- ACCESS TO THIS PORTION OF THE SITE IS LIMITED TO ONLY AUTHORIZED USERS WITH A USER NAME AND PASSWORD PROVIDED BY CASTLE WORLDWIDE, OR OTHERWISE EXPRESSLY AUTHORIZED BY CASTLE WORLDWIDE TO UTILIZE OR ACCESS THE SITE. ANY ACCESS OF, USE OF, OR ATTEMPT TO USE, THE SITE, ANY CONTENT ASSOCIATED WITH THE SITE, AS WELL AS ANY ANSWERS, RESPONSES, AND CONTENT YOU PROVIDE TO THE SITE, WITHOUT AUTHORIZATION OR IN ANY MANNER THAT IS NOT SPECIFICALLY AUTHORIZED OR INTENDED, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CASTLE WORLDWIDE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Responsibility of User. In order to use the Site you are required to be a registered user. By becoming a registered user (“Registered User”) you represent, warrant, and covenant that during the registration process you provided accurate, truthful, and complete information. We may require you to sign additional agreements or forms in order to become a Registered User. We have no obligation to accept applications to become a Registered User. Upon acceptance you will be assigned a user name and password (respectively the “User Name” and “Password”, and together, your “Registration Information”) that will allow you to access the Site. As a Registered User, Castle Worldwide will set up for you an account (the “Account”). It is your obligation to keep your Registration Information accurate and up-to-date, and failure to do so shall constitute a breach of these Terms which may result in immediate termination of your Account. You may not share your Registration Information with any third party, or permit any third party to use your Account, except as otherwise set forth in these Terms. You are solely responsible for ensuring that your adherence to these Terms are in compliance with all laws, rules, and regulations applicable to you. We reserve the right to revoke access to the Site where these Terms or use of the Site is prohibited.
- Permissible and Prohibited Uses. Upon becoming a Registered User, Castle Worldwide grants you, and you accept, a non-exclusive, non-transferable (except as expressly provided herein) and limited right to access and use the Site and its content for the sole purposes authorized by Castle. You may exercise these rights through your Account. You may not use the Site or its content for anything other than a lawful and legitimate purpose, for purposes specifically authorized by Castle. If you engage in a prohibited use of the Site or its content, you may be barred from any future use of the Site. Any content introduced to the Site as a result of or which constitutes an impermissible use, as determined in the sole discretion of Castle, may be removed from the Site. If you engage in a prohibited use of the Site, You will be liable to Castle for damages it incurs as a result. Except as expressly permitted by these Terms, you may not, directly or indirectly or through any other person or entity, use, rent, lease, sell, transfer (by sublicense, assignment or otherwise), time share, modify, reproduce, copy, make derivative works from, distribute, publish, or publicly display the Site or any Site content. You may not reverse engineer, decompile, or otherwise attempt to discover the source code for the Site. All rights not specifically granted hereunder are reserved to Castle.
- Accountability / Effects of Errors. You are solely responsible and liable for activity that occurs by using your User Name and/or Account and shall be responsible for maintaining the confidentiality of your Password. You will immediately notify Castle in writing of any change in authorization, any unauthorized use of your Account or User Name, or other account related security breach of which you are aware. All users of the Site are responsible for the accuracy of the information that they transmit through the Site. Therefore, you should take all measures necessary to ensure that the information you supply is accurate, complete and current. Since Castle acts merely as a passive conduit for information supplied by other parties to it, in no event will Castle be responsible in any way for errors in information transmitted through the Site by you or any user. It is possible that accurate information submitted to us by a user of the Site will be corrupted due to the presence of “bugs” in software, viruses or other causes. In the event that accurate information transmitted by you is modified by Castle without authorization, whatever the cause, Castle will not be liable for damages to you. You further agree, undertake, and warrant that (a) you will conduct your use of the Site in compliance with all applicable laws, rules, and regulations, and (b) you agree to indemnify, defend, and hold harmless Castle, its affiliates, and their respective officers, directors, and employees from and against any and all losses, costs, damages, or liabilities, including legal fees, costs, and expenses, arising out of or related to your breach of the obligations set forth herein.
- Downtime. Castle takes all commercially reasonable measures to ensure that the Site is available without interruption, except for any scheduled down time needed to help maintain effective operation of the Site. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In such cases, Castle will take those measures that it deems reasonable to accommodate the interests of its clients. In no event will Castle be liable to any party for any loss, cost or damage that results from any period of down time suffered by the Site.
- Disclaimer. Castle does not screen, edit or review material submitted by users of forums in the Site and therefore accepts no responsibility or liability for any such material that may reside in or is accessed by the Site. The opinions expressed in the forums are those of users and not necessarily those of Castle. Castle may remove any such material at any time for any reason. Castle does not control, and therefore does not warrant, in any way, any of the content, courses, or material that is provided on or through this Site, or the truth or accuracy of any representations, data, facts or photos related to such content, courses or material. The site is provided “as is.” Castle specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
- Castle’s Proprietary Rights.Except as expressly provided herein, Castle shall have the sole and exclusive ownership of all right, title and interest in and to the Site, any enhancements thereto, any documentary or other materials regarding its use, any software used in connection with operating the Site, and any data provided to you by Castle in whatever form or media. As between Castle and you, Castle or its licensors shall remain the sole and exclusive owner of all right, title, and interest in and to the Site and Site content including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names, and copyrights. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or the Site’s advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Castle or our advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or its content, in whole or in part without the express written permission of Castle. You agree and acknowledge that Castle’s proprietary information and rights are protected by copyright, trademark, trade secret, or other intellectual property rights owned by Castle, and you expressly agree, covenant and warrant that you shall not intentionally infringe upon these rights. By providing a response or content to the Site, you grant to Castle an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute your response or content. Castle retains ownership of all data generated by its provision of services through the Site. Castle may utilize such data for its commercial benefit, including but not limited to by sharing such data with third parties. To the extent by operation of law or otherwise Castle does not own such data, by utilizing the Site you provide Castle with an unrestricted license to do so.
- Trademark Information.Castle, the Castle logo, Columbia Assessment Services, and CAS are trademarks of Castle. All other company, product or service names referenced on the Site are used for identification purposes only and may be trademarks of their respective owners.
- Links. Castle may provide, or third parties may provide, links to other web sites or resources. Because Castle has no control over such sites and resources, you acknowledge and agree that Castle is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Castle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Access and Interference.The Site contains proprietary information, features and technology and you agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction or service being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on the Site is proprietary or is licensed to Castle by our users and sponsors or other third parties.
- Suspension or Termination of User of the Site.Without limiting Castle’s remedies in law or equity, Castle may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate any user’s ability to access the Site and refuse to provide Castle’s services to you if (a) you breach these Terms or any term of any document incorporated by reference; (b) Castle is unable to verify or authenticate any information you provide to it (which it has no duty to do but may pursue in our sole and absolute discretion); or (c) Castle believes, in its sole and absolute discretion, that your actions may cause, result in or carry a risk of legal liability for you, a Site user or Castle.
- Liability Limit.In no event shall Castle be liable for any special, incidental, consequential, direct or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with the Site, Castle’s services or these Terms, however arising, including negligence. Castle is not responsible for any incorrect or inaccurate information, whether caused by Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized by the Site, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or unauthorized access to the Site.
- Indemnity. You agree to indemnify and hold Castle and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from or in connection with your use of the Site, use of Castle’s services, breach of these Terms or any term of any document it incorporates by reference or your violation of any law, any contract or the rights of a third party.
- Legal Compliance.You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site.
- Governing Law, Arbitration.These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, your use of the Site or these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with C. Gen. Stat. §1-567.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.
- Miscellaneous. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Castle’s failure to act with respect to a breach of these Terms by you or others does not waive Castle’s right to act with respect to subsequent or similar breaches. These Terms, and all documents incorporated herein by reference, set forth and constitute the entire understanding and agreement between Castle with respect to the subject matter hereof.
- Jurisdiction. Subject to the arbitration terms set forth in these Terms, all disputes shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. The parties to these Terms each consent to the in personam jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by traceable courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt. The Site is and remains a U.S. offering and all use of the information collected is and shall remain subject to U.S. law and practice. International users must take this into account and should consult their local laws and independently determine whether participation is desired given these facts.
Questions & Contact Information
Please contact us if you have questions about these Terms of Service.
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