Terms & Condition
Copyrights and Trademarks
The entire web site content, including but not limited to all of the page headers, images, illustrations, graphics, audio clips, video clips, software included on the Site, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by CCADS or by third parties who have licensed their materials to CCADS. These contents are copyrighted as a collective work under U.S. copyright laws, and CCADS owns a copyright in the selection, coordination, arrangement and enhancement of these contents. The contents of this web site are intended only for personal and non-commercial use by the web site users. Therefore you may download, print and store selected portions of these contents; provided, however, you: (i) only use these copies of the contents for your own personal and noncommercial use; (ii) do not copy or post the content on any network computer or broadcast the content in any media; and (iii) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. CCADS is expressly not transferring or assigning to you any right, title or interest in any downloaded materials, and CCADS reserves complete title and full intellectual property rights in the web site contents that you have downloaded from this web site. Except as expressly provided for above, you are not authorized to copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the web site content without first obtaining written permission from CCADS. Any attempt to infringe upon or to circumvent these copyrights, trademarks, service marks, trade names or other intellectual property rights held by CCADS will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
Disclaimers
While CCADS endeavors to maintain the accuracy of the Site’s contents, CCADS does not warrant that the Site’s contents are, or will be, accurate, reliable or current. Therefore by using this web site you acknowledge your understanding and agreement that: (i) some of the contents on this web site may contain inaccuracies or errors and may be changed or updated by CCADS without prior notice to you; (ii) all contents of this Site are provided on an “AS IS” basis; and (iii) CCADS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In addition, CCADS does not warrant that the web site, or the server which makes it available to you, will be free of viruses or other harmful elements. Any such warranties are expressly disclaimed.
Furthermore by using this web site you acknowledge and agree that no professional advice is being provided on the web site and that your use should not be construed as a substitute for consultations with qualified professionals regarding your particular needs.
Limitations on Damages
IN NO EVENT SHALL CCADS, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATED ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, OR ANY OTHER WEB SITE TO WHICH IT IS LINKED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE EVEN IF CCADS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You hereby agree to hold harmless and indemnify CCADS and its members, managers, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of your misuse of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of CCADS or any other person or entity, including such activities that are carried out by any individual using your login or password information.
Links to Web Site
You acknowledge and agree that other websites You may visit through links within the Site are independent of CCADS and that CCADS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on those websites. You link to any other websites at your own risk.
You may provide links to this web site on another web site, provided that: (i) the link is a text-only link clearly marked “CCADS,”; (ii) the appearance of the link may not give a false suggestion that an entity other than CCADS is associated with this website; and (iii) the appearance of the link may not be such as to dilute or injure the goodwill associated with CCADS. CCADS expressly reserves the right to revoke its consent to any link and/or to amend its “Links” policy at any time within its sole discretion. If you wish to link to our web site in any manner other than as expressly conditioned above, you must first obtain written approval from CCADS, whose approval may be withheld for any reason within its sole discretion.
Email Security
E-mail messages that you send to CCADS by e-mail may not be secure. If you choose to send confidential information to CCADS, we will attempt to respond in a timely manner via e-mail, but you assume the risk that a third party may intercept this information. If you wish to maintain secure communications, you should use the telephone.
Use of Cookies
CCADS may collect data regarding the numbers of visitors to the web site, the pages visited, and other information pertaining to the users of the web site. This data is collected to improve our services. In this regard, we may use data, known as “cookies,” that reside on your computer in order to personalize our services in response to your use of this web site. The cookies do not extract information about you. Your browser should allow you to control whether and how you receive cookies.
Operation and Maintenance of the Site
CCADS operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where[ckk1] CCADS has advance knowledge of any interruption to the Site's services, CCADS will make reasonable efforts to provide advance notice to You of any such interruption.
Monitoring Use of the Site
CCADS may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in your information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by CCADS in accordance with the Privacy Policy of the Site.
Changes to these Terms of Use
CCADS reserves the right to make updates, improvements or changes to these Terms and Conditions, and to the web site and its contents, at any time without prior notice to You, and your continued use of the Site or the Services following any changes, shall be deemed to be your acceptance of these Terms of Use, as they may be in effect from time to time. Please consult this Terms and Conditions page of the Site each time You view or use this Site. Any rights not expressly granted by CCADS herein are reserved.
Submissions
CCADS welcomes your comments regarding this web site. However please be advised that any comments, feedback, ideas, suggestions or other communications that CCADS receives from you (collectively, “Responses”) shall be deemed and remain the exclusive property of CCADS. Your submission of any such Responses shall constitute an assignment to CCADS of all your rights, titles and interests in such Responses and CCADS will have a right to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Therefore, you should not send us any Responses that you do not wish to assign to us, including any confidential information or any original creative materials.
No Unlawful Use
As a condition of your use of this web site, you warrant that you will not use this web site for any unlawful purpose or any purpose prohibited by these terms, conditions and notices.
Governing Law
This web site (excluding any other web sites that are linked to this web site) is owned by CCADS with principal offices in El Dorado Hills, California. Therefore by accessing and using this web site you agree that the laws of the State of California, without regard to conflicts of laws principles shall govern all actions and proceedings arising out of or relating to the use of the web site. You also agree and hereby submit to the exclusive jurisdiction of the state and federal courts for El Dorado Hills, California, with respect to all actions and proceedings arising out of or pertaining to this web site.
Severability
If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severed from these Terms and Conditions and such court shall replace such severed provision by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
Attorneys Fees
In the event you breach these Terms and Conditions and CCADS is required to retain legal counsel to enforce its rights hereunder (whether CCADS commences legal proceedings or not), you agree to pay the costs and reasonable attorneys’ fees incurred by CCADS in enforcing its rights.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and CCADS with respect to your using and viewing of this web site and supersede all prior agreements, whether electronic, oral, or written, between you and CCADS regarding the same. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. However if you purchase any product or service from CCADS, the terms and conditions pertaining to such purchase and which are stated in a separate purchase order or agreement (as opposed to these Terms and Conditions) shall govern such purchase.