YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE WEBSITE, AND 18 YEARS OLD TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND ENTER INTO THIS AGREEMENT ON YOUR BEHALF.
Permitted Uses. CCM grants you a non-exclusive, non-transferable, limited license (“License“) to access the Website and use its content as expressly permitted in this Agreement. Under this license, you are permitted to access, view, download and use this Website and the material provided hereon solely for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement.
Restrictions on Use of Materials
Subject to this Agreement, you may participate in surveys, questionnaires, bulletins and any other interactive programs or services available on the Website in accordance with instructions available on the Website. In addition, you may view, download and print the Content solely for your personal, noncommercial and informational use.
Becoming a Registered User
Under the terms of the License, you are permitted to register and use the Website in accordance with this Agreement. You must register in accordance with instructions that you will find on this Website to participate in any surveys, questionnaires, forums or other interactive features of the Website. A “Forum” means any chat room, message board, bulletin board, or similar activity where you and other users of our Website can communicate. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website.
Privacy and Security
Community Standards and Conduct Guidelines
Copyright Notice. You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content. If you reproduce Content from the Website, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with it.
Passwords. Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You may not share your password(s), account information, or access to the Website. 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 Website. You agree to notify CCM immediately of any unauthorized use of your password(s) or account(s).
Disclaimer. THE WEBSITE AND CONTENT ARE PROVIDED “AS IS.” WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE OR THE CONTENT. WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION. CCM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
Limitations of Liability and Remedies.
(a) YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND THE CONTENT.
(b) IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RESULTING FROM LOSS OF PROFITS OR BUSINESS, OR RESULTING FROM ANY ERROR IN THE CONTENT, OR RESULTING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT, OR RESULTING FROM ANY UNAVAILABILITY OF THE WEBSITE, OR RESULTING FROM HARM TO YOUR PERSON, HARM OR LOSS OF EQUIPMENT, SOFTWARE OR DATA, OR RESULTING FROM ANY CLAIM AGAINST YOU BY A THIRD PARTY), WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE CONTENT, EVEN IF WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory. Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under this Agreement fails of its essential purpose.
Indemnity. You agree to indemnify and hold harmless CCM, and its officers, trustees,
directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this Agreement or your use of the Website or the Content.
Applicable Law and Jurisdiction. The Website (excluding links) is controlled and operated from our facilities in and around Bennington, Vermont. While we have made no effort to publish the Website elsewhere, because the Website is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Vermont, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Website, by accessing or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the laws of the State of Vermont, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved exclusively in the state and federal courts of the State of Vermont. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum).
General. If any provision of this Agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
BY REGISTERING TO USE THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR AT LEAST 13 YEARS OF AGE, AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT.