Connected Nation’s Community Portal End User Terms of Service
Only the program volunteers, (hereinafter referred to as “End User”)who have been approved by Connected Nation and who have accepted the following Terms of Service may utilize this Portal. Connected Nation, Inc. and it subsidiaries (hereinafter referred to as “CN”) may disqualify or replace End Users for any reason at any time.
All End Users are required to accept the following Connected Nation’s Community Portal Terms of Service (“Terms of Service”) in order to utilize and participate in the Community Portal.
If you do not accept ALL OF THE FOLLOWING Terms of THIS SERVICE, you may not use thIS Service.
1. Use of the Service.
2. Support Services. All support services related to the Service and the Equipment (“Support Services”) will be provided by CN. You may obtain support by emailing email@example.com.
CN IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER THIRD PARTY WITH REGARD TO THE SUPPORT SERVICES OR OTHERWISE, AND CN DISCLAIMS ALL LIABILITY.
3. Content and Security: CN does not control and is not responsible for any third party websites, content, services or products that you may access or encounter during use of the Portal, and CN reserves the right to engage in Portal management to protect the overall integrity of the Portal, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. CN has the right to take actions they deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of these Terms of Service. You acknowledge that the Internet and wireless communications are not inherently secure means of data communication and while CN has taken commercially reasonable steps to secure transmission and storage of your data and access to the Portal, CN shall have no liability for breaches of security beyond their reasonable control, including, without limitation, your negligence with respect to controlling access to the Portal or your data.
You are solely responsible for using appropriate security devices, software, and other measures (including without limitation firewalls) to protect your systems and data from viruses, worms, Trojan horses, or other security threats, and CN HAS no responsibility or liability with regard thereto.
4. Ownership of Data: The Portal, including the Portal’s look, design, content, methodologies, logic and function are the exclusive property of CN. In addition, any material or content entered into the Portal, downloaded or otherwise obtained through use of the Portal is the exclusive property of CN. Entering information into the Portal constitutes permission for CN to use End User’s name, likeness, photograph and/or any and all other data and/or information entered into the Portal for any purpose without compensation except where prohibited by law. To the extent any End User may claim any rights in any content, End User hereby grants CN a world-wide exclusive, perpetual, and royalty free license and full right to use, reproduce, distribute, perform, display and create derivative works from its Portal entries. Any and all entries may be made public during or after the existence of the Portal.
5. Portal Quality and Maintenance: The speed and bandwidth available to each computer or device accessing the Portal may vary for a variety of reasons. CN reserves the right to engage in network management for the Portal, including without limitation taking various measures to prevent or eliminate malicious traffic patterns and preventing the distribution of viruses or other malicious code. In addition, CN must perform maintenance on the Portal, which may include planned or unplanned interruptions of the Portal. You acknowledge and agree that CN will not be responsible for any losses or damages suffered by you as a result of any Portal interruptions. You acknowledge that the Portal may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Portal.
6. Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, CN MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE PORTAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE PORTAL IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability: End Users agree to hold harmless and indemnify CN, its employees, parent, affiliates, subsidiaries, Sub-Recipients, contractors, and agents and respective directors, partners, officers, employees, licensees and assigns against any and all liability, damages or causes of action (however named or described), with respect to or arising out of End User’s participation in the Portal.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CN BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PORTAL, UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Modification and Discontinuation of Portal: CN reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Portal, the Support Services or any CN website (or any portion thereof) with or without notice.
9. Changes in Agreement: You acknowledge that CN has the right to change this End User Agreement from time to time. Any modified versions of these Terms of Service will be posted on the Portal website located at Connected Nation .You agree that the foregoing is sufficient notice of modifications and agree to be bound by such modified versions of this Agreement.
10. Governing Law; Statute of Limitations: These Terms of Service and the rights and obligations of the parties with respect to the Service will be governed by, and construed in accordance with the laws of the State of Kentucky, USA, without reference to the choice of law principles thereof.
ANY CLAIM ARISING OUT OF OR RELATED TO THE PORTAL OR THESE TERMS OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED.
11. General: If any part of these Terms of Service is found invalid (including without limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining portions of these Terms of Service, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Terms of Service constitutes the complete agreement between you and CN with respect to the subject matter hereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications, including without limitation communications on the website of CN, except as set forth above.