Please read this User Agreement carefully. It contains important contract rights and obligations between you (“User”) and CATC, its suppliers, licensors, and affiliates (“We”, “Us” or “Our”), as well as important limitations on those rights. Your continued use of the Service constitutes Agreement to these terms. 1. CATC consists of services, information and other content provided by Us, Our licensors, Users (a “User” or “you” is defined as one who visits, reads, participates in, or otherwise makes use of the Service), and other third parties. This agreement and any operating rules published over the Service constitute the entire agreement (collectively, the “User Agreement”) between Martin Group and User, with respect to the Service. 2. Upon notice published over the Service, We may modify or supplement this User Agreement and may discontinue or revise any or all other aspects of the Service (including access to support services, publications and other products or services ancillary to the Service) in Our sole discretion and without prior notice. In particular, We specifically reserve the right in Our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Service. User access to or use of the Service on or after notice of such changes are published or displayed over the Service, constitutes your acceptance of such modifications. 3. Subject to the terms of this User Agreement, We grant to User a personal, non-exclusive, nonassignable and nontransferable license to use and display all software included in the Service (“Software”) on any machine(s) of which User is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Although User may designate family members to use the Service in accordance with the terms of this Agreement, a User may not sublicense, assign or transfer this license or the Software. We may, at Our discretion, revoke the license granted to User. 4. User shall be responsible for all use of the Service accessed through User’s account, as defined by User’s cookie(s), password(s), or authentication certificate(s), and hereby ratifies and guarantees any obligations entered or assumed by others who use the Service through User’s account. User acknowledges that since the Service allows Users and others to distribute content, the Service may contain materials and/or links to materials that some Users or others may find objectionable, despite the prohibitions in Section 8 of this Agreement. As a result, User assumes responsibility for, acknowledges that We have no responsibility for, and agrees to indemnify and hold Us harmless from any loss User may suffer from use of the Service. 5. User expressly agrees that use of the Service is at User’s sole risk. Neither We nor any of the information providers, licensors, suppliers, employees, or agents that provide access to the Service (a) warrant that the Service will be uninterrupted or error free, (b) make any warranty as to the results to be obtained from use of the Service, (c) shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the Service or inability to use or gain access to the Service or out of any breach of any warranty, or damages related to any virus transmitted or received through use of the Service. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT. USER AGREES NOT TO HOLD Us RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHICH We CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE). 6. The disclaimer of liability set forth in paragraph 5 above applies, but is not limited to, any losses, damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information, in any way relating to or arising out of use of the Service or the attempted use thereof or any transactions between Users, whether for breach of contract, tortuous behavior, negligence (whether Ours or otherwise), or any other cause of action. Notwithstanding the foregoing or any other limitations on liability set forth in this Agreement, if a User becomes entitled to any recovery against Us, each User agrees that his/her/its recovery shall be limited to the amount of any fees or payments paid to Us by reason of such User’s use of the Service. 7. Except as expressly permitted in this User Agreement, neither User nor such User’s designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the Service. 8. User agrees not to upload, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content which: any other person or entity; defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate;
- violates any law, statute, ordinance or regulation or infringes upon the rights, including intellectual property rights, of
- under the circumstances and in Our good faith judgment, is, or is likely to be perceived by an intended recipient or target as,
- is unsuitable for minors (persons under 18 years of age);
- constitutes a threat to, harassment of, or stalking of another;
- adversely affects the performance or availability of the Service or Our resources;
- contains any virus, worm, cancelbot, harmful component or corrupted data; or
- without Our approval, contains any advertising, promotion or solicitation of goods or services for commercial purposes.