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THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB ("SITE") OF CRMUNICIPAL AND THE SERVICES AVAILABLE ON THIS SITE ("SERVICES") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT CRMUNICIPAL MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, CRMUNICIPAL MAY MAKE CHANGES TO THE SERVICES AT ANY TIME.
General Use Restrictions
CRMunicipal, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by CRMunicipal. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If CRMunicipal and/or KISS Computing, Inc., its owner, becomes aware of any of the foregoing activities, CRMunicipal may investigate and may respond, and when appropriate, CRMunicipal may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that CRMunicipal expressly prohibits and you agree not to:
1.use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
2.harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact;
3.take any action that imposes an unreasonable or disproportionately large burden on the Site's infrastructure;
4.frame or link to the Site any of the content or information available from the Site unless CRMunicipal expressly consents to such linking and/or framing;
5.intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
6.use any robot, spider or other program or device to retrieve or index any portion of the Site; or
7.harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. CRMunicipal reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Site, CRMunicipal will require you to set up a user name and password ("Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by CRMunicipal from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to or chosen by you. Passwords are subject to cancellation or suspension by CRMunicipal at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform CRMunicipal immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of CRMunicipal are the property of CRMunicipal. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of CRMunicipal or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of CRMunicipal Copyright © 2007, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Indemnification
You agree to defend, indemnify and hold harmless CRMunicipal and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services, or a breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, and outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by CRMunicipal, and agree that CRMunicipal does not warrant the accuracy or timeliness of the Materials and further agree that CRMunicipal has no liability for any errors or omissions in the Materials whether provided it.
CRMUNICIPAL, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. CRMUNICIPAL PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Limitation of Liability
NEITHER CRMUNICIPAL NOR ANY OF ITS AGENTS OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF CRMUNICIPAL WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
General
CRMunicipal controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without CRMunicipal's prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These terms will be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Site only in the federal and state courts located in Barnstable County, Massachusetts. If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of CRMunicipal to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CRMunicipal in writing. No joint venture, partnership, employment or agency relationship exists between you and CRMunicipal. These terms comprise the entire agreement between you and CRMunicipal and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for CRMunicipal's rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.
NOTICE
For purposes of notice to be given in the event of any dispute or disagreement arising from these Terms and Conditions, notice to CRMunicipal shall be by certified mail, return receipt requested, if delivered to:
CRMunicipal
C/O Business Team Solutions, LLC, 3 Main Street Mercantile #10, Eastham,
MA 02642 USA |
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