduct by you that in CGS's discretion restricts or inhibits
any other user from using or enjoying the site will not be permitted.
- The site contains copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software, photos, video,
graphics, music and sound, and the contents of the site are copyrighted under
the United States copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express written permission of CGS and the
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made and no ownership
rights shall be transferred.
- You shall not e-mail, upload, post or otherwise make available on the site
any material protected by the copyright, trademark, or other proprietary right
without the express permission of the owner of the copyright, trademark, or
other proprietary right and the burden of determining that any material is not
protected by copyright rests with you. You shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. Subject to CGS's policies regarding
privacy, any e-mails, notes, message/billboard/forum postings, ideas,
suggestions, concepts or other material submitted will be treated as
non-confidential and non-proprietary and will become the property of CGS
throughout the universe. By submitting material to CGS, you automatically grant,
or warrant that the owner of such material has expressly granted CGS the
royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, display, translate and distribute
such material (in whole or in part) and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed. You also permit
any other user of the site to access, view, store or reproduce the material for
that user's personal use. You grant CGS the right to edit, copy, display,
publish and distribute
- The foregoing provisions of Section 3 are for the benefit of CGS, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on
its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
CGS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED
THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE
FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS
WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT CGS IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CGS'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE
DISCLAIMED.
- Monitoring. CGS shall have the right in its sole discretion to refuse
to post or remove any material submitted to or posted on the site. Without
limiting the foregoing, CGS shall have the right to remove any material that
CGS, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless CGS
and its affiliates and their respective directors, officers, employees and
agents from and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys' fees) arising
out of your use of the site.
- Trademarks. The logos are trademarks of CGS Technology Associates, Inc.
All rights reserved. All other trademarks appearing on the site are the property
of their respective owners.
- Third Party Content. CGS is not a publisher of content supplied by
third parties and users of the site. Accordingly, CGS has no more editorial
control over such content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers and users, are those of the respective author(s) or distributor(s) and
not of CGS. In many instances, the content available through the site represents
the opinions and judgments of the respective information provider or user. CGS
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on the site by anyone other than authorized
CGS employee spokespersons while acting in their official capacities.
- Viruses. CGS also assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer equipment or
other property on account of your access to, use of, or browsing in the Site or
your downloading of any materials, data, text, images, video, or audio from the
Site.
- Export Control. Software and other materials from this Site may also
be subject to United States Export Control. The United States Export Control
laws prohibit the export of certain technical data and software to certain
territories. No software from this Site may be downloaded or exported (1) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other country to which the Unites States has embargoed goods; or (2)
anyone on the Unites States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. CGS does not
authorize the downloading or exportation of any software or technical data from
this Site to any jurisdiction prohibited by the United States Export Laws.
- Business Associates. The business associates of CGS identified on
this Site are independent contractors of CGS. The business associates are not
joint venturers or partners of CGS. No employee or representative of the
business associates is under the control of CGS.
- Changed Terms. CGS has the right at any time to change or modify the
terms and conditions applicable to use of the site, or any part thereof, or to
impose new conditions, including, without limitation, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means including,
without limitation, posting on the site, or by electronic or conventional mail,
or by any other means. Any use of the site by you after such notice shall be
deemed to constitute acceptance of such changes, modifications, additions or
deletions.
- Miscellaneous. These terms of use constitute the entire agreement of
the parties with respect to the subject matter hereof and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. These terms of use shall be construed in accordance with the laws of the
State of New Jersey, without regard to its conflict of laws rules. You hereby
consent to the personal jurisdiction of the State of New Jersey, acknowledge that
venue is proper in any state or Federal court in the State of New Jersey, agree
that any action related to these terms of use must be brought in a state or
Federal court in the State of New Jersey, and waive any objection that may exist,
now or in the future, with respect to any of the foregoing. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
- The CGS Web site incorporates links to other Web sites. CGS
does not in any way endorse, nor is it responsible for, the
content on those other Web sites.