1. Your Acceptance of this Agreement.
Please read this Agreement carefully. Your access to and use of the Site constitutes your acceptance of this Agreement. CHPD may modify or supplement this Agreement at any time as it deems appropriate, and your continued or subsequent access to and use of the Site constitutes your acceptance of such modified or supplemented Agreement.
2. Ownership of the Site.
As used in this Agreement, the term “Site” includes all content and aspects of the Site collectively and individually, including, without limitation, all trademarks, text, graphics, material, images, information, data, video, audio, buttons, design lay-out and arrangement, and all software comprising the Site. The Site along with all intellectual property and other rights therein is the sole and exclusive property of CHPD or its licensors. Your only rights in and to the Site are the limited license rights provided pursuant to this Agreement. All other rights are expressly reserved.
3. License Rights.
Subject at all times to this Agreement, CHPD hereby grants you a limited, revocable, non-transferable and non-exclusive right and license to: (a) access and use the Site by displaying it on your Internet browser only for the purpose of reviewing information about CHPD and its programs, research, publications, conferences, events and job opportunities posted on the Site; and (b) print copies of the content on the Site solely for your personal, noncommercial use so long as you (i) include all copyright and other proprietary rights notices and disclaimers that are contained in or on such content, and (ii) do not modify or alter the content in any way. Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless CHPD expressly agrees to such use in advance and in writing. CHPD may terminate this license at any time and for any reason with or without notice to you. Any use of the Site not expressly authorized in this Agreement is a breach of this Agreement and may violate intellectual property and other laws. Without limiting the generality of the foregoing, you agree that:
A. Your use of the Site will be for lawful purposes only in full compliance with all applicable local, national, and international laws, rules and/or regulations.
B. Except as otherwise expressly provided in this Agreement, you will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site.
C. You will not use with or launch or upload to the Site any automated program, system or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit or otherwise affect the functionality or security of the Site or any computers, networks and other hardware and software connected thereto or used therewith, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
D. You will not collect or harvest any personally identifiable information of others from the Site.
E. You will not submit any misleading information about yourself (such as a false email address) or otherwise impersonate any other person while using the Site.
The list above is not exhaustive. CHPD reserves the right to monitor your use of the Site and terminate your rights under this Agreement at any time, for any reason. Upon any termination of this Agreement, you shall immediately (a) cease all access to and use of the Site and (b) destroy any copies you have made of any content posted on the Site and any portions thereof. In the event of termination of this Agreement, CHPD may, in addition to any other legal or equitable remedies, immediately deny your access to and use of the Site in whole or in part.
4. Disclaimer of Warranties; Liability of Liability.
Your use of the Site is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AVAILABLE ON THE SITE) AND ANY TRANSACTIONS CONDUCTED VIA THE SITE ARE PROVIDED BY CHPD “AS IS” AND “WITH ALL FAULTS.” CHPD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE AND FITNESS FOR PARTICULAR PURPOSE. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CHPD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ERRORS, MISTAKES OR INACCURACIES ON THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF CHPD’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY WEBSITE POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. CHPD DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHPD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHPD’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE FIVE HUNDRED DOLLARS ($500.00).
The above may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations of liability. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action. Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.
5. Advertisements and Links.
The Site may contain links to other websites on the Internet that are owned and operated by third parties. You agree that CHPD is not responsible for the availability or operation of, or content provided on or through, any such third party websites. CHPD does not recommend and does not endorse the content, products or services on any third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the use of third party websites and the content provided on or through such websites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that CHPD is not responsible for (a) the quality of third party products or services or (b) fulfilling any of the terms of your agreement with the third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that CHPD is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
You agree to defend, indemnify, and hold CHPD, its affiliates, and their respective directors, officers, employees and agents harmless from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or alleged to arise out of: (a) your violation of this Agreement; (b) your use of the Site or any content made available on the Site; (c) any transactions conducted via the Site; or (d) your violation of any third party right, including, without limitation, any copyright, privacy or property right. The obligations under this Section 6 will survive this Agreement and your use of the Site.
(a) CHPD is a Washington, D.C. corporation with a place of business in Portland, Maine. CHPD makes no claims that the Site (including, without limitation, all content located thereon) is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
(b) You expressly agree that the exclusive jurisdiction and venue for any dispute with CHPD arising out of or relating to this Agreement, or in any way relating to your use of the Site, resides in the courts of the State of Maine, United States, and you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of Maine in connection with any such dispute.
(c) This Agreement is governed by the internal laws of the State of Maine, without reference to its conflict of laws principles. The headings of the paragraphs of this Agreement are for convenience only and shall not be a part of or affect the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity or unenforceability, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. No instance of waiver by CHPD of its rights or remedies under this Agreement will imply any obligation to grant any similar, future or other waiver.
(d) This Agreement constitutes the entire agreement between you and CHPD relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to the terms and conditions set forth in this Agreement, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
(e) You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal or parental guardian consent, and are fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement.
(f) No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and CHPD by your use of the Site. Neither this Agreement nor any rights or licenses granted hereunder may be transferred or assigned by you, but may be assigned by CHPD without restriction. This Agreement is for the benefit of CHPD, its subsidiaries, affiliates and third party website providers and licensors, and each shall have the right to assert and enforce this Agreement directly or on its own behalf.
(g) No right or remedy of CHPD is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised by CHPD concurrently or separately from time-to-time.