Terms of Use
Coleman Research Group, Inc. (“Coleman” or the “Company”) is pleased to give you access to our website, www.colemanrg.com and related materials (collectively, the “Site”) free of charge. Your use of the Site is subject to the binding legal agreement set forth below (“Terms”). Registration and participation in the Company’s Executive Forum is governed by the Company’s Terms and Conditions. If there is any conflict between these Terms of Use and the Terms and Conditions, the Terms and Conditions shall control.
TERMS SUBJECT TO CHANGE
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Site, including, but not limited to (i) restricting the time all or any part of the Site is available, (ii) restricting the amount of use all or any part of the Site is permitted, and (iii) restricting or terminating any user’s right to use all or any part of the Site, with or without notice; (b) charge fees in connection with the use all or any part of the Site; (c) modify or waive any fees charged in connection with all or any part of the Site; or (d) offer opportunities to some or all users of all or any part of the Site. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site, in whole or in part, or of any service, content or feature offered through the Site.
You understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of the Site following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Site will be subject to these Terms.
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SITE FOR ANY PURPOSE.
ADDITIONAL TERMS OF SERVICE
Other aspects of relationship with Coleman may be governed by additional terms (“Additional Terms”) specifically applicable to other services offered by Coleman in addition to these Terms. If there is any contradiction between what the Additional Terms say and what these Terms say, then the Additional Terms shall take precedence in relation to that service .Where Additional Terms apply to another service, these will be accessible for you to read either within, or through your use of, that service. For example, unless you otherwise have a written agreement with Coleman, consultations with experts from our network are governed by the Terms of Service.
HOW YOU CAN USE THE SITE
You may use the Site for your personal use. You may make a single, temporary copy of resources found on the Site but only for your personal and not for further distribution or transfer to others. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Site, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of the Site without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site, create a database by systematically downloading and storing content from the Site; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.
ACCOUNTS
In order to access some features of the Site, you may need to create an account. You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Coleman will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Coleman or others due to such unauthorized use.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Coleman.
Coleman, in its sole discretion, may refuse to recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in the Site or any attributes associated with your account or stored in the Site.
ACCESS RESTRICTIONS; TERMINATION
We can terminate your access to the Site at any time. We may also remove any Content that you post without cause and without notice to you.
CONDUCT OF REGISTERED USERS AND VISITORS
We believe that all users and visitors benefit from basic rules regarding conduct while using the Site. Widespread use and enjoyment of the Site is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
- You will follow these Terms and all applicable laws;
- You will never give your password to anyone (no Coleman employee will ever ask for it) and you will not provide your billing or credit information;
- You will not interfere with others’ use of the Site or act in a way that negatively affects other users’ enjoyment of the Site;
- You will not participate in any action that, in the sole and absolute opinion of Coleman, results or may result in any authorized user of the Site being scammed or defrauded in any way in connection with such user’s use of the Site;
- You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Coleman, and you will promptly report to Coleman your discovery of any such errors, features or bugs.
- You will not attempt to harvest any user names or e-mail addresses from the Site for any purpose; and
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Coleman; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- You will not manipulate the Site so as to hide your identity or participation in the Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier).
If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice. In the event that your rights to use the Site are terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT CRG IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT IS BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
NO LICENSE GRANTED
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of COLEMAN. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER COLEMAN PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
TRADEMARKS
CRG© and the Site are trademarks of CRG. Other trademarks are the property of their respective owners.
COPYRIGHTS
The Site is owed by Coleman or its licensees and protected by applicable law, with all rights reserved. Coleman takes the protection of intellectual property rights, including copyrights, very seriously. Coleman will terminate your access to, or use of, all or any part of the Site, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Coleman if they have a good-faith belief that their protected works are being infringed. Coleman will respond to all such notifications that are sent to:
Coleman Research Group, Inc.
Attn: DMCA Notification
120 W. 45th Street, 25th Floor
New York, NY 10036
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Coleman to locate the material;
- Information reasonably sufficient to permit the Coleman to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of such notification, Coleman shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Coleman removes or disables access to such material, if such material was posted by a user of the Site, Coleman will notify the party that posted the material of its action. Such party may then provide Coleman’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Coleman will forward to the alleged copyright owner. Coleman will inform the alleged copyright owner that Coleman will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Coleman’s designated agent stating that it has filed suit against the alleged infringer. An effective counter-notification must be sent to Coleman’s designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Coleman is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Coleman with notification or an agent of such a person.
THIRD PARTY SITES
The Site may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of the Site. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Coleman is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth herein and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party site, application, or content so that you understand all of the terms that will apply. By using the Site, you expressly relieve Coleman from any and all liability arising from your use of any third-party sites, applications or content.
U.S. EXPORT CONTROLS
Any download from the Site or otherwise through the Site is further subject to United States export controls. No downloads may be made from the Site, through the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
INDEMNITY
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD CRG AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
WARRANTY DISCLAIMER
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CRG MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT CRG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE EXTENT PERMITTED BY LAW, CRG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
LIABILITY DISCLAIMER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR CRG, EVEN IF CRG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
MODIFICATIONS
We can also change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MUST NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
GOVERNING LAW
These Terms are governed by, and shall be interpreted in accordance with, the laws of the State of New York, without regard to any choice or conflict of law principles which would result in the application of the law of any other jurisdiction.
ENTIRE AGREEMENT
These Terms are the entire agreement between you and CRG regarding your use of this website. They supersede any and all prior or contemporaneous agreements between you and Coleman relating to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.