PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
This website www.chesapeakecrescent.org (“Website”) is owned and operated by the Chesapeake Crescent Initiative (“CCI”), and is subject to the following terms and conditions (“Terms of Use”). By accessing or using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not access or use the Website.
In order to access and use the Website, you may be required to provide information about yourself (such as your name and business contact details) (“Personal Information”). You agree to provide CCI with accurate, correct and up to date information. Note that we describe our current practices related to Personal Information collected through the Website in our Privacy Policy www.chesapeakecrescent.org. By accessing or using the Website, you signify your agreement to the Privacy Policy.
I. Ownership, Copyright, and Trademark Notices
All information, text, graphics, software, and other content that make up the Website (“Materials”) are the property of CCI or its licensors. You acknowledge that certain Materials available on the Website are protected by copyright, trademark, patent, or other intellectual property rights of CCI and its licensors. Except as expressly provided, nothing within the Website or Materials shall be construed as conferring any license under any of CCI’s or its licensors’ intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
CCI grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Website and Materials only in the manner presented by CCI and as expressly permitted by CCI, and where applicable, in order to allow us to respond to your requests and otherwise carry out legitimate uses of the Website. Except as expressly provided herein or as otherwise permitted by mandatory provisions of applicable law, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Materials from the Website without the prior express written permission of CCI. Notwithstanding the foregoing sentence, you may download one copy of any Material expressly designated by CCI as downloadable for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms of Use and CCI's or its licensors’ copyright and other intellectual property rights. Use of any such Material on any other website or networked computer environment is strictly prohibited.
II. Trademarks, Service Marks, and Trade Names
All trademarks, service marks, and trade names appearing in the Website are the property of CCI or the respective owners of such marks or names, and are protected by US and international copyright and trademark laws. You agree not to defame or disparage CCI and its trademarks, service marks, and trade names, or any other aspect of the Website or the Materials. Any use of any of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of CCI or the owner of the mark or name, as applicable, is strictly prohibited.
Any rights not expressly granted in these Terms of Use are reserved.
III. Spidering, Monitoring, and Interference
You agree you will: (1) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the Materials contained herein without the prior express written permission of CCI; (2) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; and (3) not take any action that imposes an unreasonable or disproportionately large load on CCI’s infrastructure.
IV. Account Information
You are responsible for maintaining the confidentiality of any user names or passwords associated with any account you use to access the Website, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under your account (unless such activities result from a security breach for which CCI is responsible). You may not disclose or share your user name or password with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your password or your account, you agree to notify CCI immediately at the email address or phone number provided for notice in the Privacy Policy.
V. Links to other Internet Sites
The Website may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that CCI, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.
VI. Changes
CCI reserves the right to modify, suspend, or discontinue any portion of the Website and Materials, or otherwise disable your access to all or a portion of the Website, at any time, with or without notice. CCI reserves the right to modify any part of these Terms of Use at any time. Your continued use of the Website after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Website. You agree that the above-stated standard for notice of modifications is reasonable.
IX. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CCI DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CCI, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CCI DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CCI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
CCI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE MATERIALS; OR (2) YOUR USE OF THE WEBSITE OR MATERIALS. DESPITE THE CHOICE OF DISTRICT OF COLUMBIA LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS OR UNDERTAKINGS, SO THE ABOVE EXCLUSIONS ARE PROVIDED TO THE EXTENT PERMITTED BY LAW AND SOME MAY NOT APPLY TO YOU.
X. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CCI, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF CCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE THE CHOICE OF DISTRICT OF COLUMBIA LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH CCI, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.
XI. Indemnity
You agree to indemnify and hold harmless CCI, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to your use of the Website or any Materials it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
XII. Jurisdiction
The Website is controlled and operated by CCI from its offices within the District of Columbia, United States of America. CCI makes no representation that Materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
XIII. General
Unless otherwise required by local law, these Terms of Use shall be governed by, and construed in accordance with, the laws of the District of Columbia, United States of America without regard to its conflicts of law principles. CCI's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall derogate CCI's right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by CCI with respect to such use. We may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by CCI shall be deemed a further or continuing waiver of such provision or any other provision, and CCI’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.
Effective Date: November 17, 2009