Coast Guardian Inc. (CGI) / CGIVerix™ - Web Site Legal Notice for General Use
This Legal Notice for General
Use applies to all use and proprietary material available through this Internet
site, CGIVerix™ or any authorized alias of this Internet
site, hereafter referred to as “this Site.”
By using this Site or the information, data, materials, files or software
provided (collectively, the "Information") on this Site you acknowledge and
agree to abide by the following terms and conditions. If you do not agree to
these terms and conditions, do not use this site. Your use of this Site
constitutes your acceptance of the following terms and conditions which comprise
this Legal Notice for General Use.
1. Intellectual Property: Unless otherwise noted, product names,
designs, logos, titles, text, images, audio and video within this Site are the
trademarks, service marks, trade names, copyrights or other property of the
Coast Guardian Inc. (CGI). (CGI’s Intellectual Property). All other trade/service marks are the property of their
respective owners, whether registered or unregistered. Nothing contained on
this Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of CGI’ Intellectual Property displayed on this Site without the written
permission of the CGI.
2. Use of this Site: The CGI maintains
this Site for use by its members in the evaluation of award applications.
Unless otherwise noted, you may download material from this Site for
non-commercial, personal use only provided you also retain all copyright,
trademark and other proprietary notices contained on the materials
in the same form in
which the notices appear. You may not, however,
distribute, modify, transmit, re-use, re-post, or use the content of this Site
for public or commercial purposes, including the text, images, audio and video
without written permission from the CGI.
Changes may be made periodically to the information contained in this Site.You agree not to post
any content from this Site to weblogs, newsgroups, mail lists or electronic
bulletin boards, without the written consent of CGI.
3. No Warranties; Limitation of Liability: This
site is provided “as is” and "as available" without warranties or
representations of any kind, either expressed or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. In addition, CGI assumes no responsibility, and shall not be liable for any virus,
malware or other damages to your computer equipment, software, data or other
property on account of your access to or use of browsing on this site or your
downloading of any materials, data, text, images, video or audio from this site
or any linked sites.
In no event shall the CGI, or any other party
involved in creating, producing, maintaining or delivering this site, or any of
their affiliates, or the officers, directors, employees, shareholders, or agents
of each of them, be liable for any damages of any kind, including without
limitation any direct, special, incidental, indirect, exemplary, punitive or
consequential damages, whether or not advised of the possibility of such
damages, and on any theory of liability whatsoever, arising out of or in
connection with the use or performance of, or your browsing in, or your links to
other sites from this site.
4. No Endorsement of Third Party Services, Products and Sites:
Descriptions of, or references to, products, services, publications or sites not
owned by the CGI or its affiliates do not imply
endorsement of that product, service, publication or site. CGI has not reviewed all material linked to this Site and
is not responsible for the content of any such material.
We may link to, or
promote web sites or services from other companies or offer you the ability to
download software from other companies. You agree that we are not responsible
for, and do not control, those web sites, services and software. You agree
that CGI is not responsible for the content of any such material.
You agree that your linking to any other sites is at your own risk.
5. Communications with this Site: You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. The
CGI will fully cooperate with any law
enforcement authorities or court order requesting or directing CGI to disclose the identity of or help identify or locate
anyone posting any such information or materials.
Any communication or material you transmit to this Site by e-mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and will
be treated as, non confidential and non-proprietary. CGI cannot prevent the “harvesting” of information from this
Site, and you may be contacted by the CGI or
unrelated third parties, by e-mail or otherwise, within or outside of this Site.
Anything you transmit may be edited by or on behalf of CGI, and may or may not be posted to this Site at the sole
discretion of the CGI and may be used by the
CGI or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, CGI is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to this Site for any purpose
whatsoever including, but not limited to, developing, manufacturing and
marketing products or services using such information.
Although the CGI may, from time to time, monitor
or review discussions, chats, postings, transmissions, bulletin boards, and the
like on this Site, the CGI assumes no
responsibility or liability arising from the content of any such content on this
site nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any
information on this Site. The CGI assumes no
responsibility or liability for any actions or communications by you or any
unrelated third party within or outside of this Site.
6. Assignment: The terms of this Legal Notice
for General Use are personal to you. You may not assign your rights or
obligations under this Legal Notice for General Use to anyone.
7. Governing Law: This
Legal Notice for General Use, as well as any and
all claims arising from this
Legal Notice for General Use will be governed by
and construed in accordance with the laws of the State of Arizona, United States
of America applicable to contracts made entirely within the state of Arizona and
wholly performed in the state of Arizona, without regard to any conflict or
choice of law principles. The sole jurisdiction and venue for any litigation
arising out of this
Legal Notice for General Use will be an appropriate
U.S. Federal District Court,
unless no federal subject matter jurisdiction exists, in which case you consent
to the exclusive jurisdiction and venue in the court selected by CGI. You
waive all defenses of lack of
personal jurisdiction and forum non conveniens. The prevailing party in any suit
or action shall receive all costs and reasonable attorneys’ fees.
This
Legal Notice for General Use will not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods.
Notwithstanding the
foregoing, this Site may be viewed internationally and may contain references to
products or services not available in all countries. References to a
particular product or service do not imply that CGI intends to make such products or services available in such
countries.
8. Subscriber/User Services: If you login/sign on using identification
(e.g. a user name) and a password to any aspect of this Internet Site, you agree that your access to and/or use of this
Internet Site will be subject to and governed by all of the following:
a - all the terms and conditions of this Legal Notice for General Use;
b - all the terms of conditions of any applicable agreement(s) we have
made with a relevant Third Party (e.g. your employer, the
organization for which you are a volunteer, your college/university, etc); and
c - all the other terms and conditions presented to you for your
ACCEPTANCE during the login/sign on step(s).