If you have any questions about the Terms of Service, please direct them tohere
ACCEPTANCE OF TERMS
CALTRADE provides their service subject to certain terms and conditions including the
terms set out below. Collectively, these are the "Terms of Service" or "TOS". All of
these may be revised by CALTRADE from time to time, without notice, and will be posted
as amended on our site. Use of our services constitutes acceptance of the Terms of Service, as so published.
THE CALTRADE SERVICE
CALTRADE provides its users with communications tools, forums, events and other services.
These features, and any new features adopted by CALTRADE, (collectively, the "Service")
are subject to the TOS. You understand and agree that the CALTRADE services are provided
"AS-IS" and that CALTRADE does not assume any responsibility for the content of any of
these communications, or for the deletion or failure to display or store any user
communications.
USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not CALTRADE, are entirely responsible
for all Content that you upload, make available, post, email or otherwise transmit
via the Service. CALTRADE does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will CALTRADE be liable in any way
for any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to not knowingly or intentionally use CALTRADE to:
a. upload, make available, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a CALTRADE employee,
moderator or host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers including copyright management information
in order to disguise the origin of any Content transmitted through the Service;
e. upload, make available, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual agreement or relationship;
f. upload, make available, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, make available, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing" or
any other form of solicitation, except in those areas or groups that may be designated for such purpose;
h. upload, make available, post, email or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time
exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law; or
l. "stalk" or otherwise harass another user.
You acknowledge that CALTRADE does not pre-screen Content, but that CALTRADE and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, CALTRADE and its designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable.
You acknowledge and agree that CALTRADE may preserve Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of CALTRADE, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
TERMINATION OF USE
You agree that CALTRADE, in its sole discretion, may terminate all or part of your user access, registration, password,
account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if CALTRADE believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. CALTRADE may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge and agree that CALTRADE may immediately deactivate or delete your
account and all related information and files in your account and/or bar any further access to such files or the Service. Further,
you agree that CALTRADE shall not be liable to you or any third-party for any termination of your access to the Service.
CHILD PROTECTION
NO PERSONS UNDER THE AGE OF SEVENTEEN ARE PERMITTED TO USE CALTRADE.
PRIVACY POLICY
CALTRADE shares your concerns about personal privacy. Through the Service, and through other contact with CALTRADE,
CALTRADE may collect personal information and data including, but not limited to, application and web site usage data,
viewing data, file transfer and e-mail data, and personal contact information such as e-mail addresses, mailing addresses
and phone numbers. Additionally, CALTRADE's applications and web sites may use technological facilities for tagging and
tracking including, but not limited to, Web cookies, login usernames and other technologies to track and correlate data.
The CALTRADE Service does not rent, sell, or share personal information about you with other people or nonaffiliated companies
except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- we provide the information to trusted partners who work on behalf of or with CALTRADE. These companies may use your personal
information to help CALTRADE communicate with you about offers from CALTRADE and our marketing partners. However, we do not grant
these companies any independent right to share this information.
- information posted to public areas of CALTRADE, such as the Message Boards, Guestbooks, Home Pages, etc., may be accessed by other
people and nonaffiliated companies.
- You may use the permissioning features of the Service to give others access to your information, including contact information. You
accept responsibility for understanding the user interface, and agree to contact CALTRADE Support with any questions concerning these
features and the interface prior to using them. You also accept that CALTRADE has not validated user's identities, and that users may
not be who they say they are.
- we may separately receive information about you which we make accessible to others from sources other than you, including without limitation, directories.
- we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- we believe it may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety of any person, violations of CALTRADE's terms of use, or as otherwise required by law.
- we transfer information about you if the CALTRADE Service is transferred to, acquired by or merged with another company.
We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy.
We sometimes release beta versions of our products, which are further refined before the release of the final version. Because these products are still in a test phase,
we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome user feedback on any privacy concerns you may have. In light of the
above and because of the complex and constantly changing nature of our technology and business, CALTRADE does not guarantee error-free performance under this privacy policy.
CALTRADE shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.
This policy may change from time to time, and any changes are binding on you. We encourage you to visit this site from time to time to review the most updated policies.
Once you have signed up as a CALTRADE user, even if you later cancel your userid, any personal data previously collected remains the property of CALTRADE.
CALTRADE cannot guarantee the security or accuracy of personal data.
NO PERSONS UNDER THE AGE OF SEVENTEEN ARE PERMITTED TO USE CALTRADE.
USE OF CALTRADE IS CONTINGENT UPON ACCEPTANCE OF THIS PRIVACY POLICY AND ALL OF THE TERMS IN IT
USERNAME, PASSWORD AND SECURITY
You will create a username and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password,
and are fully responsible for all activities that occur under your username and password. You agree to immediately notify CALTRADE of any unauthorized use
of your username or password or any other breach of security. You agree that CALTRADE cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
You acknowledge that CALTRADE does not pre-screen Content, but that CALTRADE and its designees shall have the right (but not the obligation) in their sole
discretion to take action based upon any violation of the TOS or law, including refusing any Content that is available via the Service or denying further access.
Without limiting the foregoing, CALTRADE and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the making available, downloading or use of any Content.
You acknowledge and agree that CALTRADE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of CALTRADE, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
ADDITIONAL TERMS
Recognizing the global nature of the Internet, you agree to comply with all rules for your local areas regarding online conduct and acceptable Content. You further agree to
comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
MATERIALS PROVIDED TO CALTRADE OR POSTED ON ANY CALTRADE SERVICE
CALTRADE does not claim ownership of the materials, in any format including, but not limited to, text, images, photographs, audio, or video, that you provide to CALTRADE
(including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are, subject to the privacy provisions provided herein, granting CALTRADE,
its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all CALTRADE Services),
including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such
rights to any supplier of the Services.
You additionally warrant that each person depicted or recorded in such Submissions, if any, has provided consent to the use of the Submissions as set forth in these Terms of Service,
including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Submissions, or that their consent is not required by law for the uses
described above.
No compensation will be paid with respect to the use of your Submission, as provided herein. CALTRADE is under no obligation to post or use any Submission you may provide and CALTRADE
may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the Submissions, or that you have a license to such rights, or that such rights are covered by fair use.
INDEMNITY
You agree to indemnify and hold CALTRADE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content you make available, submit, post to or transmit through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE RIGHTS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of or access to the CALTRADE Service.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your
own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual
property of CALTRADE in conjunction with the sending of unsolicited email, or cause to be used CALTRADE's equipment, network connectivity, or other resources to originate, deliver, relay,
or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service,
or address forwarding service, in such a way that CALTRADE's network addresses or CALTRADE-hosted Web or email services are in any way identified as being associated with the sending of
unsolicited email. Other prohibited methods of advertising or promoting your involvement with CALTRADE include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms
(including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to CALTRADE Support using
the problems link in the Resources menu.
NO AUTOMATED WEB SITE ACCESS
You may not send automated requests of any sort to CALTRADE's system without express permission in advance from CALTRADE. Note that 'sending automated requests' includes, among other things:
1) using any software which sends requests to CALTRADE to determine meta-data on members or data, 2) "meta-searching" CALTRADE, and 3) performing "offline" searches or accesses of CALTRADE.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CALTRADE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or
received by an account on the Service, the maximum size of any message or attachment that may be sent from or received by an account on the Service, the maximum disk space that may be allotted
on CALTRADE's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CALTRADE has no
responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CALTRADE
reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that CALTRADE reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
CALTRADE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CALTRADE
shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that CALTRADE, in its sole discretion, may terminate your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation, for lack of use or if CALTRADE believes that you have violated or acted inconsistently with the letter or spirit of the TOS. CALTRADE may
also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without otice. You agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree that CALTRADE may immediately deactivate or delete your account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree that CALTRADE shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CALTRADE shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Web sites or resources. Because CALTRADE has no control over
such persons, sites and resources, you acknowledge and agree that CALTRADE is not responsible for the availability of such external sites or resources, and does not endorse 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 CALTRADE 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.
CALTRADE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service, the CALTRADE Web Site, and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or
advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CALTRADE or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service, the CALTRADE Site, or the Software, in whole or in part.
CALTRADE grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service.
You agree not to access the Service by any means other than through the interface that is provided by CALTRADE for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALTRADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CALTRADE MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALTRADE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALTRADE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via posting on the CALTRADE website, email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
The name CALTRADE and CALTRADE service mark are trademarks of CALTRADE (the "CALTRADE Marks"). You agree not to use in commerce any of the CALTRADE Marks.
COPYRIGHTS and COPYRIGHT AGENTS
CALTRADE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact CALTRADE as set forth below.
CALTRADE respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights.
You should be aware that some files may have been created or distributed without copyright owner authorization. As a condition to your account with CALTRADE, you agree that you will not use the CALTRADE service to infringe the intellectual
property rights of others in any way. CALTRADE has the right to terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, CALTRADE reserves the right to terminate
the account of a user upon any single infringement of the rights of others in conjunction with use of the CALTRADE service, or if CALTRADE believes that user conduct is harmful to the interests of CALTRADE, its affiliates, or other users, or for
any other reason in CALTRADE's sole discretion, with or without cause.
In accordance with the U.S. Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), CALTRADE will respond expeditiously to claims of copyright infringement
committed using the CALTRADE service that are reported to CALTRADE's "Designated Copyright Agent" identified below.
Claims of infringement should be in writing and should be directed to CALTRADE's designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CALTRADE's Designated Agent for Notice of claims of copyright infringement:
Please report any violations of the Terms of Service to our Customer Care group.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and CALTRADE and govern your use of the Service. The TOS and the relationship between you and CALTRADE shall be governed by the laws of the
State of Pennsylvania without regard to its conflict of law provisions. You and CALTRADE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lancaster,
Pennsylvania, United States. The failure of CALTRADE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all
other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Service group using the feedback feature of the website's Problems link.
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