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Terms of Use
Effective as of March 7, 2007
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the CRG West website (the "Website") provided by CRG West (the "Company"). These Terms and Conditions are subject to change by the Company at any time in its sole and absolute discretion. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These terms and conditions were last updated on March 7, 2007.
Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Website solely for User's personal educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
Proprietary Information.
User acknowledges and agrees that the Content accessible within the Website is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Disclaimer.
User will have access to a variety of sources of Content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any Content contained within any such sources. User accesses, uses, and relies upon such Content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.
The Company expressly disclaims any and all warranties with respect to any Content accessible within or through the Website, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Limitation on Liability.
The Company, its Licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.
Indemnity.
User will indemnify and hold the Company, its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Website.
Headings.
The headings of Sections of this Agreement are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
Severability.
If any Section or provision of this Agreement be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of this Agreement shall be deemed severed from this Agreement and the validity of the remainder of this Agreement shall not be affected thereby.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within such state.
Submission to Jurisdiction.
The parties to this Agreement each specifically consent to jurisdiction in California in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof.
Venue.
The parties to this Agreement each agree that venue for any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof may be had in the District Court for the Central District of California or in the state courts of California sitting in Los Angeles County, California.
Notices.
All notices or other written communications required or permitted under this Agreement shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested to either party at its address set forth below (or to such address as such party may subsequently indicate in writing in the manner specified in this Section):
Waivers and Amendments.
The waiver by either party of any provision of this Agreement on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in writing and signed by both parties.
Complete Agreement/Incorporation.
This Agreement, together with the Company's then-current privacy statement, contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between such parties with respect to such subject matter.
Copyright 2007 CRG West, LLC, All Rights Reserved.
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