Xtensible – CIM EA Website Terms of Use

Terms Of Use

AGREEMENT BETWEEN USER AND XTENSIBLE

The CIM EA Web Site is comprised of various Web pages operated by Xtensible Solutions, Inc. (“Xtensible,” “we,” “our,” “us”).

The CIM EA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms of Use” or “agreement”). Your use of the CIM EA Web Site constitutes your agreement to these Terms of Use and if you do not agree to these Terms of Use, you may not access or use the CIM EA Web Site.

MODIFICATION OF THESE TERMS OF USE

We reserve the right to change the Terms of Use under which the CIM EA Web Site is offered, at any time and without prior notice, including but not limited to the charges associated with the use of the CIM EA Web Site. Your use of the CIM EA Web Site following any such change constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of the CIM EA Web Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy (http://www.cimea.org/Privacy.aspx), which is expressly incorporated herein. Before using the CIM EA Web Site, please carefully review our Privacy Policy. All personal data provided to us as a result of your use of the CIM EA Web Site will be handled in accordance with our Privacy Policy.

ADDITIONAL TERMS MAY APPLY TO YOU

We may also require you to follow additional terms, rules, guidelines or other conditions to sign up to use various special features or password-protected areas of the CIM EA Web Site, to obtain access to certain software or other products made available on the CIM EA Web Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

LINKS TO THIRD PARTY SITES

The CIM EA Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for, and do not warrant, the contents of any Linked Site, including but not limited to any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any actions, products or content from any Linked Site or any webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply warranty or endorsement by us of the Linked Site or any association with its operators. Before you use a Linked Site, you should review the applicable terms of use and privacy policy for such site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CIM EA Web Site, you warrant to us that you will not use the CIM EA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CIM EA Web Site in any manner which could damage, disable, overburden, or impair the CIM EA Web Site or interfere with any other party's use and enjoyment of the CIM EA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the CIM EA Web Site.

OWNERSHIP OF THIS SITE AND ITS CONTENT

The CIM EA Web Site, including all of the software and code comprising or used to operate the CIM EA Web Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the CIM EA Web Site, including but not limited to content submitted by users of the CIM EA Web Site (collectively “Content”) are protected under applicable intellectual property and other laws, including but not limited to the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Xtensible or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on the CIM EA Web Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the CIM EA Web Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use the CIM EA Web Site and to display, download, or print portions of the CIM EA Web Site on a temporary basis and for your use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

USE OF COMMUNICATION SERVICES

The CIM EA Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

§      Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

§      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

§      Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

§      Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

§      Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

§      Conduct or forward surveys, contests, pyramid schemes or chain letters.

§      Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

§      Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

§      Restrict or inhibit any other user from using and enjoying the Communication Services.

§      Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

§      Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

§      Violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Xtensible spokespersons, and their views do not necessarily reflect those of Xtensible.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO US OR POSTED AT ANY CIM EA WEB SITE

Except as described below, we do not claim ownership of the materials you post, upload, input or submit to any CIM EA Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and sublicensees permission to use your Submission in connection with the operation of their businesses including, but not limited to the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Because we do not control the Submissions posted on the CIM EA Web Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of any Submissions. You also agree and understand that by accessing the CIM EA Web Site, you may encounter Submissions that you consider to be objectionable. We have no responsibility for any Submissions, including but not limited to any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Submissions posted, e-mailed, transmitted or otherwise made available on the CIM EA Web Site whether by us, individual users of the CIM EA Web Site, or our third-party contractors or licensors. The communications posted on the CIM EA Web Site express the personal opinions of the individuals who posted them and do not necessarily reflect the views of Xtensible or any person or entity associated with Xtensible.

YOUR FEEDBACK

In these Terms of Use, “Feedback” refers to content you post on or through the CIM EA Web Site that is specifically about how we can improve the CIM EA Web Site and the information, software and services we make available through the CIM EA Web Site (collectively, “Feedback”). Although we do not claim ownership of Submissions you post on or through the CIM EA Web Site, the Feedback you provide to us through the CIM EA Web Site will be and remain our exclusive property.  Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.  We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

YOUR OBLIGATIONS

In consideration of your use of the CIM EA Web Site, you agree to provide true, accurate, current and complete information about yourself.

Your member account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at support@cimea.org. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the CIM EA Web Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the CIM EA Web Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the CIM EA Web Site is strictly prohibited. We reserve all rights and remedies available to us.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of the CIM EA Web Site (including any information, materials, products or services available through the CIM EA Web Site).

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CIM EA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XTENSIBLE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CIM EA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CIM EA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

XTENSIBLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CIM EA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. XTENSIBLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND THE CIM EA WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTENSIBLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CIM EA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CIM EA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CIM EA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CIM EA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XTENSIBLE OR ANY OF ITS SUPPLIERS 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 TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CIM EA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CIM EA WEB SITE.

SERVICE CONTACT : support@cimea.org

TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to the CIM EA Web Site and the related services or any portion thereof at any time, without notice. We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the CIM EA Web Site (or any portion thereof) and/or the information, materials, products and/or services available through the CIM EA Web Site (or any portion thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the CIM EA Web Site.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Denver, Colorado, U.S.A. in all disputes arising out of or relating to the use of the CIM EA Web Site. Use of the CIM EA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including but not limited to this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the CIM EA Web Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CIM EA Web Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the CIM EA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the CIM EA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CIM EA Web Site are: Copyright 2010 by Xtensible Solutions, Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The Xtensible, CIM EA names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on the CIM EA Web Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Xtensible (the “Xtensible Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the CIM EA Web Site are the property of their respective owners. You are not authorized to display or use the Xtensible Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on the CIM EA Web Site without the prior written permission of such owners. The use or misuse of the Xtensible Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on the CIM EA Web Site as a “hot” link without the prior written approval of the trademark owner. Any rights not expressly granted herein are reserved.

REMOVAL OF CONTENT

If you believe Content on the CIM EA Web Site violates your rights and want us to remove it, please e-mail us at support@cimea.org. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use, Privacy Policy, and applicable law.