Terms of Use

Terms of Use

Last updated:  October 10, 2012

These terms of use (“Terms”) govern your access to and use of www.create.org (“Site”) offered by The Center for Responsible Enterprise And Trade (“CREATe,” “we,” or “us”).  Please read the Terms carefully before using the Site.  By accessing or using the Site, you are indicating that you have read, understand and agree to be bound by these Terms.

Ownership and Use of the Site and Content

• Proprietary Rights.  CREATe respects copyright and other intellectual property laws and expects users to do the same.  The technology, information and content on the Site, and the trademarks, service marks and logos used with the Site (collectively, the “Content”), are owned by or licensed to CREATe, and are subject to copyright, trademark and other intellectual property protection under the law.  This Content includes the text, graphics, images, audio, video, information or other materials available at the Site.
• Permitted Use.  You may access, copy and display the Content solely to use the Site in accordance with its intended purpose, as permitted through the provided functionality of the Site and under these Terms. 
• Prohibited Use.  You shall not copy, modify, distribute, transmit, sell, license or otherwise use or exploit any Content for any other purpose without the prior written consent of CREATe or the respective licensors of the Content. CREATe and its licensors reserve all rights not expressly granted in and to the Site and the Content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content. 
• User Submissions.  When you post your own material on or through the Site, you retain ownership of any copyright you claim to your submitted material (“User Submission”). You are solely responsible for the User Submissions that you provide and the consequences of submitting this material to the Site. You affirm, represent and warrant that you own or have the necessary copyright, licenses, rights, consents and other permissions to submit this material, and you grant CREATe a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use this material in conjunction with the Site, under these Terms.  You further grant CREATe the right to use your name and likeness in association with any use of your User Submission permitted under these Terms.   
• Privacy and Confidentiality.  We will keep personal information that you may supply us confidential, under the terms of CREATE’s Privacy Statement at [link], which describes how the Site collects, uses, and discloses information about you.  

Use for Informational Purposes

The Site is intended for informational and educational purposes only; it is not intended to provide and should not and cannot be considered as legal advice or legal opinion.  You assume sole responsibility for all actions you take based upon your review of the Content or other use of the Site.  Any reliance upon the Site or any Content is at your sole risk.

Misuse of the Site

You agree not to do or encourage or enable anyone else to do any of the following:

• Display, mirror or frame the Site, or any individual element within the Site, without CREATe’s express written consent;
• Tamper with or misuse non-public areas of the Site, CREATe’s computer systems, or the technical delivery systems of CREATe’s providers;
• Attempt to access or search the Site or Content or download Content from the Site through the use of any mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CREATe or other generally available third party web browsers;
• Interfere with, or attempt to interfere with, the Site or the access of any user, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation, or use the Site or Content for any illegal or unauthorized purpose.

You acknowledge that CREATe has no obligation to monitor your access to or use of the Site, but has the right to do so. 

Copyright Policy

CREATe respects copyright law and expects its users to do the same. Please see CREATe’s Copyright Policy at http://www.create.org/copyright-policy, for further information.

Links

The Site may contain links to third-party websites or resources. CREATe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services available from such websites or resources. Links to such websites or resources do not imply any endorsement by CREATe. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Warranty and Liability Limitations

• Warranty Disclaimer.  THE SITE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CREATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CREATE MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CREATE MAKES NO WARRANTY REGARDING THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.  NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CREATE OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
• Indemnity.  You agree to defend, indemnify, and hold CREATe, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Content, or your violation of these Terms.
• Limitation of Liability.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND CONTENT REMAINS WITH YOU. NEITHER CREATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CREATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• Limitation of Damages.  IN NO EVENT WILL CREATE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE  OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CREATE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General Provisions

• Entire Agreement.  These Terms constitute the entire and exclusive understanding and agreement between CREATe and you regarding the Site and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CREATe and you regarding the Site.  If you do not agree to these Terms, then you have no right to access or use the Site. 
• Assignment.  You may not assign or transfer these Terms, by operation of law or otherwise, without CREATe’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CREATe may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
• Modification.  CREATe reserves the right to modify, discontinue or terminate the Site or to modify these Terms at any time. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site after we have modified these Terms, you are indicating that you agree to be bound by the modified Terms. 
• No Waiver. The failure of CREATe to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
• Termination.  CREATe reserves the right to revoke your access to and use of the Site and Content without prior notice at any time, with or without cause.  Otherwise applicable portions of these Terms survive termination of these Terms, including the applicable portions of the sections relating to Proprietary Rights; Prohibited Use; User Submissions; Privacy and Confidentiality; Use for Informational Purposes; Misuse of the Site; Warranty and Liability Limitations; and General.
• Controlling Law and Jurisdiction.  These Terms and any action related thereto will be governed by the laws of the District of Columbia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the District of Columbia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Contacting CREATe

If you have any questions about these Terms, please contact CREATe at info@CREATe.org.