Terms of Use
ACCEPTANCE OF TERMS.
The services that Construction Navigator Inc. (CNI) provides to you
are subject to the following Terms of Use ("TOU"). CNI reserves the right to
update the TOU at any time without notice to you. 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.
DESCRIPTION OF SERVICES.
Through its network of Web properties, CNI provides you with access to a
variety of resources, including developer tools, 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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the
collection and use of your information.
NOTICE
SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of CNI 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, CNI 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, CNI MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CNI 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 OR IN CNI SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted Rights.
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is CNI
Corporation, One CNI Way, Redmond, WA 98052-6399.
NOTICE
SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
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 K-12, 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.
Documents
specified above do not include the design or layout of the cnavigator.com
Web site or any other CNI owned, operated, licensed or controlled site.
Elements of CNI Web sites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from any CNI Web site may be copied
or retransmitted unless expressly permitted by CNI.
CNI 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. CNI 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 CNI 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
TORTUOUS 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. CNI 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.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB
SITE.
IN NO EVENT SHALL CNI 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 TORTUOUS 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.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify CNI immediately of any unauthorized use of
your account or any other breach of security. CNI will not be liable for any
loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held
liable for losses incurred by CNI or another party due to someone else using
your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
NO UNLAWFUL
OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any CNI server, or the network's connected to
any CNI server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any CNI server or
to any of the Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
USE OF
SERVICES.
The Services may contain e-mail 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 you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree 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, you agree
that when using the Communication Services, you will not:
-
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).
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
or information.
-
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 you own or
control the rights thereto or have received all necessary consent to do
the same.
-
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.
-
Upload files
that contain viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other similar software or programs that may damage
the operation of another's computer or property of another.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such
messages.
-
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
-
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.
-
Restrict or inhibit any other user from using and enjoying the
Communication Services.
-
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
-
Harvest or otherwise collect information about others, including e-mail
addresses.
-
Violate any applicable laws or regulations.
-
Create a false identity for the purpose of misleading others.
-
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.
CNI has no
obligation to monitor the Communication Services. However, CNI reserves the
right to review materials posted to the Communication Services and to remove
any materials in its sole discretion. CNI reserves the right to terminate
your access to any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
CNI reserves
the right at all times to disclose any information as CNI 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 CNI's sole discretion.
Always use
caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. CNI does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, CNI specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services. Managers
and hosts are not authorized CNI spokespersons, and their views do not
necessarily reflect those of CNI.
Materials
uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO CNI OR POSTED AT ANY CNI WEB SITE.
CNI does not claim ownership of the materials you provide to CNI (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") your Submission you are granting CNI,
its affiliated companies and necessary sub-licensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all CNI Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your 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 your Submission, as
provided herein. CNI is under no obligation to post or use any Submission
you may provide and CNI may remove any Submission at any time in its sole
discretion.
By Posting a
Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary for you 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"), you warrant and represent that (a) you are
the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of
your use and as otherwise permitted by these Terms of Use and the Services,
(b) you 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, you are granting (a) to all members of your
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
your 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 your Images without having your 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 you 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 you
completely remove such Images. No compensation will be paid with respect to
the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
NOT RECEIVE A RESPONSE.
LINKS TO
THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CNI'S SITE. THE LINKED SITES ARE
NOT UNDER THE CONTROL OF CNI AND CNI 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. CNI IS NOT RESPONSIBLE FOR WEB-CASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CNI IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY CNI OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
CNI 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 CNI'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CNI. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO CNI OR ANYONE AT CNI. IF, DESPITE OUR REQUEST THAT YOU
NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT CNI MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2001 CNI, 95 South Market ST.-Suite 300, San Jose, CA 95113, U.S.A. All rights reserved. /p>
TRADEMARKS. cNav Score, cNav, cnavigator and/or other CNI products
referenced herein are either registered trademarks or trademarks of CNI
Corporation in the U.S. and/or other countries. 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, e-mail address, logo, person, or event is intended or should be
inferred.
Any
rights not expressly granted herein are reserved.
Send your
questions to the appropriate contact as listed below:
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