TERMS OF SERVICE
The following Terms
of Use contain the complete terms and conditions that apply to an individual's
or entity's use of CDG Business Systems, Inc. site. As used in this
Agreement, "We," "Us" or "Our" refers to CDG
Business Systems, Inc. and "You" or "Your" refers to the
user. "Site" means any CDG Business Systems, Inc., site posted
on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and
Your waiver of any and all claims against CDG Business Systems, Inc. its
parents, subsidiaries, affiliates, contractors, agents, officers, directors or
employees arising out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any
time and in Our sole discretion, by posting a change notice or a new user
agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES
BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics, logos, button icons,
images, audio clips and software, is Our property or that of Our content
suppliers and is protected by U.S.
and international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on Our Site is Our property protected
by U.S.
and international copyright laws. All software used on Our Site is Our property
or that of Our software suppliers and is protected by U.S. and international copyright
laws. You may electronically copy and print in hard copy portions of Our Site
for the limited purpose of placing an order with Us or using it as a shopping
resource. Any other use-including reproduction for purposes other than those
noted above, modification, distribution, transmission, republication, display
or performance-of the content on a Site without Our prior written permission is
strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the above
restrictions, may result in severe civil and criminal penalties. Unauthorized
duplication of the software constitutes copyright infringement and, in the United States,
is punishable in a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal civil penalties
allow the recovery of actual damages based on the number of copies produced
plus the profits of the infringer, or statutory damages of up to U.S.$100,000
for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR
SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION
THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE
TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE
OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or
original or creative ideas (collectively, "Materials") submitted
through Our Site. If despite this policy you submit any such Materials, We will
deem it Our property. We will not treat the Materials as confidential, and We
will not be liable for any use or disclosure of such Materials. Without
limitation, We will own the exclusive rights to the Materials and will be
entitled to unrestricted use of the Materials for any purpose, commercial or
otherwise, without compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR
ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH
THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL
NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless CDG Business Systems, Inc. its parents,
subsidiaries, affiliates, contractors, agent, officers, directors and employees
against all claims, losses, damages, liabilities, costs and expenses (including
reasonable attorneys' fees and costs) made due to or arising out of a violation
of these Terms of Use or Your use of this Site, including, without limitation,
any claim arising out of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Non-waiver. If We fail to insist upon or enforce strict performance of any
provision or right under the terms and conditions of these Terms of Use, it
will not be construed as a waiver of any provision or right; rather, the same
will be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington to the
exclusion of any other law which may be imputed in accordance with choice of
law rules applicable in any jurisdiction. The 1980 U.N. Convention on Contracts
for the International Sale of Goods or any successor thereto does not apply to
these Terms of Use. For any suit or claim pertaining to these Terms of Use or
any information furnished hereunder, You irrevocably consent to the
jurisdiction and venue of any state or federal court sitting in King County, Washington,
USA, and You
will not commence an action or proceeding relating to the subject matter of
these Terms of Use in any other jurisdiction.
8.3 English Language Governs. It is the express wish of the parties that these Terms of Use be drawn up in English.
8.4 Independent Contractor. These Terms of Use will not be interpreted or
construed to create or evidence a partnership, joint venture or franchise
relationship among the parties or as imposing any partnership or franchiser
obligation or liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense with all
statutes, regulations, rules, ordinances and orders of any governmental body,
department or agency that apply to or result from Your use of Our Site.
8.6. Severability. If any provision of these Terms of Use will be unlawful,
void or for any reason unenforceable, then that provision will be deemed
severable from and will not affect the validity and enforceability of any
remaining provisions.
OUR BUSINESS OFFICE ADDRESS:
CDG Business Systems, Inc.
1600 Broadway St, Suite 2400
Denver,
CO 80202
Phone:
303.800.1500
eMail:customer@cdgbusiness.com