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Terms of Use and Important Legal Notices
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Before using this Web site,
please read the Terms of Use set forth below. By using this Web site you agree
to be bound by the Terms of Use. Cherokee Group, Inc. and its affiliates,
subsidiaries, employees, and Clients ("We" or such conjugation thereof
as the context may require such as "Cherokee') reserve the right to review
and revise the Terms of Use from time to time without prior notice and, by using
this site subsequent to any revision of the Terms of Use, you agree to be bound
by such changes. If you find the Terms of Use to be unacceptable, you must
immediately terminate your use of this Web site.
1.
No Representations Or Warranties
The services provided on
this Web site and the content, information, documents, graphics and images
published at this Web site could include inaccuracies, typographical errors or
other errors. We make no commitment, however, to update what is contained in
this Web site. Furthermore, we reserve the right to temporarily, or permanently,
modify, alter, discontinue or delete the same without prior notice.
Consequently,
TO THE EXTENT PERMITTED BY
LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS
IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site
should not rely upon opinions expressed at this Web site when making business,
financial, personal or other decisions. Furthermore, we do not endorse the
opinions of third parties expressed on this Web site or on linked Web sites.
2.
User Warnings/User Conduct
We make certain services
available to certain Clients, employees, contractors, and others, including without limitation, email, message boards and other
collaboration and communication services; provided that you agree to abide by
the terms and conditions contained in these Terms of Use. Without limiting the
generality of the foregoing, in consideration for our providing such services,
you also agree not to:
a. Violate any applicable
law, regulation or rule;
b. Harass, offend, threaten, embarrass, distress or invade the privacy of
any individual or entity;
c. Post or transmit any commercial, advertising or promotional materials,
including without limitation, "spam" or mass distributions;
d. Provide false information on your registration form or impersonate
another person at any point;
e. Post or transmit false, inappropriate, improper, disorderly or
excessive messages or information;
f. Post any material that infringes upon any third party's copyright,
trademark, patent or other intellectual property right;
g. Use any information found on this web site to unfairly influence the
results of an Evaluation;
h. Make any attempt to infer the specific individuals who might be
involved in an Evaluation for the purposes of contacting them outside the
context of official, normal communications during an Evaluation (such as
contacting them at home or via intermediaries); or
i. Contact
our Clients or other Vendors in any attempt to determine the unreleased goals or
other evaluation metrics of an Evaluation.
If you violate such terms,
we may, without prior notice and without liability to you, ban you from any and
all services, terminate your registration, delete your messages or postings, and
take any other action we deem appropriate in our sole discretion.
With reference to any
services we provide, you acknowledge that we may, from time to time, without
notice to you and at our sole discretion, establish various practices,
limitations and restrictions for administering such services, including without
limitation: how often a service or account may be accessed; the maximum number
of days that messages or postings will be retained; the maximum number of
messages or postings allowed; the size and nature of messages and postings; the
maximum storage space available for an account; and all other matters related to
administration of services, and you agree to be bound by such practices. You
agree that we are not responsible or liable for deactivation or deletion of
accounts or access, or for loss of emails, communications, postings, data or
information as a result of, or arising out of, our administration of such
services.
We assume no responsibility
for the accuracy, integrity, quality completeness, usefulness or value of any
content, data, documents, graphics, images, information, advice, or opinion
contained in any emails, message boards, or community services, or in any other
public services, and do not endorse any advice or opinion contained therein. We
do not monitor or control such services, although we reserve the right to do so.
We may take any action we deem appropriate, in our sole discretion, to maintain
the high quality of our web site, and to protect ourselves, our Clients, and
others.
3.
Web Site Links And Third-Party Sites
This Web site contains
links to other Web sites that are independent of this Web site. We make no
representation or warranty as to the accuracy, value, integrity, completeness or
authenticity of the information or opinions contained in any such linked Web
site, and any link to another Web site shall not in any manner be construed as
an endorsement by us of that Web site, or of the products or services described
therein. In no event will an endorsement by any of Cherokee’s clients be
construed as a result of any link or content on this web site.
Furthermore, these links
may lead to sites or links that contain offensive and objectionable content or
which may contain dangerous computer viruses. You assume, and we hereby
disclaim, all responsibility for any of the content on these sites or for any
damage sustained by users of these sites.
4.
Confidentiality
Your confidential use of
this site cannot be guaranteed by us. We shall not be responsible for any harm
that you or any person may suffer as a result of a breach of confidentiality in
respect to your use of this site.
5.
Security
On this or one of our Special Purpose Web Sites, you may have an account and password, or Digital
Certificate and password. You are responsible for maintaining the
confidentiality of your password and account information and are fully
responsible for all conduct carried out under this password and account. We are
not liable for any loss of confidentiality or for any damages arising from your
failure to comply with these terms. You will promptly report any unauthorized
use of your password to us.
6.
Limitation of Damages
IN NO EVENT WILL CHEROKEE,
OUR OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
CLIENTS, EVALUATION VENDORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS
OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION) ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER
MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED
WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES"
INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS
INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE
FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT
INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND
MATERIALS.
7.
Ownership
All right, title and
interest (including all copyrights, trademarks and other intellectual property
rights) in this Web site belong to us (Cherokee Group, Inc. NJ), or our Clients
or contractors. In addition, the names, images and other indicia identifying our
services are our proprietary marks. All other copyrights, trademarks and other
intellectual property rights referred to in this Web site belong to their
respective owners. You agree not to redistribute or rewrite any content on this
site, and will not "deep link" to any page or content on this site, or
"frame" any page or content on this site.
8.
License
Nothing contained in this
Web site shall be construed as conferring any license or right, expressly, by
implication, by estoppel or otherwise, under any of our intellectual property
rights, or under any third party's intellectual property rights, and no part of
this Web site may be reproduced, republished, copied, transmitted, or
distributed in any form or by any means.
9.
Indemnification
YOU AGREE TO HOLD HARMLESS,
DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES,
CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES,
SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR
USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR
OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY
ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION
BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
10.
Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW
JERSEY, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU
IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE
IN THE STATE AND FEDERAL COURTS LOCATED IN MIDDLESEX COUNTY, NEW JERSEY, USA,
AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE
FOREGOING COURTS.
11.
International Use
We do not represent that
all content, materials and services on our Web site are appropriate or available
for use in all geographic locations, especially some locations outside the
United States, and accessing such from certain locations may be illegal and
prohibited. Those who do access content, materials and services from such
locations act on their own initiative and we are not responsible for their
compliance with local laws or other applicable laws. You will not access the
foregoing where prohibited by law.
12.
Integration; Severability; General
These Terms of Use
incorporate by reference any notices contained on this Web site and constitute
the entire agreement with respect to your access to and use of this Web site. We
may modify these Terms of Use at any time by posting revised Terms of Use on our
Web site and your continuing use of such Web site and the services constitutes
your agreement to be bound by such modified Terms of Use. Any provision of these
Terms of Use that is determined by a court of competent jurisdiction to be
unenforceable in any jurisdiction shall be severable from these Terms of Use in
that jurisdiction without in any way invalidating the remaining provisions of
these Terms of Use. The unenforceability of any provision in a given
jurisdiction shall not make that provision unenforceable in any other
jurisdiction. Any litigation arising out of or in connection with these Terms of
Use or your use of our services must be commenced within one (1) year after the
cause of action arose, or it will be permanently barred.
Cherokee reserves the right to change these policies from time to time. If
Cherokee changes these policies with respect to the terms of your use of this
web site, we will post a notice of such change on
this Web site or contact users by email or other communication to obtain
consent. We welcome any questions or comments you have; please send them to our
Web Master
by
clicking here.
For
more information about these Terms of Use, please contact:
Peter
Bonfiglio, at:
Cherokee
Group, Inc.
Red Bank, N.J. USA
General Fax (732) 741-2009
Click here to send
Peter Bonfiglio an email
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