Revised June 14, 2019
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE —
Use of Materials Limitations
1. All materials contained in the Website are the copyrighted property of CSI or its suppliers. All trademarks, service marks, and trade names are proprietary to CSI or its suppliers. Unless otherwise specified, the Website is for Your personal and non-commercial use, and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without written permission.
No Unlawful or Prohibited Use
2. As a condition of Your use of the Website, You will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any CSI server, or the network(s) connected to any CSI server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any CSI server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
By way of example, and not as a limitation, You agree that when using the Website, You will not:
– Transfer or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws or by rights of privacy or publicity, including, by way of example and not as a limitation, copyright or trademark laws, unless You own or control the rights thereto or have received all necessary consents to do the same.
– Use any material or information, including images or photographs, which You obtain through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
– Publish, transfer, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others.
– Transfer or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, spyware, adware, corrupted files, or any other similar software or programs that may damage or affect the operation of another person’s computer or property in any way that may be adverse or unwanted.
– Use the Software or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages, whether commercial or otherwise.
– Use any portion of the Software or Services to harvest or otherwise collect information about others, including e-mail addresses or personally identifiable information.
– Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.
NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY
7. CSI MAY MAKE CHANGES TO THE WEBSITE, TECHNICAL SPECIFICATIONS, PRODUCT AND SERVICE OFFERINGS AND ANY OTHER INFORMATION, SERVICES AND MATERIALS ON THE WEBSITE, AND MAY DISCONTINUE, DISABLE OR REMOVE ACCESS TO THE WEBSITE IN ITS ENTIRETY OR TO YOU SPECIFICALLY, ANY TIME AND WITHOUT NOTICE, FOR ANY REASON OR FOR NO REASON, IN ITS SOLE DISCRETION.
9. Applicable Law. You agree that this Agreement, all claims under this agreement and all claims arising out of or relating to the use or operation of the Offerings are governed by the laws of the State of Delaware, without reference to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless both You and CSI otherwise agree in writing, any arbitration shall be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. The arbitration shall be conducted within the State of Delaware, or at such other location as may be agreed to by both parties. Claims shall be heard by a single arbitrator, unless the claim amounts exceed US$300000, in which case the dispute shall be heard by a panel of three arbitrators. If the claim amounts are US$500000 or less, there shall be no discovery other than the exchange of documents. If the claim amounts exceed US$500000, discovery by each party may also include no more than one deposition of six hours or less. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators shall have no authority to award punitive or consequential damages or other damages not measured by the prevailing party’s actual and not consequential damages, except as may be required by statute. Each party shall bear its own costs and expenses, and the arbitrators may determine how other costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding this arbitration provision, both You and CSI each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
11. LIMITATIONS. YOU AND CSI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION INITIALLY ARISES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. Submissions. CSI welcomes contributions and feedback. By making a Submission in any form, including without limitation posting, uploading, inputting, sending or disclosing any information, ideas, concepts, techniques, demos, samples, creative works, feedback, data, questions, comments, reviews, critiques, criticisms or suggestions to CSI, its suppliers, service providers or the general public, You agree to grant to CSI, its suppliers and affiliated companies a non-exclusive, perpetual and irrevocable license to use Your Submissions, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat Your Submission, to develop, manufacture, and market products incorporating Your Submission, and to sublicense such rights to any supplier or service provider. You agree that any Submission is provided solely for the benefit of CSI, its suppliers, service providers, and users of its software, services and website, and You will not expect, seek or receive any compensation for Your Submission.
18. Waiver. CSI’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
19. Headings. Headings and paragraph numbers are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.