ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Cmclick.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions.
and International copyright and trademark laws protect the entire contents
of the Site. The owners
the intellectual property, copyrights and trademarks are cmclick.com, its
affiliates or other third party
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
may print and download portions of material from the different areas of
the Site solely for your own
use provided that you agree not to change or delete any copyright or proprietary
materials. You agree to grant to cmclick.com a non-exclusive, royalty-free,
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of,
display and publicly perform any materials and other information (including,
without limitation, ideas
therein for new or improved products and services) you submit to any public
areas of the Site (such
bulletin boards, forums and newsgroups) or by e-mail to cmclick.com by
all means and in any media now
or hereafter developed. You also grant to cmclick.com the right to use
your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
material related thereto. You agree that you shall have no recourse against
cmclick.com for any
or actual infringement or misappropriation of any proprietary right in
your communications to
other trading names of cmclick.com or its Web sites, publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of cmclick.com, including the "look" and
"feel" of the Site, cmclick.com's color combinations, layout, and all other
graphical elements. Any use of cmclick.com's trademarks is strictly prohibited
without the express permission from cmclick.com. Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site.
understand that, except for information, products or services clearly identified
as being supplied by
cmclick.com does not operate, control or endorse any information, products
or services on the
in any way. Except for cmclick.com- identified information, products or
services, all information,
and services offered through the Site or on the Internet generally are
offered by third parties that are
affiliated with cmclick.com. You also understand that cmclick.com cannot
and does not guarantee or
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan
or other code that manifest contaminating or destructive properties. You
are responsible for
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
connection with your use of the Site, you agree you will not:
Transmit any message, information, data, text, software or images, or other
content ("Material") that is
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise
that may invade another's right of privacy or publicity;
Impersonate any person or entity, including but not limited to, an cmclick.com
official, forum leader, guide or host or falsely state or otherwise misrepresent
your affiliation with a person or entity;
Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or
contractual or fiduciary relationships (such as nondisclosure agreements);
Post or transmit any Material that contains a virus or corrupted data;
Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any
Use the Site's communication features in a manner that adversely affects
the availability of its resources to
users (e.g., excessive shouting, use of all caps, or flooding continuous
posting of repetitive text);
Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam,""chain letters,"
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any Material that infringes any patent, trademark, trade
secret, copyright or other
rights of any party;
Delete or revise any Material posted by any other person or entity; or
Manipulate or otherwise display the Site by using framing or similar navigational
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
ON THE INTERNET GENERALLY, AND cmclick.com SHALL NOT BE LIABLE FOR ANY
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. cmclick.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
NO EVENT WILL cmclick.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE,
OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF cmclick.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME PARTS OF THE WORLD DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PLACES, cmclick.com'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment
for access to and use of the Site and all charges related thereto.
agree to indemnify, defend and hold harmless cmclick.com, its officers,
directors, employees, agents,
suppliers and any third party information providers to the Site from and
against all losses, expenses, damages and costs, including attorneys'
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or your use and access of the Site.
Third Party Rights.
provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are
for the benefit of cmclick.com and
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly
you on its own behalf.
party without notice may terminate this Agreement at any time for any reason.
The provisions of
1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification),
Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
Special Admonitions for International Use.
the global nature of the Internet, you agree to comply with all local rules
rules about the Internet, data, e-mail, or privacy. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
Dealings with Third Parties.
participation, correspondence or business dealings with any third party
found on or through the Site,
the payment and delivery of related goods or services, and any other terms,
conditions, warranties or
associated with such dealings, are solely between you and such third party.
You agree that
shall not be responsible or liable for any loss, damage or other matters
of any sort incurred as the result of any such dealings.
Site may provide, or third parties may provide, links to non-cmclick.com
Internet World Wide Web sites or resources. Because cmclick.com has
no control over such sites and resources, you acknowledge and agree
that cmclick.com is not responsible for the availability of such external
sites or resources, and does not
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that cmclick.com shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such
site or resource.
cause of action or claim you may have with respect to the Site must be
commenced within one (1) year
the claim or cause of action arises or such claim or cause of action is
barred. cmclick.com's failure to
upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver
any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to
any provision of this Agreement. cmclick.com may assign its rights and
duties under this Agreement to any party at any time without notice to
rights not expressly granted herein are reserved.
of the information on this Web site may contain projections or other forward-looking
statements regarding future events or the future financial performance
of cmclick.com. We wish to caution you that these statements are
only predictions and that the actual events or results may differ materially.
These documents contain and identify important factors that could cause
the actual results to differ materially from those contained in our
projections or forward-looking statements. They include, among others,
potential fluctuations in quarterly results, retention and dependence on
personnel; dependence on Internet advertising and a limited number
of advertisers, rapid technological and market change, competition, risks
associated with Internet infrastructure, volatility of stock price, limited
protection of intellectual property, and future growth subject to
are trademarks of Sun
Inc. Flash is a registered trademark of Macromedia.