THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND CCA GLOBAL PARTNERS, INC., A DELAWARE CORPORATION, OR ONE OF ITS SUBSIDIARY OR AFFILIATED COMPANIES, OR THE ENTITIES MANAGED BY THEM, WHICH HAS SPONSORED THE WebSite (“We” or “Company”). BEFORE ACCESSING OR USING ANY PART OF THE innoviacoop.com WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (“TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS Company WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE Company WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “Company WebSite”). Company IS WILLING TO LICENSE AND ALLOW THE USE OF THIS Company WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE Company WEBSITE AND ARE INSTRUCTED TO EXIT THE Company WEBSITE IMMEDIATELY.
on-linenetwork. You may also load information from the Company WebSite into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the Company WebSite solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Company WebSite on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Company regarding access and usage privileges for the Company WebSite, including, without limitation, a member services agreement with Company. Nevertheless, your personal use of the Company WebSite will be subject to the obligations and restrictions regarding use of the Company WebSite as set forth in this TOS.
globalcommunication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Company WebSite. You agree to assume all responsibility concerning activities related to your use of the Company WebSite, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Company WebSite, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Company WebSite shall only be available through the sole discretion of Company or pursuant to the terms and conditions of a separate written agreement with Company.
user nameand a password. Only one Authorized User can use one
user nameand password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your
user nameand password can gain entry to the Company WebSite and to your account. Accordingly, by using the Company WebSite, you agree to consider your
user nameand password as confidential information and to keep your
user nameand password confidential. You also agree not to use another Authorized User’s
user nameand password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your
user nameand password.
Companycannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a
user nameor password at any time and for any reason.
Company’spersonal identifying information collection and use practices. Such Policy is incorporated herein and a part hereof.
defames,harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
are“off-topic” for a designated Forum, and
As Forums are public (or semi-public for member use), the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use good “netiquette.” Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Company encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
Companyis not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Company’s right and ability to delete or remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Company reserves the right, for any reason, to delete or take other action with respect to Postings (or parts thereof) that violate this TOS and/or
potentially, unlawful or harmful to Company or its products, services, and goodwill. If you violate this TOS, Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Company WebSite. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Company as provided below.
htmlcode), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Company WebSite, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Company WebSite may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in
particularand without limitation, with respect to illegal use of terms confusingly similar to any of Company’s trademarks. All rights reserved.
Companyalso owns a copyright in the contents of the Company WebSite as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Company WebSite. Any downloadable or printable programs, directories, databases, information, or materials available through the Company WebSite and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company.
Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
Companywelcomes your feedback and suggestions about Company’s products or services or the Company WebSite. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Company WebSite will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Companymay provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Company and are maintained by third parties over which Company exercises no control. Accordingly, Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any
Web siteor the products or services provided by any third party.
Company, in its sole discretion, may post the advertisements of third parties on the Company WebSite and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Company’s members. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Company WebSite are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Company WebSite, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Company WebSite.
god, wars, and government restrictions.
MOREOVER, IN NO EVENT SHALL Company BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Company OR PARTNER WEBSITES, WITH THE DELAY OR INABILITY TO USE THE Company OR PARTNER WEBSITES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Company OR PARTNERS WEBSITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Company FOR ANY REASON WHATSOEVER RELATED TO USE OF THE Company OR PARTNER WEBSITES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Company, OR IN THE CASE OF A PARTNER WEBSITE, TO THAT PARTNER, IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS. THE PROVISIONS OF THIS SECTION EXTEND TO THE PARENTS, SUBSIDIARIES, AND AFFILIATES OF Company, AND THE FRANCHISEES, MEMBERS, AND LICENSEES OF THE ENTITIES MANAGED BY Company and by THEM, SUCH AS PROPERTY MANAGEMENT COMPANIES, AND CONDOMINIUM AND HOMEOWNERS’ ASSOCIATIONS.
Companymakes no representation that the Company WebSite is appropriate or available for use in other locations outside the United States and Canada, and access to the Company WebSite from states, territories, or nations where any aspect of the Company WebSite is illegal is prohibited. You access the Company WebSite on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Company WebSite. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this TOS.
Companywill also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt
operationof or access to the Company WebSite, or any portion of the Company WebSite, in order to protect the Company WebSite, Company, or Company’s business.
at:CCA Global Partners, Inc., Attention: In-house Counsel, 4301 Earth City Expressway, St. Louis, Missouri 63045-1334, telephone 314-506-0000.
TOSwill cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You
thereforeagree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as Company’s licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as
useof the Company WebSite, and it supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral,or written between you and Company with respect to the Company WebSite.
We take Your privacy seriously and want Your experience with innoviacoop.com to be both satisfying and safe. In this Policy, the site is referred to as the “Site” and the “Service,” which are provided by “Us,” “Our,” and “We,” to which You subscribe upon Your agreeing to the Terms of Service and End User License Agreement. This Policy sets forth the steps We take to accomplish this result, and We urge You to read it carefully.
not,control any Website which You may visit through a “link” from the Site, and such other Websites may have their own privacy policies that may differ substantially from ours. Also, any third party advertisers who advertise on the Site or through the Site may also adhere to their own privacy policies, which may also be different from ours. When visiting advertisers or any other Website or business You reach by “clicking” on a link on the Site, You are subject to the privacy policies of that third party. We encourage You to ask questions before You disclose Your personal information to others. Unless otherwise notified, We will not collect personal health information from You. If in the future We do collect such personal health information, We will do so in compliance with Our Personal Health Information Policy, a copy of which will be made available to You.
howeverif You choose to withhold or not provide requested information, We may not be able to provide You with the services or products You request. In general, Our service automatically gathers certain usage information like the numbers and frequency of visitors to the Site. We only use such data in the aggregate. This collective data helps
Usdetermine how much Our customers use parts of the Site, so We can improve the Site. We may also track certain information about Your behavior on the Site. We use this information to do internal research on Our users’ demographics, interests, and behavior to better understand and serve You and Our community. This information may include the URL that You came from (whether this URL is on Our site or not), which URL You next go to (whether this URL is on Our site or not), what browser You are using, and Your IP address.
as:(i) to display information more effectively to Our users, (ii) to help
Usimprove the Site.
Wellas other third parties to enforce laws, such
as:intellectual property rights, fraud
andother rights. You may terminate any of the disclosures set forth in the preceding sentence by terminating Your use of Our Site(s); however, it may not be possible to terminate the use of information collected about You through the date of termination, including information collected by other parties and sites you accessed through Our Site. We may disclose (and You authorize Us to disclose) any information about You to law enforcement in response to subpoenas or court orders, or other government officials or agencies as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is a violation or potential violation of law or may expose Us or You to legal liability. The provisions of this Section extend to Our parents, subsidiaries, and affiliates and to the members, franchises, and licensees of the entities managed by them.
may,provide some of Your personally identifiable information to an external service provider to facilitate the provision of their products and services to You. To prevent Our disclosure of Your personally identifiable information to an external service provider, You can decline such disclosures or simply not use their services. Once Your personally identifiable information is disclosed to an external service provider, their use of Your personally identifiable information is governed by their disclosure policies and practices.
removalof such personally identifiable information from any such public section of the Site.
Usat email@example.com. In the event You deactivate Your account, such information will be deactivated as soon as reasonably possible in accordance with Our deactivation policy and applicable law. We may retain in Our files information You have requested to remove from internet access, and may use such information in some circumstances, such as to resolve disputes, troubleshoot problems, and enforce Our TOS. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored “back up” systems. Therefore, You should not expect that all of Your personally identifiable information will be completely removed from Our databases in response to Your requests.