As of July 1, 2020

General

These are the Terms of Use for the CWI Labs World Wide Web site (“website”). These Terms of Use describe the terms and conditions applicable to your access and use of the website. The Center may amend these Terms of Use at any time by posting the amended Terms of Use on our website. All amended terms and conditions will be automatically effective after they are posted on our website. These Terms of Use last were revised on July 1, 2020.

By accessing materials on the website you agree with the terms and conditions in these Terms of Use, including our Privacy Policy.

By using this site, you agree to:

  • Generally conduct yourself in a responsible, respectful way when using the site
  • Not do anything illegal on the site
  • Not try to hack or disrupt the site

CWI Labs reserves the right to modify this website at any time. Modifications will be posted on the website, and users are deemed to be apprised of and bound by any changes to the website.

Scope of Use

CWI Labs hereby grants you the limited right and license to view, use and download a single copy of the information contained in this website for your informational, non-commercial use provided you keep intact all copyright, trademark and other proprietary rights notices. You may not distribute, sell, rent or lease the information contained in this website without the prior written consent of CWI Labs.

You agree to use the website, including without limitation, any chat rooms, listservs, bulletin board services, discussion threads or similar services made available to you by CWI Labs, only for lawful purposes in accordance with these Terms of Use.

You agree that you will not, and will not encourage any other third party to:

  • Defame, libel, abuse, harass, stalk or threaten others;
  • Transmit any inappropriate, profane, obscene, pornographic, indecent, or unlawful content;
  • Transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source any information or other materials;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Use language that infringes anyone else’s intellectual property rights;
  • Engage in personal attacks on other individuals;
  • Transmit personal information about any minors;
  • Transmit files that contain viruses, corrupted files, or any other harmful, disruptive or destructive files;
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure, or otherwise interfere with or disrupt the Site, servers, or networks;
  • Restrict or inhibit any other user from using and enjoying the Site;
  • Engage in any illegal activities;
  • Transmit other information that we, in our sole discretion, deem to be inappropriate for the website.

You agree that CWI Labs has the right, but not the responsibility to monitor your communications hereunder and may edit or delete any of your communications that violate this Agreement, as well as block your access to the website for your failure to comply with this section.

You agree that we will not be liable to you or any third party for taking or not taking any of these actions.

No Warranties

All content, information, products, and services on this website are provided to you on an “as is,” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, data accuracy, quiet enjoyment, and non-infringement. CWI Labs makes no warranty as to the accuracy, completeness, currency or reliability of any content, information, products or services available through this website, or regarding the timeliness of transmission of information between any users of this website, or between users of this website and CWI Labs.

CWI Labs makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the website is free of viruses.

Copyright and Limited License

This website and all content contained herein are proprietary to and are the sole property of CWI Labs or its licensors.  Except as provided in these Terms, the Site and all materials published on the Site, including, but not limited to, written content, photographs, graphics, designs, images, illustrations, animations, marks, logos, and sound or video clips (the “Site Materials”), are our property and are protected by our copyrights or trademarks, or have been made available by other users in accordance with these Terms.

All title to the website and the information and ideas contained herein, and all rights in any copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or in connection with the website (including but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated therein), are and will remain the property of CWI Labs. This website is protected by United States and international copyright and other proprietary rights laws. You may not copy, modify, reproduce, perform, display, distribute or create derivative versions of: (a) content on this website (other than as expressly permitted in these Terms of Use), (b) the design or layout of the website or individual sections of the design or layout of the website or (c) CWI Labs trademarks and logos, without the prior written permission of CWI Labs. Subject to these Terms, you are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Except as expressly permitted on the Site, this license does not include any right by you to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Site Materials or content on our Site in whole or in part, or to use the Site or the Site Materials other than for their intended purpose, in each case unless permission has been explicitly given by us. This license is revocable at any time and for any reason.

Trademarks

CWI Labs is the registered trademark, service mark and/or certification mark of CWI Labs. Unauthorized use of any of the CWI Labs’ trademarks, service marks, certification marks or logos may be a violation of federal and state trademark laws.

Third Party Sites

There are links in this web site that let you leave the CWI Labs web site. The linked sites are not under the control of CWI Labs, and the content available on the Internet sites linked to this web site does not necessarily reflect the opinion of CWI Labs or imply that CWI Labs endorses such content.  CWI Labs is providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to this web site is at your own risk; CWI Labs disclaims any and all liability with regard to your access of such linked web sites. CWI Labs assumes no responsibility for, or any obligation to monitor, the content of such linked Internet sites. The inclusion of any link does not imply a recommendation or endorsement by CWI Labs of the linked site.  Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites has posted, and is at your own risk. We have no control over sites that are not ours, and we are not responsible for the content, quality or nature of any such sites. Our inclusion on the Site of any third-party content or a link to a third-party site is for our users’ convenience only and is not an endorsement by us of, and we hereby disclaim any responsibility or liability for, that content or third-party site.

Disclaimers

YOUR USE OF THE SITE, INCLUDING ANY PUBLIC SITE AREA, IS AT YOUR OWN RISK. THE SITE AND ALL INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION, CONTENT OR MATERIALS ACCESSED THROUGH THE SITE.

WHILE WE MAKE REASONABLE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR INFORMATION, CONTENT AND MATERIALS THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH INFORMATION, CONTENT OR MATERIALS.

WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIVITIES OR CONDUCT OF ANY THIRD PARTY USER OF THE SITE.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. The limitation of liability contained herein shall be enforced even if all other remedies fail of their essential purpose.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity and Breach

You agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any liability for any claims, demands and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, breach of these Terms of Use, or your violation of any law or the rights of a third party or arising out of any materials submitted by you. Without limiting our other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website if you breach these Terms of Use or our Privacy Policy, or if we think that your actions may cause legal liability for you, our other users or CWI Labs.

Email and Electronic Transmission of Information

You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and the CWI Labs, or between you and any other user via this website are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to CWI Labs or to other users via e-mail.

Violation of Rules and Regulations

CWI Labs reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this website, including the right to block access from a particular Internet address to the website.

Governing Law and General Provisions

This website is operated by CWI Labs from the State of Maryland within the United States of America. CWI Labs makes no representation that the information in the website is appropriate or available for use in other locations, and access to the website from territories where the contents of the website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on this website will be governed by the laws of the State of Maryland excluding the application of its conflicts of law rules. You hereby consent to exclusive personal jurisdiction in the courts of the State of Maryland with regard to any proceeding arising out of or related to these Terms of Use or your use of or access to the website. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Notwithstanding the foregoing, CWI Labs may post supplemental terms and conditions regarding privacy and user information on this website, which shall become binding upon users if and when such additional terms and conditions are posted.

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. If you do not provide us with accurate contact information, we cannot be held liable if we fail to notify you.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms constitute the entire agreement between you and us concerning your use of the Site, superseding any prior agreements that you may have with us.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.