The following terms and conditions (the “Terms and Conditions”) govern your use of this website or application provided to you by Continuity Membership Services, Inc. or one of its subsidiaries, and any content, features or functionality made available from or through this website, including any subdomains thereof, or application (the “website”). The website is made available by Continuity Membership Services, Inc. or its subsidiaries (“we” or “us” or “our”), each of which have adopted these Terms and Conditions regarding its website. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the website. By using the website, you accept and agree to these terms and conditions as applied to your use of the website. If you do not agree to these Terms and Conditions, you may not access or otherwise use the website.
Unless otherwise specifically indicated in these Terms and Conditions or on the website, any commercial or promotional distribution, publishing or exploitation of the website, or any content, code, data or materials on the website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any material from or through the website. If you make other use of the website, or the content, code, data or materials thereon or available through the website, except as otherwise provided above, you may violate laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You warrant and agree that, while using the website and the various services, features and functionality offered on or through the website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising or other promotional content into any of the website’s content, materials or, except as otherwise specifically authorized in these Terms and Conditions or on the website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website or the services offered on or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the website or the services made available on or through the website in any manner that could interrupt, damage, disable, overburden, or impair the website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the website or the website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the website or the website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the website in any manner that could interfere with any other party’s use and enjoyment of the website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the website.
You agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the website, your placement or transmission of any message, content, information, software or other materials through the website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You may be able to link from the website to third party websites and third party websites may link to the website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Continuity Membership Services, Inc. disclaims any liability for links (1) from another website to this website and (2) to another website from this website. Continuity Membership Services, Inc. cannot guarantee the standards of any website to which links are provided on this website nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
The website, including, without limitation, all services, features, content, functions and materials provided through the website, are provided “As is,” “As available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the website or the services, content, functions or materials provided through the website will be timely, secure, uninterrupted or error-free, or that defects will be corrected. We make no warranty that the website or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein. We and our affiliates also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video content, or audio content from the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the website.
We try to ensure that the information posted on the website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the website, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than our authorized employee spokespersons while acting in their official capacities (including, without limitation, other users of the website). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. We shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the website shall be construed as investment advice. We are not a registered broker-dealer or investment advisor and do not give investment advice or recommend one product over another.
Without limitation of the above in this section, we and our affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the website, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the website or in correspondence with us or our agents. Any products and services ordered or provided via the website are provided by us “As is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and us or our licensor or supplier.
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents or content or service providers (collectively, the “Protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, features, materials and functions related thereto, your provision of information via the website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the website exceed, in the aggregate, the amount, if any, paid by you to us for your use of the website or purchase of products via the website.
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the website and consult a doctor.
We control and operate the website from our offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the website or the website’s services at any time. We may restrict, suspend or terminate your access to the website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the website use privileges of users who are repeat infringers of intellectual property rights.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the website and/or the services made available on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and Conditions were revised on 12/01/2019.