- License. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the CorCom Website and the CorCom Content conditioned on your compliance with this Agreement. You may use the CorCom Websites and the CorCom Content only for your noncommercial personal use and for no other purpose. CorCom reserves the right to bar, restrict or suspend any user's access to the CorCom Websites and the CorCom Content and to terminate this license at any time for any reason. CorCom reserves all rights not explicitly granted in this Agreement.
- Restrictions. You may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), any part of the CorCom Websites or the CorCom Content. Further, you may not (i) use the CorCom Websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the CorCom Websites, including CorCom Content; (ii) interfere with the proper working of the CorCom Websites, including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the CorCom Websites or the CorCom Content. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Click-Through. Before using certain areas of the CorCom Websites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept", "I Agree" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between the terms of this Agreement and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
- Registration and Personal Information. Certain features and areas of the CorCom Websites are available only with registration, login or a paid subscription. As such, you may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the CorCom Websites or CorCom Content including, without limitation, your name or your company's name, login credentials (e.g., your e-mail address and password), address, telephone number(s), e-mail address, and/or applicable payment data for orders placed for goods and services (for example, credit card number, street address, and expiration date) (collectively, "Information"). You represent, warrant and covenant to us that any Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information. If you are required to register and select a unique login and password ("Login Information"). Your Login Information is personal to you, and you may not allow any third party to use it under any circumstances. CorCom is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Information. You must inform CorCom immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Information or otherwise wish to deactivate your Personal Login Information due to security concerns.
You are solely responsible for maintaining the strict confidentiality of your Login Information and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Login Information, your disclosure of your Login Information, or your authorization to allow another person to access and use the Services using your Login Information in violation of our policy. You agree to immediately notify us if you believe the security of your Login Information has been compromised in any way.
- Prohibitions. You agree to abide by all applicable laws and regulations with respect to your use of the CorCom Websites and the CorCom Content and not interfere with the use and enjoyment of the CorCom Websites by other users or with CorCom's operation and management of the CorCom Websites. You agree to provide true, accurate, current, authorized, and complete information when submitting information on the CorCom Websites, including, without limitation, information required to be provided through any registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, we reserve the right to terminate your access and use of the CorCom Websites immediately and without notice.
In addition, you also agree that you will not use the CorCom Websites to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Trademarks, etc. CorCom Content includes, without limitation, (i) CorCom’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "CorCom Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the CorCom Websites. CorCom Content is the property of CorCom, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any CorCom Content by you, or by you through any other person or entity, is prohibited without CorCom’s written consent. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the CorCom Content, including any such notices appearing on any CorCom Content you are permitted to download, transmit, display, print, or reproduce from the CorCom Websites.
- Disclaimer. Use of the CorCom Websites is solely at your risk and is subject to, without limitation, all applicable laws and regulations. Unless expressly required by law, CorCom does not guarantee the confidentiality or security of any communication or other material transmitted to or from the CorCom Websites over the Internet or other communication network. CorCom shall not be obligated to correct or update the CorCom Websites or the CorCom Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the CorCom Websites.
- NOT A LAW FIRM; NOT LEGAL ADVICE. CORCOM IS NOT A LAW FIRM AND THE CORCOM CONTENT AND ANY INFORMATION AVAILABLE ON THE CORCOM WEBSITES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. FURTHERMORE, CORCOM CONTENT MAY NOT REFLECT RECENT CHANGES IN THE LAW; ACCORDINGLY, CORCOM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE CORCOM CONTENT IS GUARANTEED TO BE COMPLETE OR CORRECT. YOU ARE RESPOSIBLE FOR VERIFYING THE ACCURACY OF CORCOM CONTENT AND FOR RETAINING LEGAL COUNSEL TO ADVISE YOU WITH RESECT TO LEGAL MATTERS AS THE CORCOM CONTENT DOES NOT CONSTITUTE LEGAL ADVICE.
- Third Parties. The CorCom Websites and the CorCom Content may contain materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers are those of the respective third party and not of CorCom. CorCom makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
The CorCom Websites may contain advertisements. The inclusion of advertisements on the CorCom Websites does not constitute or imply endorsement of the advertised products or services. CorCom shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the CorCom Websites. CorCom shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the CorCom Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE CORCOM WEBSITES OR THE CORCOM CONTENT OR ANY PRODUCT, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
- ADDITIONAL DISCLAIMER. THE CORCOM WEBSITES AND CORCOM CONTENT ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CORCOM WEBSITES AND CORCOM CONTENT, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE CORCOM WEBSITES OR OUR CORCOM CONTENT ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CORCOM CONTENT OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE CORCOM WEBSITES AND CORCOM CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CorCom shall not be liable, and disclaims any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the CorCom Websites or CorCom Content; (ii) from any interruption in the availability of the CorCom Websites and/or CorCom Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the CorCom Websites, or transactions entered into, through or from the CorCom Websites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the CorCom Websites; (vii) from any delay or failure of the sites arising out of causes beyond CorCom’s control; (viii) out of the use of, reference to, or reliance on, the CorCom Websites or CorCom Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the CorCom Websites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the CorCom Websites or CorCom Content.
- Limitation on Rights. In the event you are dissatisfied with, or dispute, the terms of this Agreement, the CorCom Websites and/or the CorCom Content, your sole right and exclusive remedy is to terminate your use of the CorCom Websites, even if that right or remedy is deemed to fail of its essential purpose. You agree that CorCom has no other obligation, liability or responsibility to you or any other party.
- Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless CorCom harmless from and against all claims arising from or in any way related to your use of the CorCom Websites and/or CorCom Content, a violation by you of this Agreement, or any other actions connected with your use of the CorCom Websites and/or CorCom Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees.
This Agreement and all matters regarding your use of the CorCom Websites and CorCom shall be governed by, construed in accordance with, and enforced under the laws of the State of South Carolina applicable to contracts made and executed and wholly performed in the State of South Carolina, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.
Revised November 20, 2020.