Terms Of Use

RESTRICTIONS ON USE
This WEBSITE, which includes the CLIENT SUPPORT AREA, is owned and operated by CANOGA PERKINS CORP. and contains material which is derived in whole or in part from material supplied by CANOGA PERKINS CORP., and other sources, and is protected by digital rights management laws, copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any way, any material from this WEBSITE including code and software (collectively referred to as “MATERIAL”). You may download selected MATERIAL from this WEBSITE that is designated for download, and if you have authorized access to a restricted area of the WEBSITE, to MATERIAL from the restricted area of the WEBSITE, for your personal, non-commercial use only, or as otherwise expressly stated, provided you keep intact all copyright and other proprietary notices.

LICENSE TO CANOGA PERKINS CORP.
By transmitting any data to this WEBSITE in whatever form, including but not limited to messages, files, form input data (collectively referred to as “COMMUNICATION”), you grant CANOGA PERKINS CORP. a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, or display any such COMMUNICATION; and

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the COMMUNICATION.

The foregoing grants shall include the right to exploit any proprietary rights in such COMMUNICATION, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.

DISCLAIMER
THE MATERIALS IN THIS WEBSITE AND ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CANOGA PERKINS CORP. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANOGA PERKINS CORP. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR THAT ALL MATERIAL IS ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER MALICIOUS SOFTWARE. CANOGA PERKINS CORP. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT CANOGA PERKINS CORP.) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.

FURTHER RESTRICTIONS ON WEBSITE USE:
It is a condition of your use of this WEBSITE that you do not:

• restrict or inhibit any other user from using the WEBSITE;

• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;

• post or transmit any information, software, or other material which violates, or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

• post or transmit any information, software or other material which contains a virus or other harmful component; and

• post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall CANOGA PERKINS CORP., its parent company, affiliates or their subsidiaries be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use CANOGA PERKINS CORP.’s MATERIALS. You specifically acknowledge and agree that CANOGA PERKINS CORP. is not liable for any defamatory, offensive or illegal conduct of any user of this WEBSITE.

TERMINATION
This Agreement is effective until terminated by CANOGA PERKINS CORP., at any time, without notice. In the event of termination, you are no longer authorized to access the CLIENT SUPPORT AREA or other area of the WEBSITE and the restrictions imposed on you with respect to MATERIAL download from the WEBSITE, including the CLIENT SUPPORT AREA, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.

OTHER
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States of America without giving effect to any principles of conflicts of law. By your use of this WEBSITE you agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the State and Federal courts located in the State of California, or as otherwise solely determined by CANOGA PERKINS CORP. By your use of this WEBSITE you consent to submit to personal jurisdiction of a State or Federal court located in the State of California, or as otherwise solely determined by CANOGA PERKINS CORP. and you expressly waive any objection to venue there; by your use of this WEBSITE you consent to service of process by overnight courier or express mail at your last known address, or by email if we have no other valid address for you. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.