Last updated on September 7, 2016
BY ACCESSING THIS SITE, YOU CONSENT TO BE BOUND BY THIS AGREEMENT.
If you do not agree to any of the terms and conditions of this Agreement, please cease using the APPS. Cirdan reserves the right to amend the Agreement from time to time without notice by posting a revised version of this Agreement at the Site. All modified terms and conditions shall take effect immediately after posting to the Site and will be binding on you. Please note the "last updated" date provided above and check back regularly for changed terms of this Agreement. This Agreement constitutes the entire agreement between you and Cirdan and may not be modified, amended, supplemented or changed by you in any manner. However, you may choose to discontinue use of the Site at any time.
1.1 Proprietary Rights. Cirdan owns and retains all proprietary rights in the Site. The information, content, materials, graphics, text, images, designs, trademarks, trade names and logos contained on the Site, including the survey questions, scoring method, assessment text and reports provided to you on the Site (collectively "Content") are protected by trademark, copyright and other intellectual property laws of the United States and international treatises. You do not acquire ownership rights to any Content by using the Site. You may not copy, transmit, distribute, perform, display, or sell any Content, or prepare derivative works from or incorporate Content into other works. Furthermore you may not remove any copyright notices, ownership identifiers or other proprietary labels.
1.2 Limited Right to Use. Notwithstanding the forgoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to: (i) input your applicable information, as requested by the APPS, within and through the Site, (ii) access, view and use the Site for your own behalf, but not for re-sale or any other commercial use, and (iii) download, store, and print single copies of items comprising the Content for your non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
1.3 Feedback. Cirdan welcomes your feedback and suggestions about its services or the Site. In providing Cirdan any suggestions, survey responses, notice of flaws, bugs or problems, reviews, testimonials, blog content, information, or other material (collectively, "Feedback") you hereby assign to Cirdan all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner Cirdan deems appropriate, including any commercial purpose., all without compensation to you.
1.4 User Content. You agree that all of the survey answers and other information ("User Content") entered, published or displayed ("Posted") on the Site by you is the sole and exclusive property of Cirdan. In the event that such ownership grant is deemed invalid, by Posting User Content to any area of the Site, you grant, and you represent and warrant that you have the right to grant, to Cirdan, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, modify, and distribute such Use Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing.
1.5 No Harmful Use or Content. You agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that survey answers or other information that you provide to the Site electronically through your access to or use of the Site does not infringe the rights of any person or entity.
2. NO WARRANTIES. ALL CONTENT ON THE SITE AND ANY SERVICE PROVIDED BY CIRDAN IS PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE). CIRDAN DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR TIMELY. To the extent permitted by applicable law, Cirdan specifically disclaims any implied warranties of title, merchantability, accuracy, reliability, fitness for a particular purpose and non-infringement of third party rights. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions against viruses, malware and other contaminating or destructive properties.
3. LIMITATIONS OF LIABILITY. To the extent legally permitted under applicable law, Cirdan, its directors, officers, employees, agents and representatives will not be liable for any damages of any kind arising from the use of the Site and services provided by Cirdan, including, without limitation, direct, indirect, incidental, punitive or consequential damages, and loss of data or loss of privacy.
The limitations on Cirdan's liability to you will apply whether or not Cirdan has been informed of the possibility of such losses.
Any claim arising out of or relating to the use of the Site must be brought within one (1) year after the occurrence of the event giving rise to such claim. If such claim is not timely filed, then that claim is permanently barred. This applies to you and your successors, and to Cirdan and its successors.
4. INDEMNITY. You agree to release, indemnify, defend and hold Cirdan and its directors, officers, employees, agents and representatives harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.
5. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the use of the Site, by using the Site you expressly agree that any such dispute shall be governed by the laws of the State of Maryland, without regard to conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Maryland, in Howard County, for the resolution of any such dispute.
7. HOW TO CONTACT CIRDAN. If you have any questions or concerns about Cirdan's Terms and Conditions or its implementation, or if you believe there are inaccuracies in your account information you may contact us as follows
By Email email@example.com