Terms of Use
1. ACCEPTANCE OF TERMS
The services that CIARA CORPORATION provides to User is subject to the following Terms of Use ("TOU"). CIARA CORPORATION reserves the right to
update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of
InternetMarketingGateway.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms")
governing the use of certain specific material contained in InternetMarketingGateway.com, sets forth the terms and conditions that apply to
use of InternetMarketingGateway.com by User. By using CIARA CORPORATION (other than to read this Agreement for the first time), User agrees
to comply with all of the terms and conditions hereof. The right to use InternetMarketingGateway.com is personal to User and is not
transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for
ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the
confidentiality of User's password(s), if any.
B. CIARA CORPORATION shall have the right at any time to change or discontinue any aspect or
feature of InternetMarketingGateway.com, including, but not limited to, content, hours of availability, and equipment needed for access or
use.
2. Changed Terms
CIARA CORPORATION shall have the right at any time to change or modify the terms and conditions applicable to User's use of
InternetMarketingGateway.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on InternetMarketingGateway.com, or by electronic or conventional mail, or by any other means by which User obtains
notice thereof. Any use of InternetMarketingGateway.com by User after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, CIARA CORPORATION provides User with access to a
variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
4. Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of InternetMarketingGateway.com and all charges related thereto.
5. User Conduct
A. User shall use InternetMarketingGateway.com for lawful purposes only. User shall not post or
transmit through InternetMarketingGateway.com any material which violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which,
without CIARA CORPORATION 's express prior approval, contains advertising or any solicitation with respect to products or services. Any
conduct by a User that in CIARA CORPORATION 's discretion restricts or inhibits any other User from using or enjoying
InternetMarketingGateway.com will not be permitted. User shall not use InternetMarketingGateway.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services
competitive with CIARA CORPORATION .
B. InternetMarketingGateway.com
contains copyrighted material, trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound, and the entire contents of InternetMarketingGateway.com are
copyrighted as a collective work under the Canadian copyright laws. CIARA CORPORATION owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CIARA
CORPORATION and the copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on InternetMarketingGateway.com any
material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User
shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public area of InternetMarketingGateway.com, User automatically grants, or warrants that
the owner of such material has expressly granted CIARA CORPORATION the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may
exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use.
User hereby grants CIARA CORPORATION the right to edit, copy, publish and distribute any material made available on
InternetMarketingGateway.com by User.
D. The foregoing provisions of Section 5 are for the benefit of CIARA CORPORATION, its
subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication
Services, User will not:
q Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
q Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
q Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
q Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent
to do the same.
q Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of
any party.
q Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of
another.
q Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
q Download any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
q Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
q Restrict or inhibit any other user from using and enjoying the Communication
Services.
q Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
q Harvest or otherwise collect information about others, including email
addresses.
q Violate any applicable laws or regulations.
q Create a false identity for the purpose of misleading others.
q Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage information or any portion thereof.
CIARA CORPORATION has no obligation to monitor the Communication Services.
However, CIARA CORPORATION reserves the right to review materials posted to the Communication Services and to remove any materials in its
sole discretion. CIARA CORPORATION reserves the right to terminate User’s access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever. CIARA CORPORATION reserves the right at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in CIARA CORPORATION's sole discretion.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the
materials.
Always use caution when giving out any personally identifiable information in any
Communication Services. CIARA CORPORATION does not control or endorse the content, messages or information found in any Communication
Services and, therefore, CIARA CORPORATION specifically disclaims any liability with regard to the Communication Services and any actions
resulting from User’s participation in any Communication Services. Managers and hosts are not authorized CIARA CORPORATION spokespersons,
and their views do not necessarily reflect those of CIARA CORPORATION.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the
registration process by providing CIARA CORPORATION with current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of
User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User
agrees to notify CIARA CORPORATION immediately of any unauthorized use of User’s account or any other breach of security. CIARA CORPORATION
will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without
User’s knowledge. However, User could be held liable for losses incurred by CIARA CORPORATION or another party due to someone else using
User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services ("Software") is
the copyrighted work of CIARA CORPORATION and/or its suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CIARA CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, CIARA CORPORATION MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CIARA CORPORATION DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and
FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice
and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
CIARA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL
SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CIARA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CIARA CORPORATION
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CIARA CORPORATION AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
SITE
IN NO EVENT SHALL CIARA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO CIARA CORPORATION OR POSTED AT ANY OF ITS
WEBSITES
CIARA CORPORATION does not claim ownership of the materials User provide to CIARA
CORPORATION (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") User’s Submission User is granting CIARA CORPORATION, its affiliated
companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of their Internet businesses
(including, without limitation, all CIARA CORPORATION Services), including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in
connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as
provided herein. CIARA CORPORATION is under no obligation to post or use any Submission User may provide and CIARA CORPORATION may remove
any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of
the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and
represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to
use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise
permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such
Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private
community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such
rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User
completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with
such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s
Images.
12. Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF CONTACT-ANDREW.COM IS AT USER'S SOLE RISK. NEITHER CIARA
CORPORATION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
InternetMarketingGateway.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF CONTACT-ANDREW.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
InternetMarketingGateway.com.
B. InternetMarketingGateway.com IS PROVIDED 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CIARA CORPORATION IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
USER.
D. IN NO EVENT WILL CIARA CORPORATION, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING CONTACT-ANDREW.COM OR THE CIARA CORPORATION SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
InternetMarketingGateway.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CIARA CORPORATION, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CONTACT-ANDREW.COM, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. CIARA CORPORATION, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, CIARA CORPORATION, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE
TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES,
POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE CIARA CORPORATION'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF CIARA CORPORATION AND CIARA CORPORATION IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY
LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CIARA CORPORATION IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CIARA CORPORATION IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CIARA CORPORATION OF THE SITE.
CIARA CORPORATION is a distributor (and not a
publisher) of content supplied by third parties and Users. Accordingly, CIARA CORPORATION has
no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by third parties, including information providers, Users or
any other user of CONTACT-ANDREW.COM, are those of the respective author(s) or distributor(s) and not of CIARA CORPORATION. Neither CIARA
CORPORATION nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
In many instances, the content available through InternetMarketingGateway.com represents the
opinions and judgments of the respective information provider, User, or other user not under contract with CIARA CORPORATION. CIARA
CORPORATION neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on
CONTACT-ANDREW.COM by anyone other than authorized CIARA CORPORATION employee spokespersons
while acting in their official capacities. Under no circumstances will CIARA CORPORATION be liable for any loss or damage caused by a
User's reliance on information obtained through InternetMarketingGateway.com. It is the responsibility of User to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content available through CIARA CORPORATION. Please seek the advice
of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
CIARA CORPORATION OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS
TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CIARA CORPORATION'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO CIARA CORPORATION. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CIARA CORPORATION OR ANYONE AT CIARA CORPORATION. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CIARA CORPORATION MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. Monitoring
CIARA CORPORATION shall have the right, but not the obligation, to monitor the content of
InternetMarketingGateway.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules
established by CIARA CORPORATION and to satisfy any law, regulation or authorized government request. CIARA CORPORATION shall have the
right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on InternetMarketingGateway.com. Without
limiting the foregoing, CIARA CORPORATION shall have the right to remove any material that CIARA CORPORATION, in its sole discretion, finds
to be in violation of the provisions hereof or otherwise objectionable.
16. Indemnification
User agrees to defend, indemnify and hold harmless CIARA CORPORATION, its affiliates and their
respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of
the use of CIARA CORPORATION by User or User's Account.
17. Termination
Either CIARA CORPORATION or User may terminate this Agreement at any time. Without limiting the
foregoing, CIARA CORPORATION shall have the right to immediately terminate User's Account in the event of any conduct by User which CIARA
CORPORATION, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
18. Miscellaneous
This Agreement and any operating rules for InternetMarketingGateway.com established by CIARA CORPORATION constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with
the laws of the Ontario, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall
not be given any legal import.
19. COPYRIGHT NOTICE
CIARA CORPORATION its logos are trademarks of
CIARA CORPORATION, All rights reserved. All other trademarks appearing on CIARA CORPORATION
are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events
depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or
event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
21. CONTACT
Ciara Corporation
P.O. Box: 88068, 7235 Bellshire Gate
Mississauga ON L5N 8M1
Canada
|