Access and Use
CMIQ grants you a personal, non-exclusive, non-transferable, limited license to use the Sites and to view or access the Sites solely for your personal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to any Site or any Content available via any Site. You further agree not to modify any Site, or any part thereof, in any form or manner, nor to use any modified versions of any Site, for any reason whatsoever, without the express written consent of CMIQ. You may not attempt to gain any unauthorized access to any Site or any of its associated Content, including via computer systems, software or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through any Site is permitted, unless expressly specified in a prior agreement between you and CMIQ.
No Unlawful or Prohibited Use
Any use or attempted use of any Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the networks connected to any server; (iii) that could interfere with any other party's use and enjoyment of a Site; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by CMIQ to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of any Site, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any CMIQ representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use any of a Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, federal or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Probe, scan, test the vulnerability of or breach the authentication measures of, any Site or any related networks or systems;
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
m) Harvest or otherwise collect information about others, including e-mail addresses; or
n) Use any robot, spider, scraper, or other automated or manual means to access any Site, or copy any Content or information on any Site.
CMIQ reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access.
Any information, communications, or material of any type or nature that you submit to a Site by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk, as permitted by law. CMIQ does not own any Submissions provided via any Site. However, by inputting/submitting such Submissions you are granting CMIQ a nonexclusive, irrevocable, worldwide, sub-licensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Passwords and Security
Certain features offered on or through our Sites may require you to establish a login ID and password. You are entirely responsible for maintaining the confidentiality of your login ID and password, and for any and all activity that occurs under your login ID. You agree to notify CMIQ immediately upon learning of any unauthorized use of your login ID or password, or any other breach of security. However, you may be held liable for losses incurred by CMIQ or any other user of or visitor to any Site due to another person using your login ID or password.
You may not use any other user’s login ID or password at any time without the express permission and consent of the holder of that login ID or password. CMIQ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
CMIQ respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and money to create our Sites and to collect and provide the features, materials and opportunities that are available on or through our Sites. You understand and agree that CMIQ owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to any Site and the features, materials, opportunities, and services made available on or through any Site, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using any Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of CMIQ or its licensors and content-providers. For the avoidance of doubt, Content does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through the linked websites.
The posting of information or other materials or Content on any Site by CMIQ does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of any Site or to any other third party, except as expressly provided herein.
Disclaimer of Warranties
CMIQ does not promise, covenant, represent, warrant, or guarantee that you or any other user of any Site will obtain any particular or tangible result or goal through the use of any Site, or obtain any other product or service in connection with use of any Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through a Site or CMIQ, or that you access, use, download, or otherwise obtain on or through any Site or CMIQ, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses, other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON ANY SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF A SITE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.
Limitation of Liability
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES OR PUBLICATIONS ON ANY SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. CMIQ MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN. CMIQ SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE.
CMIQ reserves the right to do any of the following at any time without notice: (i) modify, suspend or terminate operation of or access to any Site, or any portion of any Site, for any reason; (ii) modify or change any Site, or any portion of any Site, and any applicable policies or terms; and (iii) interrupt the operation of any Site, or any portion of any Site, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Any Site could include technical inaccuracies or typographical errors. CMIQ shall have no liability in connection with any such inaccuracies or errors, nor shall CMIQ have any obligation to identify or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on any Site is disclaimed.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on any Site that link to other third party websites which are not under the control of CMIQ (the “Linked Websites”). CMIQ does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. CMIQ disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against CMIQ arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on any Site do not imply that: (a) CMIQ is affiliated or associated with any Linked Website; (b) CMIQ is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of CMIQ.
Links to Any Site
Without our express, prior, written permission, it is expressly prohibited to: (a) frame any Site or any Content or otherwise cause a Site or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to a Site, or a Site or any Content, to be displayed in any way that is disparaging to CMIQ or any entity that is affiliated with CMIQ; or (c) otherwise imply or state that any type of relationship or special arrangements exist with CMIQ and any other entity. You agree that you will promptly remove any hyperlink to the Linked Website upon the written request of CMIQ. In no event will you use any logo or trademark of CMIQ as a hyperlink button, or in any other manner, without CMIQ’s express written consent.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on any Site is provided by third party content-providers (“Third Party Materials”), CMIQ has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. CMIQ does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with CMIQ.
Your Compliance with Laws
Waiver of Jury Trial
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL
The materials on any Site do not constitute financial, legal, tax or any other advice. The information set forth on any Site does not constitute an offer, solicitation or recommendation to sell or an offer to buy any securities, investment products or investment advisory services.
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