Your access to and continued use of this Web Site constitutes your
acceptance, without limitation, of these simple English policies and
disclaimers.
As referenced below, "We", "Us" or "Our" includes
Chilimill LLC, its founders and employees, collectively
Questions or notices concerning the these Terms & Conditions should be
addressed to Us through the Contact Us form.
The following describes the terms and conditions (the "Terms and
Conditions") on which We offer you the information (including the
Intellectual Property [as defined below]), services and products on Our
web site and related web pages (collectively, the "Services").
We reserve the right to modify, amend or restate the Terms and
Conditions from time to time with or without prior notice.
Your use of this web site and any Services after the posting of
modifications to these Terms and Conditions will constitute your
acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms and
Conditions. You further agree to comply with U.S. or other applicable
law regarding the transmission of any information obtained from the
Services in accordance with the Terms and Conditions, not to use the
Services for illegal purposes, and not to interfere or disrupt the
networks connected to the Services.
Restrictions on Use
You may not use the Services for any illegal purposes or in any manner
inconsistent with the Terms and Conditions. You agree to use the
Services solely for your own noncommercial use and benefit, and not for
resale or other transfer or disposition to, or use by or for the benefit
of, any other person or entity.
You agree to promptly notify Us upon becoming aware of any unauthorized
access or use of the Services by any party or any claim that the
Services infringes upon any copyright, trademark or other contractual,
statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO,
CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF
THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE
AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE,
PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY
DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY
NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY
MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO
OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU
ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE
NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN
UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR
TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM
MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY
USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS
AND CONDITIONS.
Intellectual Property
This web site contains material which is derived in whole or in part
from materials supplied by Us and various other sources. This web site,
including but not limited to its text, logos, content, photographs,
flash animations, video, audio and graphics (the "Intellectual
Property"), is protected by copyrights, service marks, international
treaties and/or other proprietary rights and laws of the U.S. and other
countries. The Intellectual Property is also protected as a collective
work or compilation under U.S. copyright and other laws and treaties.
All individual articles, columns and other elements making up the
Services are also copyrighted works. You agree to abide by all
applicable copyright and other laws, as well as any additional copyright
notices or restrictions contained in the Services.
If you would like to make copies and/or distribute certain information,
please contact us
No License Granted
You acquire absolutely no rights or licenses in or to the Services and
materials contained therein other than the limited right to utilize the
Services in accordance with the Terms and Conditions. Should you choose
to download content from the Services, you must do so in accordance with
the Terms and Conditions. Such download is licensed to you by Us only
for your own personal, noncommercial use in accordance with the Terms
and Conditions and does not transfer any other rights to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy, quality, completeness,
currency, or validity of any information on the web site or linked from
the web site. All information contained on this web site has been
obtained from sources believed by Us to be accurate and reliable. The
ads, press releases, and newsletters are also provided by the identified
organizations. We do not edit or control the information We receive,
although it may note obvious errors that have been discovered. Due to
the possibility of human and mechanical error, We are not responsible
for any errors or omissions.
Rights Reserved
All present and future rights in and to the Intellectual Property and
other proprietary rights of Us of any type under the laws of any
governmental authority, domestic or foreign, including rights in and to
all applications and registrations relating to the Services (the
"Intellectual Property Rights") shall, as between you and Us, at all
times be and remain the sole and exclusive property of Us. All present
and future rights in and title to the Services (including the right to
exploit the Services and any portions of the Services over any present
or future technology) are reserved to Us for Our exclusive use. Except
as specifically permitted by the Terms and Conditions, you may not copy
or make any use of the Services or any portion thereof.
Liability Disclaimer
The material provided on this web site could include technical
inaccuracies or typographical errors and the web site may be subject to
periods of interruption. We may make changes or improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest professional quality of the
Services We offer on Our web site, We cannot be held responsible for any
errors, defects, lost profits, or other consequential damages arising
from the use of this web site. We will not be liable for any damages or
injury, including but not limited to, special or consequential damages
that result from any failure of performance, error, omission,
interruption, defect, delay in operation of transmission, or computer
virus, the use of, or the inability to use, the materials in the
Services even if there is negligence by Us or an authorized
representative of Us; user has been advised of the possibility of such
damages. The above limitation or exclusion may not apply to you to the
extent that applicable law may not permit the limitation or exclusion of
liability for incidental or consequential damages. Our total liability
to you for all losses, damages, and causes of action (in contract, tort
(including without limitation, negligence, or otherwise) will not exceed
the amount you paid to Us to access the Services.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify and
hold Us, Our officers, directors, owners, agents and employees harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Services, the
violation of these Terms and Conditions by you, or the infringement by
you, or other user of the Services using your computer, of any
Intellectual Property or other right of any person or entity. We reserve
the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
User Submissions to the Web Site
The Services may include message systems, bulletin boards and/or chat
rooms which may provide on-line participation by and interaction among
users. All remarks, suggestions, ideas, graphics, or other information
communicated to Us through Our Services will become the property of Us.
Without limitation, We will have exclusive ownership of all present and
future existing rights to the User Submission of every kind and nature
everywhere. We will be entitled to use the User Submission for any
purpose whatsoever (consistent with the Privacy Policy then in effect),
without compensation to you or any other person sending the User
Submission.
We do not control the postings of messages, information or files to chat
rooms and bulletin boards. Further, We have no obligation to monitor
chat rooms or bulletin boards or any other postings of User Submissions.
ALL Submissions Are Subject to These Further Conditions
Your use of the Services and submission of material for publication on
the pages of the web site are conditioned on your adherence to the
following policies:
You may not restrict or inhibit any other user from using or enjoying any of
the Services.
You may not post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, indecent or
racially, ethnically or otherwise objectionable material of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or
international law.
You may not post or transmit any information, software or other material
which violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or which is
protected by intellectual property rights.
You may not post or transmit any information, software or other material
which contains a virus or other harmful component.
You may not post, transmit or in any way exploit any information, software
or other material for commercial purposes, or which contains commercial
advertising.
We reserve the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, that in Our sole discretion are objectionable or in
violation of its Submission policies.
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Under no circumstances will We be required to treat any Submission as
confidential (subject to Privacy Policy then in effect), and will not be
liable for any ideas for its business (including, without limitation,
product or service ideas) and will not incur any liability as a result
of any similarities that may appear in future We operations.
You acknowledge that you are solely responsible for whatever material
you submit, and you, not Us have full responsibility for the Submission,
including its legality, reliability, appropriateness, originality, and
copyright. Your communication of a Submission is in all respects subject
to the Terms and Conditions, including without limitation those set
forth in "Indemnification."
Links
The Services display links to other web sites that are not owned or
maintained by Us and which contain information some people may find
inappropriate or offensive. We has not reviewed such web sites and are
not responsible for the content thereof. The inclusion of a link to such
web site does not imply endorsement by Us. Viewing of any web site
linked to the Services is at your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify the information or
material that is provided on this web site or linked to this web site.
Unless otherwise specifically indicated, We have no affiliation with any
of the organizations mentioned or described on the web site, and We make
no representations or warranties with regard to those organizations. Nor
do We endorse or affiliate itself with any of the organizations that are
linked to or from this web site.
Privacy Policy
Our current Privacy Policy is posted above and is incorporated herein by
reference. By using this web site, you expressly consent to certain
disclosures of your personally identifiable and other personal
information provided to you by Us to third parties, and to use of your
information by Us and third parties, to the extent set forth in Our
current Privacy Policy, unless you otherwise notify Us in accordance
with the Privacy Policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon receiving notice of
claimed intellectual property infringement. We will promptly process and
investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act and other applicable
intellectual property laws.
All notices of copyright infringement should be sent to us.
Notices of copyright infringement should contain the following information:
A physical or electronic signature of a person authorized to act on behalf
of the copyright owner that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and information reasonably sufficient
to permit We to locate the material.
The address, telephone number, or email address of the complaining party.
A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the
notification is accurate, and that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. We reserves the right to remove and/or disable access from
the Service to web pages of repeat infringers and reserves the right to
terminate all account holders and subscribers who are repeat infringers
of intellectual property laws.
Access and Interference
Our web site contains robot exclusion headers and you agree that you
will not use any robot, spider, other automatic device, or manual
process to monitor or copy Our Intellectual Property or any other
content contained herein without Our prior written consent. You agree
that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Services. You agree
that you will not take any action that imposes an unreasonable or
disproportionately large load on Our infrastructure.
Access Outside the United States
We makes no representation that the materials provided at this web site
are appropriate or available for use in locations outside of the United
States, its territories and possessions. If you use the Services from
other locations, you are responsible for compliance with applicable
local laws.
As a courtesy to Our foreign users, We have provided translation buttons
for certain languages, that are designed only to assist in providing the
gist of the content of the site. The translations are computer
automated, have not been reviewed by Us, and are provided by a third
party service. Use of the translation buttons fall under the terms and
conditions of use of that third party translation service.
General Disclaimer
We are not responsible for any direct, indirect, incidental,
consequential or any other damages arising out of or in connection with
the use of this web site or in reliance on the information available on
the web site. This includes any personal injury, business interruption,
loss of use, lost data, lost profits, or any other pecuniary loss,
whether in an action of contract, negligence, or other tortuous action,
even if We have been informed of the possibility.
Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant
to the laws of the State of New Jersey, United States of America, notwithstanding
any principles of conflicts of law and you hereby consent to the jurisdiction of
such courts. If any part of these Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the validity
and enforceability of any remaining provisions
Our failure to act with respect to a breach by you or others does not
waive Our right to act with respect to subsequent or similar breaches.
If We ask a third party to provide Services through this web site, the
provisions of this agreement shall apply to your use of the Services,
unless otherwise noted. We shall not be liable for any delay or failure
to perform resulting directly or indirectly from any causes beyond Our
reasonable control.