1. Use of Website Documents
You may download, view, copy, and print documents, including graphics incorporated in the documents, that Cambria publishes on the Site (“Documents”) such as white papers, press releases, and product information subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any Documents or other Content from the Site in whole or in part without the express authorization of Cambria.
2. Use of Software
Any software and accompanying documentation you download or access through the Site (“Software”) is the copyrighted work of Cambria and/or a third party software provider. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. Your use, reproduction, or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. All rights, title, and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an “as is” basis, and Cambria expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. Use of Forums and Public Communication
“Forum” means a discussion group; chat area; bulletin board; news group; blog; wiki; letter to Cambria, its webmaster, or employees; e-mail function; or other service in connection with which you can upload, e-mail, post, publish, or otherwise transmit Content. You agree not to upload, e-mail, post, publish, distribute, or otherwise transmit through a Forum any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred, or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam,” or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not upload, e-mail, post, publish, distribute, or otherwise transmit any Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Cambria, you agree not to collect or store personal data about other users.
By uploading, e-mailing, posting, publishing, or otherwise transmitting Content to any Forum or submitting any Content to Cambria, you automatically grant (or warrant that the owner of such rights has expressly granted) Cambria a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, transmit, and distribute such Content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Content have been waived.
Cambria has no obligation to monitor Forums or participate in Forums. However, Cambria reserves the right to review Forum Content and remove any Content at its sole discretion and without liability to you in doing so.
4. Passwords and Security
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Cambria immediately of any unauthorized use of your password(s) or account(s).
5. No Unlawful or Prohibited Use
6. Termination of Use
You agree that Cambria may, in its sole discretion, at any time terminate your access to the Site, including Forums, and any account(s) you may have in connection with the Site, without any liability to you in doing so. Access to the Site and activity on the Site may be monitored by Cambria.
7. Third Party Websites, Content, Products, and Services
The Site provides links to websites and access to Content from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that Cambria is not responsible for the availability of, and Content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Cambria is not responsible for third party Content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Cambria is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Cambria is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Except where expressly provided otherwise, the Site, and all content, documents, materials, information, software, products, and services provided on the Site, are provided on an “as is” and “as available” basis. Сambria expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Сambria makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any content, documents, materials, information, software, products or services offered through the Site will be accurate or reliable; or (d) the quality of any content, documents, materials, information, software, products, or services purchased or obtained by you through the Site will meet your expectations.
Any content, documents, materials, information, software, products, or services downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Cambria shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content, documents, materials, information, software, products, or services whether or not via the Site.
Cambria reserves the right to make changes or updates to the Site at any time without notice.
9. Limitation of Liability
In no event shall Cambria be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site or any content, documents, materials, information, software, products or services downloaded or otherwise obtained through the use of the Site.
10. Exclusions and Limitations
13. Export Restrictions/Legal Compliance
You may not access, download, use, or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Cambria in violation of any such restrictions, laws, or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Cambria outside the U.S. Neither the services of Cambria nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria, or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a Massachusetts state or federal court. You and Cambria agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
15. Copyright/Trademark Information
Cambria, Cambria Consulting, Cambria Coaching, Cambria Survey, and Cambria Interactive are all registered trademarks of Cambria Consulting. Other names or logos absent from this list does not constitute a waiver of any and all intellectual property rights that Cambria Consulting has established in any of its products, features, or service names or logos. Other names appearing on the Site may be trademarks of their respective owners.