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TERMS and POLICIES
Customer User Agreement
Last Revised July 1, 2011
This Customer User Agreement (“User Agreement”) applies only to the websites controlled by Consumers Digest Communications, LLC, a Delaware limited liability company, and/or its subsidiary and affiliated entities (“Consumers Digest Communications”, “ConsumersDigest.com”, “us”, “we” or “our”) where a link to this User Agreement is posted (collectively, the “Sites”), and all other areas (except to the extent stated otherwise on a specific page) as provided by Consumers Digest Communications. “Sites” also includes any wireless-device-optimized version of the ConsumersDigest.com website (“ConsumersDigest.com Mobile”).
In this User Agreement, “you” and “your” refer to each user of the Sites and, in the case of ConsumersDigest.com Mobile and the other Mobile Services described below, the subscriber of a participating mobile-communications carrier on whose behalf you are entering into this Agreement.
This User Agreement sets forth the terms and conditions for the use of the Sites and the wireless-device-enabled services (“Mobile Services”). Your use of the Sites and/or the Mobile Services constitutes your agreement to these terms and conditions.
BY USING THE SITES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU MAY NOT USE THE SITES.
The User Agreement may be modified from time to time; the date of the most recent revision will appear on this page. You are encouraged to review it on a regular basis. Access of the Sites by you will constitute your acceptance of the latest version of the User Agreement.
Your failure to follow the rules set forth in this User Agreement may result in suspension or termination of your access to the Sites, without notice, in addition to Consumers Digest Communications’ other remedies.
Your Usage Rights
Consumers Digest Communications grants you a nonexclusive, nontransferable, limited right to access, use and display the Sites and the Mobile Services and the materials provided thereon, and to download or print content displayed on our Sites provided that you comply fully with this User Agreement. You may use the contents of the Sites and the Mobile Services only for personal, noncommercial purposes.
We strive to provide an enjoyable online experience for our users so we may monitor activity on the Sites to foster compliance with this User Agreement. All users of the Sites hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Sites, or any portion thereof, will be monitored for unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or noncompliance with this User Agreement.
II. MEDICAL INFORMATION DISCLAIMER
THE INFORMATION ON THE SITES IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, CONSUMERS DIGEST COMMUNICATIONS AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS RESULTING FROM OR ALLEGED TO RESULT FROM THE CONTENT PROVIDED ON THE SITES.
1. REGISTRATION INFORMATION: Consumers Digest Communications may at times require that you register on and/or set up an account to access certain portions of the Sites, or the Sites as a whole. In order to do so, you will be required to choose a password, User ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when you register and/or set up an account on the Sites. If any of your Registration Information changes, you must update it in a timely manner.
2. USE OF USER ID/PASSWORD
A. If you register and/or set up an account on the Sites, you will be solely responsible for maintaining the confidentiality of your Registration Information and password. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this User Agreement to any third party without our written approval. Any actions taken by you in an attempt to sub-license, transfer, sell or assign your Registration Information and/or this User Agreement to a third party will be deemed null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
C. You may use the Sites only (a) for lawful purposes and (b) in accordance with this User Agreement, any operating rules established by Consumers Digest Communications and any other agreements between you and Consumers Digest Communications.
D. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit-, debit- or charge-card number stored on the Sites), you must change the affected Registration Information promptly by using the appropriate update mechanism on the Sites, if available, or notify us.
E. Consumers Digest Communications reserves the right to change or revoke your user name as it deems necessary.
A. Consumers Digest Communications or third parties may charge you fees for products or services offered for sale through the Sites and/or for access to portions of the Sites or the Sites as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Sites by Consumers Digest Communications or by any third-party vendor or provider (such fees, charges and taxes shall be referred to collectively as “Fees”). Consumers Digest Communications reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, and such changes will be effective upon publication.
B. If you submit your credit, debit or charge card or other payment source to Consumers Digest Communications upon registration or otherwise, you give Consumers Digest Communications permission to charge all Fees incurred through your account to the credit, debit or charge card or other payment source you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged with the payment information you provide, an account will not be established for you. If your payment is returned, reversed or refunded to you at any time, Consumers Digest Communications reserves the right to either suspend or terminate your account and all of its obligations thereunder.
C. Auto-Renew Option. Consumer Digest Communications’ auto-renew option allows you to receive uninterrupted access to the Sites without having to renew your subscriptions when the current term of your subscription expires. When you purchase a subscription, if you choose to use the auto-renew option, your auto-renewal of that subscription will be billed at our then-current rate at the time the term of your subscription expires. You will be notified by email of the subscription-renewal rate and the method of payment you used for your initial subscription will be charged automatically at the end of the following month’s billing cycle. If the method of your payment has terminated, or the account has closed, you will receive a renewal notification by email that will give you an opportunity to update your billing information. If you change your mind and decide you do not want to auto-renew the subscription, contact customer support at support@ConsumersDigest.com with your request. You may cancel your auto-renewed subscription at any time. To check the auto-renew status of your subscriptions, log in to “My Account” and select “Manage My Subscription.”
D. Subscription Cancellation Policy. You may cancel your subscription at any time, subject to the following terms:
(1) If you purchase a one-year subscription, which is billed once annually at the time you subscribe, you may cancel at any time during that subscription term by logging in to “My Account” and selecting “Cancel Subscription.”
(a) Upon cancellation, your access to subscriber-only content of the Sites will terminate immediately.
(b) Upon cancellation, the discounted rate offered to a full-year subscriber no longer applies and subscription rates automatically revert back to monthly rates at $5.00 per month or any portion thereof. For example, if you cancel in the second month of an annual subscription term, a charge of $5.00/month will be applied to your first and second months of subscription access for a total charge of $10.00. Subsequently, you will be entitled to a refund of $9.00 from the original $19.00 subscription rate paid ($19.00 - $10.00 = $9.00 refund). Using the same formula, no refunds will be given after any portion of the fourth month becomes accessible to subscribers ($5.00/month rate x 4 months of website access = $20.00 due vs. $19.00 originally paid). Your account will not be charged for the $1.00 difference.
(2) No fees will be refunded if you purchase a one-month subscription.
(3) No fees will be refunded if you purchase one-year access to the Complete Interactive New Car Guide.
(4) If you purchase either a one-year or one-month subscription and do not want it to extend beyond the end of your subscription term, please log in to “My Account” to ensure the “Auto Renewal” box is not checked.
IV. RULES OF USAGE
1. USE OF THE SITES BY YOU
B. Unless otherwise specified, subscriber access to the Sites is intended for the subscriber’s personal use only. You may not authorize others to access the subscriber-only portions of the Sites, and you are responsible for all use of the subscriber only portions of the Sites accessed through your User ID. You may not impersonate, imitate or pretend to be somebody else when you use the Sites.
C. You may not provide to or post on or through the Sites any graphics, text, photographs, images, video, audio or other material.
D. The Sites contain copyrighted material, registered marks and other proprietary information, including graphic elements, text, photographs, images, video, audio and other material that is provided for your use (“Assets”). Without limiting the scope of Consumer Digest Communications’ intellectual property rights, you acknowledge that Consumers Digest Communications and/or its licensors own intellectual property rights in (i) the content included within the Assets; (ii) the Sites and the content contained therein; (iii) the presentation and functionality of the Sites and the content contained therein; and (iv) the marks used in connection with the Sites. The Assets are protected by state, national and international copyright, trademark and other intellectual-property laws. Nevertheless, we grant to you the limited, nonexclusive right to use the Assets solely as described on the Sites, as limited by this User Agreement.
E. The Sites also contain other graphics, text, photographs, images, video, audio, software, code and other material that is provided by Consumers Digest Communications or its licensors and is not clearly identified as such, including without limitation the organization, design, compilation, and “look and feel” of the Sites, and/or the advertising thereon (“Website Content”). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Consumers Digest Communications or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
F. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Sites, including without limitation the Assets or Website Content, except as permitted by applicable law or as expressly permitted in writing by this Agreement, Consumers Digest Communications or the Sites.
G. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Sites or the Sites’ associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Sites.
H. Other than connecting to Consumers Digest Communications’ servers by http requests using a Web browser, you may not attempt to gain access to Consumers Digest Communications’ servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while you use the Sites or otherwise.
I. You acknowledge that Consumers Digest Communications has not necessarily reviewed and does not endorse the content of any websites to which the Sites provide links and is not responsible for the content or actions of any other websites to which the Sites provide links. Linking to any service or site is at your sole risk.
2. MERCHANDISE SOLD ON OR THROUGH THE SITES
A. Neither Consumers Digest Communications nor its third-party service providers make any warranties with respect to any of the merchandise, products and/or services featured, mentioned or sold on or through the Sites.
B. Consumers Digest Communications will distribute shopping content supplied by third-party shopping-service providers and will have no editorial control over the content shown by third-party shopping-service providers on the Sites. Any opinions, advice, statements, services, offers, prices or other information or content expressed or made available by third parties, including those made in search results offered by our service providers, are those of the respective providers, manufacturer(s) or retailer(s), and not of Consumers Digest Communications.
C. Neither Consumers Digest Communications nor any third-party provider of information guarantees the accuracy, timely availability, completeness, usefulness or other related attributes of advertising sales content.
D. You agree that Consumers Digest and its third-party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products and/or services featured, mentioned, sold or distributed on or through the Sites.
E. Transactions for any such item(s) shall be between the user and the particular third-party seller, distributor or manufacturer without any liability of Consumers Digest Communications or any other third-party service providers.
F. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the Sites.
G. The Sites may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.
3. COMMENTS BY OTHERS ARE NOT ENDORSED BY CONSUMERS DIGEST COMMUNICATIONS
Consumers Digest Communications does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on blogs or otherwise contained in the Sites unless expressly stated. Any information or material placed online by subscribers or visitors to the Sites, including advice and opinions, are the views and responsibility of those who post the statements and do not represent the views of Consumers Digest Communications or its third-party service providers unless expressly stated. You agree that Consumers Digest Communications and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information or material posted by others.
4. USE OF MATERIAL SUPPLIED BY YOU
5. COPYRIGHT COMPLAINTS
A. Consumers Digest Communications respects the intellectual-property rights of others, and we ask our users to do the same. Consumers Digest Communications may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe upon the copyright rights of others.
B. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, or that the Sites contain links or other references to another online location that contains material or activity that infringes upon your copyright rights, you may notify Consumers Digest Communications by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Copyright Agent set forth below:
(1) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Consumers Digest Communications to locate the material;
(4) Information reasonably sufficient to permit Consumers Digest Communications to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CONSUMERS DIGEST COMMUNICATIONS, LLC
520 Lake Cook Road, Suite 500
Deerfield, IL 60015
Fax: (847) 607-3009
Note: Only copyright complaints should be sent to Copyright Agent. No other communications will be accepted or responded to.
For communications on other matters, please contact us at email@example.com.
You agree to indemnify Consumers Digest Communications and its affiliates, employees, agents, representatives and third-party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your submissions, from your unauthorized use of material obtained through the Sites, or from your breach of this Agreement, or from any such acts through your use of the Sites.
VI. EDITING AND DELETIONS
Consumers Digest Communications reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Sites in Consumer Digest Communications’ sole discretion, without notice.
VII. ADDITIONAL RULES
Consumers Digest Communications reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Sites. Such additional rules will be posted in the relevant parts of the Sites. Your continued use of the Sites constitutes your agreement to comply with these additional rules.
VIII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED “AS IS”, AND CONSUMERS DIGEST COMMUNICATIONS, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN OR PROVIDED BY THE SITES. CONSUMERS DIGEST COMMUNICATIONS, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITES.
2. CONSUMERS DIGEST COMMUNICATIONS, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED AND ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITES, YOUR USE OF OR RELIANCE ON THE SITES OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
3. YOU HEREBY AGREE TO RELEASE CONSUMERS DIGEST COMMUNICATIONS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
IX. TERMINATION OR SUSPENSION OF ACCESS TO THE SITES
Consumers Digest Communications has the right to terminate and/or suspend your ability to access the Sites or any portion thereof, for any or no reason, without notice.
1. Consumers Digest Communications makes no representation that materials on the Sites are appropriate, available or legal in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
2. You agree that this User Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Illinois applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this User Agreement must be brought in a state or federal court in Cook County, Illinois. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Last Updated: July 1, 2011
This Linking Policy (“Policy”) sets forth the terms and conditions upon which you are permitted to create a direct hyperlink to the website of Consumers Digest Communications, LLC, a Delaware limited liability company (“Consumers Digest Communications”, “us”, “we” or “our”), located at www.ConsumersDigest.com (the “CDC Website”). By creating such a link, you agree to be bound by the terms and conditions set forth in this Policy. If you are entered currently into a licensing agreement with Consumers Digest Communications, you will be referred to herein as a “Licensee.” If you are not entered currently into a license agreement with Consumers Digest Communications, you will be referred to herein as a “Non-Licensee.” The rights, entitlements and obligations relating to a Licensee’s linking to the CDC Website may be modified pursuant to the terms of such Licensee’s license agreement. Consumers Digest Communications reserves the right to revise this Policy at any time, so we encourage you to read it often.
In this Policy, “you” and “your” refer to each party who wishes to establish a link to the CDC Website.
This Policy sets forth the terms and conditions for the establishment of a link to the CDC Website. Your establishment of a link to the CDC Website constitutes your agreement to these terms and conditions.
You may link to the CDC Website as follows: (1) to the ConsumersDigest.com home page located at http://www.ConsumersDigest.com and (2) any other free content pages that are linked to or part of the aforementioned website (collectively, the “Permitted Links”). Unless you are a Licensee and except as otherwise provided in your license agreement, the Permitted Links are the only links allowed without our prior written permission. The links must be direct; no intermediate pages, advertisements or re-routes are permitted.
Images, Logos and Registered Marks
Unless you are a Licensee and except as specifically provided otherwise in your license agreement, you may use the Permitted Links as text-based links using only the words “Consumers Digest” or “ConsumersDigest.com.”
Unless you are a Licensee and except as specifically provided otherwise in your license agreement, you may not use any Consumers Digest Communications image, logo or registered mark as links.
By way of clarification to the above restriction, unless you are a Licensee and except as provided in your license agreement, UNDER NO CIRCUMSTANCES may you use the Consumers Digest “Best Buy” logo (the “CDC Best Buy Logo”) in any advertising, marketing, websites, printed matter, television or any other means whatsoever. The CDC Best Buy Logo is Consumers Digest Communications’ federally registered mark. Consumers Digest Communications will prosecute any company, entity or individual who is found to use the CDC Best Buy Logo without a current licensing agreement.
Unless you are a Licensee and except as specifically provided otherwise in your license agreement, deep-linking to the CDC Website is not permitted.
Unless you are a Licensee and except as otherwise provided in your license agreement, you may not: (1) “frame” any portion of the CDC Website, or display or use a link in any manner that causes any portion of the CDC Website content to be displayed within a frame; (2) incorporate CDC Website content into any other Web site; or (3) use any other techniques that alter in any way the visual presentation or appearance of the CDC Website.
By establishing a link to the CDC Website, you agree not to use any links to the CDC Website for the purpose of harvesting or data-mining, for creating or distributing a competitive database or for otherwise engaging in unfair competition with Consumers Digest Communications.
In addition to the above prohibitions, unless you are a Licensee and except as otherwise provided in your license agreement, you may not: (1) display or use a link in any manner that states or implies any endorsement by, or affiliation with, Consumers Digest Communications; (2) display or use any link to access directly any data file contained in the CDC Website; (3) alter, block or otherwise prevent display of any content of the CDC Website; or (4) link to the CDC Website from any website that contains obscene, defamatory, harassing, illegal, offensive or malicious material.
You agree that any breach of this Policy would cause Consumers Digest Communications irreparable injury, such that Consumers Digest Communications would have no adequate remedy at law. In the event of such breach, Consumers Digest Communications will be entitled to emergency injunctive relief without the necessity of posting bond, in addition to any other remedies it may have at law or in equity or under the terms of this Policy.
If you are a Non-Licensee, Consumers Digest Communications may revoke its linking permission at any time at its sole discretion, including for quality-control purposes relating to the maintenance of high quality standards for Consumers Digest Communications’ registered marks. Upon your receipt of notice of such revocation, you shall immediately: (1) discontinue or disable any link to the CDC Website; (2) remove any and all occurrences of our marks from your website(s); and (3) destroy all copies of data from the CDC Website in your possession, custody or control. Our right to revoke a Licensee’s linking permission will be governed by such Licensee’s license agreement.
You acknowledge and agree that the CDC Website and all materials in and on the CDC Website contain proprietary and confidential information that is protected by applicable copyright, trademark and other intellectual-property laws (our “Proprietary Information”). All materials on and in the CDC Website, including such Proprietary Information, may only be used for personal, noncommercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from the CDC Website unless and until you have obtained prior written consent from Consumers Digest Communications. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the CDC Website, pricing information, compilations of product specifications, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the CDC Website.
Disclaimer of Warranties
By creating a link to the CDC Website, you expressly understand and agree that your use of the CDC Website is at your sole risk. Consumers Digest Communications provides the CDC Website and the content thereof on an “as is” and “as available” basis. Consumers Digest Communications and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors are not responsible for errors or omissions and expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Consumers Digest Communications and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the CDC Website will meet your requirements and/or be uninterrupted, timely, secure, error-free, accurate or reliable.
Limitation of Liability and Indemnity
You expressly understand and agree that Consumers Digest Communications and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Consumers Digest Communications has been advised of the possibility of such damages), resulting from the use or the inability to use the CDC Website, or your links to it, or any other matter relating to the CDC Website. When you access or link to the CDC Website, you are agreeing to indemnify Consumers Digest Communications, its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your link to or use of the CDC Website.
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