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Effective Date: July 28, 2006
Welcome to the internet site of Cerulean Associates LLC, a Virginia
limited liability company. Throughout the site, the terms “Cerulean”
“we,” “us” and “our” refer to Cerulean Associates LLC.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. Your continued use of the website, tools, tips and
services available from this website constitutes your agreement to these
terms, conditions, policies and notices. We reserve the right, at our
discretion, to change, modify, add or remove portions of these terms at
any time. Please check these terms periodically for changes. Your
continued use of this site following the posting of changes to these
terms means you accept those changes.
Use of Material from this Site
All materials contained on this site (including but not limited to
software, files, graphics and data) are the copyrighted property
of Cerulean Associates LLC and are protected by copyright, trademark and
other laws of the United States and other countries. You may download
and display, or electronically copy, download and print one hard copy
version of the material contained on the site for your personal,
noncommercial use, provided that (i) you do not modify or delete any
copyright, trademark or other proprietary notice that appears on the
material you copy, download or print, (ii) you make no modifications to
the materials, (iii) you do not use the materials in a manner that
suggests an association with any of our products, services or brands,
and (iv) you do not download materials into a database or other
electronic information management system to avoid future downloads from
any Cerulean site. When you display, copy, download or print any
material on or from the site, it is provided to you by Cerulean
Associates LLC under a license that is revocable. Cerulean retains full
and complete title to the material and to any and all of the associated
intellectual property rights. Any other use of the material on the site,
including but not limited to the modification, distribution,
transmission, display on any other internet / intranet sites,
performance, broadcast, publication, licensing, reverse engineering,
transfer or sale of, or the creation of derivative works from, any
material, information, software, products or services obtained from the
site, is expressly prohibited.
The material on this site is provided for general information only and
should not be relied upon or used as the sole basis for making
significant decisions without consulting primary, more complete or more
timely sources of information. Any reliance on the material on or
through this site is at your own risk. We reserve the right to modify
the contents of this site at any time. You agree that it is your
responsibility to monitor changes to the site.
Material You Submit
You are responsible for any submission you make, including the legality,
reliability, appropriateness, originality and copyright of any such
material. You may not upload to, distribute or otherwise publish through
this site any content that (i) is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, infringing on
intellectual property rights, abusive, illegal or otherwise
objectionable, (ii) may constitute or encourage a criminal offense,
violate the rights of any party or otherwise give rise to liability or
violate any law, or (iii) may contain software viruses, political
campaigning, chain letters, mass mailings, or any form of “spam.” You
may not use a false email address, impersonate any person or entity, or
otherwise mislead as to the origin of any content. You may not upload
commercial content onto the site.
By submitting any materials to us, you automatically grant (or warrant
that the owner of such materials expressly granted) us a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium or technology. In
addition, you warrant that all so-called “moral rights” in those
materials have been waived.
Trademarks and Copyrights
This site features trademarks, service marks and logos that are the
property of Cerulean. The site also may include trademarks, service
marks or logos of other third parties. All of these trademarks, service
marks and logos are the property of their respective owners, and you
agree not to use them in any manner without the prior written permission
of the applicable owner. This site and all of its contents including but
not limited to text, design, graphics, interfaces and code, and the
selection and arrangement thereof, is protected as a compilation under
the copyright laws of the United States and other countries.
Intellectual Property Rights of Others
We respect the intellectual property rights of others and request that
our visitors do the same. Pursuant to Section 512(c) of the Digital
Millennium Copyright Act (DMCA), Title 17, United States Code, a
copyright owner or its authorized agent may submit a notification for
believed copyright infringement based on material that is residing on
the Cerulean site.
If you think your work has been copied in a manner that constitutes
copyright infringement, you may notify our copyright agent, who can be
reached at:
Cerulean Associates LLC
ATTN: Registered Agent
P.O. Box 498
Williamsburg, Virginia 23187-0498
The notification must include ALL of the following:
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a physical or electronic signature of the copyright owner or the
person authorized to act on the owner’s behalf;
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a description of the copyrighted work you claim has been infringed;
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a description of where the material you claim is infringing is
located on the site;
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your name, address, telephone number, email address and all other
information reasonably sufficient to permit Cerulean to contact you;
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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; and
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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 behalf of the owner of an
exclusive right that is allegedly infringed.
Content Links
Always exercise discretion while browsing the internet and using this
site. Be aware that when you are on the Cerulean website, you could be
directed to other sites that are beyond our control. There are links to
other sites from Cerulean pages that take you outside of our site. This
includes links from content partners, affiliates or industry and
professional associations. These other sites may send their own cookies
to users, collect data, solicit personal information, or contain
information that you may find inappropriate or offensive. These links
are provided as a convenience to you and as an additional avenue of
access to the information contained therein. We have not necessarily
reviewed all the information on those other sites and are not
responsible for the content of those or any other sites or any products
or services that may be offered through other sites. Inclusion of links
to other sites should not be viewed as an endorsement of the content or
merchandise of linked sites. Different terms and conditions may apply to
your use of any linked sites. We make no representations concerning the
content or quality of the sites linked to our site or from our site.
Consequently, we cannot be held responsible for the accuracy, relevancy,
copyright compliance, legality or decency of material contained in sites
linked to or from this website. We strongly encourage you to make
investigations you believe appropriate before proceeding with any online
or offline transaction with any of these third parties.
Disclaimers
YOUR USE OF THE CERULEAN ASSOCIATES LLC SITE IS AT YOUR SOLE RISK. THE
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE
RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR
PART THEREOF AT ANY TIME. CERULEAN ASSOCIATES LLC EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE
NONINFRINGING; THAT ACCESS TO THE SITE OR ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT
INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU
DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM CERULEAN ASSOCIATES LLC THROUGH OR FROM THIS SITE SHALL
CREATE ANY WARRANTY OF ANY KIND. CERULEAN ASSOCIATES LLC DOES NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON
THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE
LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND
AGREE THAT NEITHER CERULEAN ASSOCIATES LLC NOR ANY THIRD-PARTY CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR
RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER
SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE
TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US FROM THIS
SITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS,
DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA,
UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA,
AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE
ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS
AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE
BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless Cerulean Associates LLC
and its officers, directors, employees, contractors, agents, licensors
and suppliers, from and against any and all losses, liabilities,
expenses, damages and costs, including reasonable attorneys’ fees and
court costs, arising or resulting from any violation of these Terms of
Use. If you cause a technical disruption of the site or the systems
transmitting the site to you or others, you agree to be responsible for
any and all losses, liabilities, expenses, damages and costs, including
reasonable attorneys’ fees and court costs, arising or resulting from
that disruption.
Jurisdiction
Cerulean Associates LLC is a Virginia limited liability company,
incorporated in the Commonwealth of Virginia in the United States of
America, and this site is operated in the United States. The laws of the
Commonwealth of Virginia govern these Terms of Use and your use of the
site, and you irrevocably consent to the jurisdiction of the courts
located in the Commonwealth of Virginia for any action to enforce these
Terms of Use. We recognize that it is possible for you to obtain access
to this site from any jurisdiction in the world, but we have no
practical ability to prevent such access. This site has been designed to
comply with the laws of the Commonwealth of Virginia and of the United
States. If any material on this site, or your use of the site, is
contrary to the laws of the place where you are when you access it, the
site is not intended for you, and we ask you not to use the site. You
are responsible for informing yourself of the laws of your jurisdiction
and complying with them.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable,
the remaining provisions of the agreement will remain in place. These
Terms of Use constitute the entire agreement and understanding between
you and Cerulean with respect to use of the website, superseding all
prior or contemporaneous communications. A printed version of these
Terms of Use shall be admissible in judicial or administrative
proceedings based on or relating to use of the website to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use or this
site, please write us at:
Cerulean Associates LLC
ATTN: Registered Agent
P.O. Box 498
Williamsburg, Virginia 23187-0498 USA
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