TERMS AND CONDITIONS
Core Compass Terms and Conditions of Service
Effective Date: August 9, 2009
Last Updated: March 27, 2013
Welcome to this Core Compass website operated by Core Agenda Inc. (“Core Agenda”, “we,” or “us”). Core Compass is a division of Core Agenda Inc. In exchange for access to this website (the “Site”) and other websites operated by Core Agenda (collectively, the “Core Agenda Services”), users (“you”) must agree to enter into a contract, called the Terms and Conditions of Service, with Core Agenda.
Please read this Terms and Conditions of Service carefully. This document is a legal contract, and by using the Core Agenda Services you – on behalf of yourself or your employer, if applicable – agree to its terms. If you do not agree to this Terms and Conditions of Service, or if you have not been authorized to agree to this Terms and Conditions of Service on behalf of your employer, you are not authorized to access the Core Agenda Services, and you must discontinue the use of the Core Agenda Services immediately.
If you agree to be bound by the terms of this Agreement, when registering on Core Compass, you should check the box indicating that you “Accept terms and conditions” that is located at the bottom of the Core Compass Registration Page. If you do not agree to be bound by the terms of this agreement, you should not check the box indicating that you “Accept terms and conditions.” If you do not check the box indicating that you “Accept terms and conditions,” you will not be able to proceed with the registration process for the Core Agenda Services and become a member.
To the extent you have access to, or are using, the Core Agenda Services without having completed our registration process or checked the box indicating that you “Accept terms and conditions,” you are hereby notified that your continued use of the Core Agenda Services is subject to many of the terms and conditions of this Agreement as explained in Section 6 below.
Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
1. Changes to Terms and Conditions of Service Agreement
Core Agenda Inc. reserves the right to change this Terms and Conditions of Service at any time at its sole discretion. The most current version of the Terms and Conditions of Service can be accessed on this website. You should check the website from time to time to review the current Terms and Conditions of Service agreement because it is binding on you. Your continued use of Core Agenda Services constitutes your acceptance of any changes or updates to the Terms and Conditions of Service.
2. Membership Eligibility
Access to most portions of the Core Agenda Services (“Restricted Areas”) is restricted to members of Core Agenda’s services offerings (“Members”), to whom we issue usernames and passwords. If you use an account belonging to a Member, you warrant that you are the Member to whom the account has been registered. Members also agree to take full responsibility for any activity that occurs through the use of their account. You are not authorized to access any Restricted Areas unless you have received a valid username and password from us, and are using that username and password we issued you for access. If you believe someone has accessed the Core Agenda Services using your user name and password without your authorization, you must follow the procedures outlined in the Help section of the website of the Core Agenda Services to let us know immediately.
The Core Agenda Services contain business-related content that is neither intended nor appropriate for children. Accordingly, you may only register for and use the Core Agenda Services if you are over the age of eighteen.
A key feature of Core Agenda Services is that membership and access to various Restricted Areas is limited to individuals who have a professional profile in common with specific peer groups. Core Agenda Services bases membership eligibility decisions on the personal information that you provide when applying for or renewing membership, optionally combined with follow-up inquiries to confirm or extend that information and credentials. Core Agenda reserves the right, at its sole discretion, to accept or reject any individual for membership. If you feel that we made an error denying your membership application after evaluating your credentials, please contact us by using the Website Contact Us option, using the subject line “Membership Subscriptions”.
3. Privacy and Your Account
If you access the Core Agenda Services using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to the Core Agenda Services, they will have the ability to view information about your account and make changes through the website for the Core Agenda Services in your name. You may not provide someone else with access to your password to the Core Agenda Services so that they can use Core Agenda Services in your name.
You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
You also agree to respect the privacy of other users. If you obtain contact information for any other user through the Core Agenda Services, you agree to use that contact information only for legitimate business communications directly from you personally and that you will not use information obtained from the Core Agenda Services to send, cause to be sent, or assist in the transmission of, unsolicited commercial messages (known as “spam”) to any other users through any medium. You also agree not to provide contact information for other users obtained through the Core Agenda Services to any third party.
4. Fees and Payments
Core Compass offers both free subscription plans as well as paid subscription plans. Free subscriptions are awarded and maintained completely at Core Agenda's sole discretion. If you choose to purchase any paid subscription plan, you agree to pay the subscription fees for that plan (or plans) and any other charges incurred in connection with your user name and password for the Core Agenda Services (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Core Agenda Services using your user name and password without your authorization, you must follow the procedures outlined in the Help section of the website of the Core Agenda Services. You are responsible for any fees or charges incurred to access the Core Agenda Services through an Internet access provider or other third-party service.
Your subscription will renew automatically, unless we terminate it or you notify us by mail or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription, or change to a free subscription, if offered, before the former renews in order to avoid billing of subscription fees for the renewal term to your credit card.
6. Exceptions for Various Types of Subscribers; Other Users
If you access the Core Agenda Services as part of an "open house," free trial, emailed article or video web link, or otherwise without becoming a subscriber or member, you are hereby notified that all of the terms and conditions of this Terms and Conditions of Service except the section labeled "Fees and Payments" and "Renewal" apply to your use and access of the Core Agenda Services.
7. Limitations on Use
Only one individual may access the Core Agenda Services at the same time using the same user name or password, unless we agree otherwise in writing.
The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Core Agenda Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Core Agenda Services to anyone, including, if applicable, fellow employees, with the following exceptions:
- You may occasionally distribute a copy of an article, or a portion of an article, from the Core Agenda Services in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Core Agenda Services, original source attribution, and the phrase "Sourced from Core Compass (www.corecompass.com). Used with permission from Core Agenda Inc."
- You may occasionally e-mail an article from the Core Agenda Services to a few individuals, without charge, provided you include original source attribution. You are not permitted to regularly provide other users with access to content from the Core Agenda Services by e-mail.
- You may NEVER scrape, copy, transcribe or distribute any comments, discussions or postings from Core Agenda Services under any circumstances. By using Core Agenda Services, you agree to maintain the privacy of all comments, discussions or postings found on Core Agenda Services.
- While you may download, store and create an archive of articles from the Core Agenda Services for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the Core Agenda Services that expressly allows you to share articles, videos, web event recordings, postings or links to articles and postings with others.
- You may forward the URLs (Uniform Resource Locators) to Core Compass Web Events (otherwise known as "Webinars" or "Web Conferences") and Core Compass videos by email, other electronic means or in written form as long as they are fully attributed and referenced back to the main Core Compass website. You may also embed the URLs (Uniform Resource Locators) of any previously recorded and publicly accessible Core Compass Web Events or Core Compass Videos in other websites as long as they are fully attributed and referenced back to the main Core Compass website.
- You may NEVER capture and copy in recorded form any Core Compass Web Event (or "Webinar") or Core Compass Video. You may only access Core Compass Web Events or Core Compass Videos by the URLs that we provide to you unless we have explicitly given you prior permission to do access them by other means with our express written consent.
- Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Core Agenda Services for any purposes, and nothing otherwise stated or implied in the Core Agenda Services confers on you any license or right to do so.
- You may use the Core Agenda Services and the contents contained in the Core Agenda Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Core Agenda Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines along with URLs that we may provide with active links back to the full article on the Core Agenda Services, or Core Compass recorded Web Event URLs as noted above). However, a selection of the individually written articles displayed on Core Compass remain the property of their respective authors, and those authors may directly give you individual persimmsions related to their artcles as those authors see fit to do. Other than this exception with a specific author's persimssion, you agree not to post any content from the Core Agenda Services (other than headlines along with URLs that we may provide with active links back to the full article on the Core Agenda Services, or the URL of a previously recorded Core Compass Event, or the URL of a Core Compass Video) to weblogs, newsgroups, mail lists, electronic bulletin boards or databases, without our written consent.
Live Core Agenda Services Web Events are for your sole use only and may never be shared. You agree not to share access to any Live Core Agenda Services Web Event with any other individual. You agree not to post any link to any Live Core Agenda Services Web Event on another web site or service. You may however share links to a publicly accessible recorded Web Event by email or other communications mechanisms, or you may also embed the URLs (Uniform Resource Locators) of any previously recorded and publicly accessible Core Compass Web Event or Core Compass Video in other websites as long as they are fully attributed and referenced back to the main Core Compass website.
You agree not to use the Core Agenda Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Core Agenda Services if, in our opinion, your use of the Core Agenda Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name, or we may require you to change a user name, that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
8. User Identities and Pseudonyms
We require you to register to have access to Core Agenda Services websites. We recognize that some Members may prefer to use a pseudonym as their Username as well as limit details on themselves in publicly available directories and member profiles used within the Core Agenda Services. You understand that it is your responsibility to share or not share information about your identity publicly within the Core Agenda Services as you see fit, including your name, job title, organization, telephone number, photograph and biographical details.
However, we require that you provide us with your real first and last name, contact information and relevant biographical details for Core Agenda’s private internal administrative use when you register. Whenever we ask you to identity yourself, or for other personal information, you agree to provide truthful, accurate, current and complete information to Core Agenda, and to keep this information current and accurate throughout the time you remain a Member. You also represent that you are not violating any laws, rules or regulations or the rights of any individual or entity, by providing such personal information. We use this private information to affirm your eligibility for membership with the Core Agenda Services, and as a reference point to make sure, at our discretion, that members do not use their anonymity to act in ways which would be in violation of this Terms and Conditions of Service.
It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, you must follow the procedures outlined in the Help section of the website of the Core Agenda Services.
9. User Generated Content
We offer you the opportunity to comment on and engage in discussions regarding articles, postings, web events, videos and various topics. We also offer selected authors as well as some members the opportunity to publish articles in Core Agenda Services. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below.
- Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own business, investment and personal decisions, and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user or member. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach content, comments and messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
- Grant of Rights and Representations by You. If you upload, post or submit any User Content (e.g. text, audio, video, photographic or binary files) on the Core Agenda Services, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Core Agenda Services, you grant Core Agenda Inc., and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Core Agenda Services and to allow other users or users to request access to your User Content, such as for example through a direct URL. You agree you will not attempt to enforce any so-call “moral rights” in our User Content submission against us. This license will apply to the distribution and the storage of your User Content submission in any form, medium or technology now known or later developed.
- Although you are solely responsible for the content you provide and we do not have a policy of reviewing and monitoring all User Submissions, we reserve the right to monitor User Submissions. We may remove any User Content for any reason and without notice to you and at our sole discretion. This includes all materials related to your use of the Core Agenda Services or membership, including email accounts, postings, profiles or other personalized information you may have created while using the Core Agenda Services.
- If you believe that any User Content submissions appear to violate this Terms and Conditions of Service, or if you believe that any user is engaged in illegal, harassing, or objectionable behavior, please contact us with details by using the Website Contact Us Form, using the subject line “Content and Site Feedback”.
- You understand and agree that User Content submissions are neither owned by or nor provided by Core Agenda, and that Core Agenda is in no way responsible for such User Content submissions or related conduct or practices.
- Because the Core Agenda Services are available to the public, we cannot guarantee that any User Submissions will remain confidential, nor do we guarantee that User Submissions published in the Restricted Area will be available only to members.
10. Rules of Conduct
You agree and warrant that you will not use the Core Agenda Services to participate, act, provide, or do anything that is either illegal or inconsistent with the Terms and Conditions of Service, or that we deem improper, including, but not limited to, piracy, copyright infringement, harassment of other users, insider trading, distribution of unsolicited commercial messages via private electronic message, e-mail, fax or telephone, or anti-competitive or violent behavior.
Expectations of Professional and Lawful Conduct. The Core Agenda Services provide a forum for business and personal networking and interaction, and we require all users to behave with professionalism, respect, and in compliance with all applicable laws. By using the Core Agenda Services, you agree that none of your User Content submissions will:
- infringe on the intellectual property, trade secret, privacy, publicity, or other rights of others;
- contain false statements or misrepresentations that could damage Core Agenda or any third party;
- include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by Core Agenda at its sole discretion;
- be illegal or otherwise objectionable;
- include commercial advertisements or solicitations; or
- purport to or actually provide legal, medical, investment, financial planning, tax or other professional advice.
Without limiting the foregoing, you agree not to:
- delete or revise any material or other information of any other user of the Core Agenda Services;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- solicit members or guests of the Core Agenda Services to join outside sites or organizations; or
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the Core Agenda Services, or which, in the judgment of Core Agenda, exposes Core Agenda or any of its participants to any liability or detriment of any type.
11. System and Network Security of the Core Agenda Services
You agree that you will only access the Core Agenda Services through the interfaces that we provide and that you may not violate or attempt to violate the security of the Core Agenda Services, including, without limitation:
- taking any action that could have the effect of damaging the Core Agenda Services or their security, or interfere with other user’s use of the Core Agenda Services, including by imposing unreasonable or disproportionately large load on the Core Agenda Services infrastructure;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Core Agenda Services or any activity being conducted on the Core Agenda Services other than through the search engine or search agents available from Core Agenda and other generally available third-party providers (e.g. Google, Yahoo, Bing, MSN);
- using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate, search, or collect data from the Core Agenda Services other than the search engine and search agents available from Core Agenda on the Core Agenda Services and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer, Firefox);
- attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Core Agenda Services;
- accessing data not intended for you or logging into a server or account of that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a Core Agenda Services system or network or to breach security or authentication measures without proper authorization; or
- attempting to interfere with service to any user, host or network.
Violations of system or network security may result in civil or criminal liability. In accordance with this Terms and Conditions of Service, Core Agenda will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
12. Use In Accordance With Applicable Laws
You agree to use the Core Agenda Services in accordance with all applicable laws. As a condition of your access to the Core Agenda Services, you warrant that you will not use the Core Agenda Services for any purpose that is either unlawful or inconsistent with this Terms and Conditions of Service. We may restrict, suspend or terminate your access to the Core Agenda Services without notice to you if we believe you have violated any law or this Terms and Conditions of Service.
13. Copyright/Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see our Copyright Policy.
14. No Professional Advice
Any information supplied by any employee or agent of Core Agenda, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of Core Agenda Services, and does not constitute legal, tax, medical, accounting, investment, financial planning or other professional advice. In addition, the content provided by Core Agenda Services web sites, including User Submissions, is intended as general educational information, not as specific professional advice. Individual situations and state laws vary, and users are strongly encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Circular 230 - To comply with IRS rules, we must inform you that any article or discussion within Core Compass, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under these rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice comes from a qualified professional in a separate exchange outside of the scope of Core Compass, and is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law.
15. Third Party Web Sites, Services and Software
We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. You also agree that we are not responsible for the content or privacy practices of those third party web sites.
16. Disclaimer of Warranties
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE CORE AGENDA SERVICES AND THE CONTENT AVAILABLE THROUGH THE CORE AGENDA SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE CORE AGENDA SERVICES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE CORE AGENDA SERVICES OR OTHERWISE BY CORE AGENDA, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OF OMISSIONS BY CORE AGENDA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE CORE AGENDA SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. We do not give tax, investment, legal, accounting or medical advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a qualified professional for tax, investment, legal, financial planning, accounting, medical or professional advice.
17. Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO CORE AGENDA INC. AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “CORE AGENDA PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE CORE AGENDA SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE CORE AGENDA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE CORE AGENDA PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE CORE AGENDA SERVICES, YOU AGREE TO INDEMNIFY CORE AGENDA INC. AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE “CORE AGENDA PARTIES”) AGAINST, AND HOLD THE CORE AGENDA PARTIES HARMLESS FROM CLAIMS, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE CORE AGENDA SERVICES WEBSITES.
19. Modifications to Core Agenda Services Websites
Core Agenda reserves the right, at any time, to modify or discontinue, temporarily or permanently, any Core Agenda Services website (or any part thereof) with our without notice. You agree that Core Agenda shall not be liable to you or any third party for modifications, suspension, or discontinuance of a Core Agenda Services website.
Core Agenda reserves the right, in its sole discretion, to terminate, suspend, or limit your access to Core Agenda Services, or any portion thereof, at any time without notice to you. If we do so, the provisions of this Terms and Conditions of Service will survive such termination, except that you will not be permitted to use the Core Agenda Services to the extent that we terminate, suspend, or limit your access. You many discontinue your own access to the Core Agenda Services by contacting us in writing to request that your account be terminated. If you do so, you will not be eligible to receive a refund of any subscription or other fees that you have paid us, and any fees that are due on the date of your termination request will remain due.
21. No Assignment or Third Party Beneficiaries
This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
22. Governing Law
You agree that any dispute between you and Core Agenda will be governed by the law of the State of Delaware, United States of America without regard to its conflict of law provisions, and that any legal action brought by one party against the other will be brought in the courts of Delaware. You agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. Core Agenda controls the Core Compass website and other Core Agenda Services websites from its offices within the United States of America, and the Core Compass website and other Core Agenda Services websites are intended for use in of the United States of America. Core Agenda does not represent that the materials on the Core Compass website and other Core Agenda Services websites are appropriate or made available for use outside the United States of America.
23. Entire Agreement; General
Unless otherwise specified herein, this Terms and Conditions of Service constitute the entire agreement between you and Core Agenda and govern your use of the Core Compass website and other Core Agenda Services websites, superseding any prior or contemporaneous communications and proposals in any form between you and Core Agenda. If any part of this Terms and Conditions of Service agreement is determined to be invalid or unenforceable, 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 and Conditions of Service shall remain in effect.
24. No Waiver
You agree that our failure to enforce any provisions of this Terms and Conditions of Service or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of these Terms and Conditions of Service or to act with respect to similar breaches.
25. Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Core Agenda as a result of these Terms and Conditions of Service or your access to and use of the Core Agenda Services.
26. Electronic Contracting
You agree that a printed version of this Terms and Conditions of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Core Compass® is a registered trademark of Core Agenda Inc. Core Agenda™ and the Core Compass Journal™ are trademarks of Core Agenda Inc.
28. Questions or Comments
If you have any questions or comments about this Terms and Conditions of Service, please contact us by selecting the Contact Us option on this website, using the subject line “Content and Site Feedback” in the Website Email Form that is presented.
© Copyright 2009-2013 Core Agenda Inc. All rights reserved.