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The Technology Roadmap is your direct connection to the technical assets and professional community in Tech Valley. |
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USER AGREEMENT
PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS SITE
This User Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the Technology Roadmap web site (the "Site") which is offered to you by Center for Economic Growth, Inc. ("CEG").
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT AS WELL AS ALL OTHER POLICIES DESCRIBED IN THIS SITE JUST AS IF YOU HAD SIGNED THE USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SITE.
These terms may be changed from time to time without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. CEG may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. CEG may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. These terms apply exclusively to your access to and use of the Site and do not alter the terms and conditions of any other agreement you may have with CEG.
1. Restrictions on Use. This Site is owned and operated by CEG and contains material which is derived in whole or in part from material supplied and owned by CEG and other sources, and is protected by copyright, trademark, and other applicable laws. CEG may terminate your use of the Site at any time in its sole discretion.
2. Bulletin Board and Discussion Groups.
(a) General. The bulletin boards and discussion group areas (collectively, the "Community Areas") are currently provided as free services. CEG reserves the right to change the nature of these services at any time.
(b) Rules. It is a condition of your use of the Community Areas and this Site that you do not:
(i) restrict or inhibit any other user from using and enjoying the Community Areas;
(ii) post, distribute or otherwise make available or transmit any data, text, message or computer file that is deemed by CEG to be: (A) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (B) bigoted, hateful, or racially offensive; (C) vulgar, obscene, or sexually explicit (language or images); or (D) encouraging or advocating illegal activity or the discussion of illegal activities with the intent to commit them;
(iii) post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (A) copyright, patent, trademark, or other proprietary rights; (B) right of privacy or publicity; (C) any confidentiality obligation.
(iv) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
(v) impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
(vi) engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
(vii) delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
(viii) post, distribute, or otherwise make available or transmit information, software or other material for commercial purposes or which contains advertising;
(ix) post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of the Community Area. You agree that you will not use the Site, including the information provided therein and all related equipment, networks and network devices for any unlawful purpose. CEG, at its sole discretion, shall determine whether any information transmitted or received violates this provision.
(c) Monitoring. You understand that CEG has no obligation to monitor the Community Areas. However, CEG reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove any information or materials, in whole or in part, that in CEG's sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that CEG and/or its service provider or other agent(s) of CEG reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Site, for operational and other purposes. During monitoring, information may be examined, recorded, copies and used for authorized purposes in accordance with our Privacy Policy. Use of the Site constitutes consent to such monitoring.
(d) Content. Communications posted in the Community Areas may be provided by users who are unaffiliated with CEG, and the user providing each such communication is solely responsible for the content thereof. In using the Community Areas, you should not assume that such messages have been reviewed by CEG, that such communications contain correct information, or that the persons posting such communications have accurately identified themselves and/or their affiliation with any third party. You agree to hold CEG, its directors, officers, agents, employees, shareholders and its affiliates and parties with whom CEG has contracted for purposes of hosting or maintaining this Site harmless from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
(e) Personal Safety. When using this Site, please be certain that anything you say does not compromise your personal safety. Do not continue any conversation online that makes you uncomfortable.
3. License. Except as set forth in the Privacy Policy, by posting messages, uploading files, inputting data, sending e-mail, or engaging in any other form of communication (each, a "Communication") through the Community Areas or otherwise, you are granting CEG a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (a) use, copy, sublicense, adapt, transmit, publicly perform or display such Communication, and (b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of CEG. The foregoing grants shall include the right to exploit any proprietary rights in such Communication including, but not limited to, rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction.
4. Content Disclaimer. The Site solely provides information to its users. The information posted to the Site is not intended to provide advice. CEG does not guarantee the accuracy, completeness or timeliness of the information posted to the Site. All content available through this Site is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and CEG reserves the right to make changes without notice to processing, materials, or configuration. All information on this Site is subject to the disclaimers herein.
5. Links and Third Party Content.
(a) Links from Other Websites. CEG may from time to time provide links to other Internet sites maintained by third parties ("Third Party Sites") and provide references to Third Party Sites on this Site. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by CEG of, or responsibility for, the third parties who maintain such Third Party Sites, or any content, services or products available on or through such Third Party Sites.
(b) Links from Other Websites. All links to this Site from a Third Party Site must be approved in writing by CEG, except that CEG consents to links in which: (i) the link is compliant with the specifications on the "Link to the Roadmap" page on the Site; (ii) the link directs the user only to the home page of this Site and not to other pages within the Site; (iii) the link, when activated by a user, displays the home page of the Site full-screen and not within a "frame" on the linked website; (iv) the appearance, position, and other aspects of the link may not (A) create the false appearance that an entity or its activities or products are associated with or sponsored by CEG or its affiliates or (B) be such as to damage or dilute the goodwill associated with the name and trademarks of CEG or affiliates. CEG reserves the right to revoke this consent to link at any time in its sole discretion.
(c) Third Party Consent. This Site will contain material, data or information provided, posted or offered by third parties, including but not limited to organization profiles, advertisements or postings in online community discussions. You agree that neither CEG nor its affiliates shall have any liability, whatsoever to you for any such third party material, data or information.
6. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CEG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CEG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT CEG) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
7. Limitation of Liability. IN NO EVENT SHALL CEG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUBSIDIARY COMPANIES OR THEIR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CEG OR ANY OF THEIR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8. Indemnification. You agree to defend, indemnify and hold harmless CEG, its service provider and/or other agent(s) of CEG, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or (b) any misrepresentation made by you in connection with your use of the Site; (c) any non-compliance by you with the terms and conditions of this agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the information obtained through the Site.
9. Termination. This Agreement shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) immediately by CEG for any reason, including, without limitation (i) concurrent access of the Site with identical user identifications, (ii) permitting another person or entity to use your user identification to access the Site, or (iii) any other access or use of the Site except as expressly provided in this Agreement; or (b) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Site. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which CEG may be entitled, at law or in equity, and the indemnification obligations of the User set herein shall survive termination. Upon termination of this Agreement, all rights granted to you will terminate and revert to CEG and its licensors.
10. Proprietary Rights.
(a) Trademarks. All trademarks, service marks, custom graphics, and trade names used on the Site are the property of CEG or its respective owners, and may not be copied, imitated, downloaded or otherwise used, reproduced or exploited in any way, in whole or in part, without the prior written permission of CEG or the owner of such trademark, service mark or trade name.
(b) Copyrights. CEG reserves copyrights in all contents of this Site. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without CEG's prior written permission. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.
(c) Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on this Site, provided that such uses are not competitive with or adversarial to CEG. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
11. Modification. CEG reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other reasonable means. Continued use of the Site by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
12. Jurisdiction. This Site is controlled and operated by CEG from its offices within the state of New York, United States of America. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Miscellaneous.
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law.
(b) You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of CEG. Any assignment other than as provided for in this Section shall be null and void and of no force and effect, ab initio.
(c) If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(d) No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
(e) The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
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