|
Terms
and Conditions
1. Agreement and General Terms of Use
1.1 This User Agreement constitutes the agreement
between CMA Business Credit Services ("CMA") and you as a user
who accesses or establishes a connection ("user," "you,"
or "your") to the World Wide Web site known as THE ENCYCLOPEDIA
OF CREDIT™ ("Site"), which is owned and controlled by CMA.
1.2 You must agree to abide by all of the provisions
in this Agreement in order to remain an authorized user of the Site and
your use of the Site constitutes your agreement to abide by those provisions.
You are solely responsible for your use of the Site and for ensuring that
your use complies fully with the provisions of this Agreement.
1.3 CMA reserves the right, in its sole discretion,
to change any or all of the provisions of this Agreement at any time.
CMA will notify users of any changes by posting them on the Site or through
other reasonable means of providing notice. Any changes to this Agreement
will be effective immediately upon notice to you. Your use of the Site
after notice of changes to this Agreement will be deemed your acceptance
of the changes.
1.4 CMA reserves the right, in its sole discretion,
to change, limit, or discontinue any aspect, content, or feature of the
Site, as well as any aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS
AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on the Site
2.1 You will use the Site and any content, material,
or information found on the Site solely for lawful, non-commercial purposes.
You shall not upload to, distribute to, or otherwise disseminate through
the Site any material or information of any kind that is libelous, defamatory,
obscene, pornographic, abusive, or otherwise violates any law or infringes
or violates any rights of any other person or entity, or contains a solicitation
of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that
you make available through the Site, including, for example, postings
to chat areas and forums, is solely your original work, or that you have
all necessary rights to make the material or information of any other
person or entity available on the Site. You will be solely responsible
for the content of any material or information that you make available
through the Site. You will also be liable for any damage resulting from
making any material or information available through the Site.
2.3 By making any material or information available
through the Site, you automatically grant to CMA a worldwide, royalty-free,
perpetual, irrevocable, and non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, distribute and sublicense
any such material or information (in whole or in part) and/or to incorporate
it in other works regardless of form, media, or technology. By making
any material or information available through the Site, you also grant
to users other than yourself the right and license
to access, view, store, or reproduce your material and information for
that user's personal use.
2.4 CMA has no obligation to, and does not and cannot,
review every item of material or information that you and users other
than yourself made available through the Site, and CMA is not responsible
for any content of this material or information. However, CMA reserves
the right to delete, move, or edit any material or information that it
deems, in its sole discretion, unacceptable, libelous, defamatory, obscene,
pornographic, abusive, or otherwise in violation of any law or that infringes
or violates any rights of any other person or entity. Further, CMA reserves
the right at all times to disclose any material or information as necessary
to satisfy any law, regulation, or governmental request.
2.5 CMA reserves the right to collect, use, and distribute
demographic data about you and your use of the Site in forms that do not
identify you individually or reveal your identity.
3. Rights in Site Content and the Site
3.1 All content provided by CMA on the Site is protected
by copyright, trademark, and other applicable intellectual property and
proprietary rights laws and is owned, controlled, and/or licensed by CMA.
The Site is protected by copyright, patent, trademark, and other applicable
intellectual property and proprietary rights laws and is owned, controlled,
and/or licensed by CMA. ENCYCLOPEDIA OF CREDIT ™, ANSCERS.COM®, and CMA®
are trademarks and, where indicated, registered trademarks of CMA, Inc.
or its subsidiaries. All other trademarks appearing on the Site are the
property of their respective owners.
3.2 You will not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part, found on the Site. You will download
copyrighted content solely for your personal use, but will make no other
use of the content without the express written permission of CMA and the
copyright owner. You will not make any changes to any content that you
are permitted to download under this Agreement, and in particular you
will not delete or alter any proprietary rights or attribution notices
in any content. You agree that you do not acquire any ownership rights
in any downloaded content.
3.3 Certain content found on the Site may be subject
to additional terms, conditions, and notices as specified in Section 11
below.
4. Disclaimer of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT
YOUR SOLE RISK. NEITHER CMA, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL
BE UNINTERUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES
PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE
ON THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL CMA (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION,
MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY
LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY
OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CMA (AND
ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
5. Indemnification
You agree to defend, indemnify and hold harmless CMA
(and any of its parents, subsidiaries, affiliates, employees, agents,
third party content providers, or licensors, and their respective directors,
officers, employees, and agents) from and against all claims, liability,
and expenses, including attorneys' fees and legal fees and costs, arising
out of your use of the Site or your breach of any provision of this Agreement.
CMA reserves the right, in its sole discretion and at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you. You will cooperate as fully as reasonably required
in the defense of any claim.
6. Fees and Payments
CMA reserves the right, in its sole discretion, at
any time to charge fees for access to and use of the Site, or any portions
of the Site. If CMA elects to charge fees, it will post notice on the
Site of all provisions pertaining to fees and payments.
7. Notices between Us
You will contact us by sending electronic mail to
encyclopedia@anscers.com . We will contact you by sending electronic mail
to the address you provide to us, or by posting a notice on the Site.
8. Termination
CMA may terminate this Agreement and your use of the
Site at any time. CMA shall have the right immediately to terminate your
use of the Site in the event of any conduct by you which CMA, in its sole
discretion, considers to be unacceptable, or in the event of any breach
by you of this Agreement.
9. Law Governing Performance and Disputes
This Agreement, your performance under it, and any
disputes arising under it shall be governed exclusively by the laws of
the United States of America and the State of California, without giving
effect to their conflict of laws principles. You expressly consent to
the exclusive forum, jurisdiction, and venue of the Courts of the State
of California and the United States District Court for the Southern District
of California in any and all actions, disputes, or controversies relating
to this Agreement.
10. General Terms
This Agreement and any posted rules on the Site established
by CMA constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver by either CMA or
you of any breach or default under this Agreement shall be deemed to be
a waiver of any preceding or subsequent breach or default. This Agreement
shall be binding upon and inure to the benefit of CMA and its successors,
trustees, and permitted assigns. CMA may assign this Agreement, or any
of its rights or obligations under this Agreement, with or without notice
to you.
11. Content-Specific Notices
The Encyclopedia of Credit
Except as otherwise permitted by written agreement,
the following are prohibited: copying substantial portions or the entirety
of the work in machine readable form, making multiple printouts thereof,
and other uses of the work inconsistent with U.S. and applicable foreign
copyright and related laws. |