1.1 This Agreement governs your use of the CorporatePilot.COM online
information service (the "Service", which is operated by
CorporatePilot.COM "CP". In addition to the agreement set forth below,
terms and conditions of use applicable to specific areas of the
Service may also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement
together with any such additional terms and conditions, are referred
to as this "Agreement".
1.2 CP reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by CP as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Service contains information,
software, photographs, graphics, and other
material (collectively, the “Content”) that are protected by
copyright, trademark or other proprietary rights of CP. All Content on the Service is copyrighted as a collective
work of CP pursuant to applicable copyright law. You agree to
comply with any additional copyright notices, information, or
restrictions contained in any Content available on or accessed
through the Service. Users of the Service may use the Content only
for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may post on the Service any Content owned by you (such as your original statements, video etc.), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to CP the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all rights given in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of CP.
3. Rules of Conduct. You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, © violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any External Sites (defined in section 5.2) that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join or use competitive online services.
4. Managing Content. CP does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, CP reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that comes to the attention of CP which it determines, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. CP shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 CP does not represent or endorse the accuracy or reliability
of any Content posted on any Interactive Area and you
acknowledge that any reliance upon such Content shall be at your
sole risk. Any Content placed on any Interactive Area by users are
the views of the user posting the statement, and do not necessarily
represent the views of CP.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites". You acknowledge that CP is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold CP, its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “CP Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any CP Party in connection with any claim arising out of any use or alleged use of your password or online persona by any person, whether or not authorized by you. CP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CP's defense of such claim.
7. Termination of Service. CP reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. CP may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER CP NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DOES CP, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE
CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS.
NONE OF CP, THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR
SERVICES SOLD THROUGH THE SERVICE. NEITHER CP NOR ANY
THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES
THAT MAY BE DOWNOADED THROUGH THE SERVICE WILL BE FREE
OF VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE
FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED
SOLELY BY YOU.
8.2 NEITHER CP, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CP, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT.
PERMITTED BY LAW.
9. Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Deland, FL . This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted n the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. Sections 1, 2, 6, 8 and 9 shall survive any termination of this Agreement and any other provisions which by their terms or sense are intended to survive.
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