Terms & Conditions

TERMS OF USE
Effective as of September 2013

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” or the “USER”) AND COLA RESOURCES, INC., A NONPROFIT SUBSIDIARY OF COLA, INC. (“WE” or “CRI”). BEFORE USING ANY PART OF THIS CRI WEB SITE (“SITE”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THIS SITE. CRI IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED INFORMATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

TERMS AND CONDITIONS
1. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

2. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, transmit, publish, license, sublicense, transfer, sell, frame, exploit, or otherwise use the Site or any materials contained on or from the Site in any manner not expressly permitted herein. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of CRI and/or its licensor(s). Moreover, you may not use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CRI.

3. USER OBLIGATIONS. You represent that you are at least eighteen (18) years of age or the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information to CRI through this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.

4. THIRD-PARTY PRODUCTS/SERVICES. The Site may feature materials, programs, products, services or links to websites provided by third parties. CRI makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Accordingly, CRI expressly disclaims responsibility and liability for all third-party provided materials, programs, products, services and websites contained on or accessed through the Site, and you agree that CRI shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site.

5. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain areas of the Site requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of CRI’s personal identifying information collection and use practices. Please see CRI’s Privacy Policy at www.criedu.org for a summary of CRI’s personally identifiable information collection and use practices.

6. POSTINGS. This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, avenues for feedback and other interactive features and functionality where Users can share and post comments, feedback on the Site and other information (each, a “Posting”). To the extent that this Site contains such communication forums (collectively, “Forums”), you agree you will not upload, post, display, or transmit any Postings if such Posting (or the act of making the Posting) would be considered defamatory, abusive, violative of any intellectual property or other proprietary rights of any third party, illegal, vulgar, SPAM or otherwise offensive or inappropriate given the professional purpose and nature of the Site.
CRI is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Nevertheless, if you violate this TOU, CRI may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site. Moreover, it is a policy of CRI to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact CRI as provided below.

7. PERMISSION TO USE POSTINGS. By submitting a Posting to a Forum or other portion of this Site or by otherwise using this Site to transmit or display a Posting, you automatically grant CRI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, distribute and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to CRI and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that CRI has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed.

8. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that CRI transfers no ownership or intellectual property interest or title in and to this Site, or any portion thereof, to you or anyone else. All text, graphics, audio/visual material, headers, icons, photographs, sounds, artwork, computer code, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, or licensed by CRI and its successors and assigns and are protected by law. Except as expressly provided herein, CRI does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. CRI and all other names, designs, logos, and icons identifying CRI are proprietary trademarks of CRI or its licensors, and any use of such marks, including, without limitation, as domain names, without the express written permission of CRI is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

9. DISCLAIMER. THE INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. CRI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CRI ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CRI BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF CRI FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CRI IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.

11. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Maryland as applied to agreements entered into and completely performed in the State of Maryland.

12. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to CRI, such injury would not be quantifiable in monetary damages, and CRI would not have an adequate remedy at law. You therefore agree that CRI shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that CRI post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to CRI to enforce any provision of this TOU.

13. TERM AND TERMINATION. This TOU will take effect at the moment you begin using the Site in any manner. CRI reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below. The provisions concerning CRI’s proprietary rights, CRI’s use of Postings, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.

14. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by CRI of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

15. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and CRI as result of this TOU or your utilization of this Site. This TOU, CRI’s Privacy Policy, and any other agreement or terms or conditions for services, programs, or licenses for materials, information, or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and CRI with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and CRI with respect to this Site. You may not assign or transfer any rights under this Agreement without the prior written consent of CRI. Please note that CRI reserves the right to change the terms and conditions of this TOU and the terms and conditions under which this Site and its offerings are extended to you by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, CRI may add, modify, or delete any aspect, program, or feature of this Site, but CRI is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of this Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.

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