CAMBR, LLC (collectively, “CAMBR,” “we,” “us,” or “our”) owns or licenses all right, title, and interest in and to the website located at www.cambr.com (the “Website”). We welcome you to view our Website and wish to inform you about some important points to consider while doing so. We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or view the Website. All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website.
BY ACCESSING AND VIEWING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR VIEW THE WEBSITE.
From time to time, CAMBR may without advance notice: (a) supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Website, or (b) add, modify or remove any content from the Website. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your access and viewing of the Website after a modification to this Agreement constitutes your acceptance of the modification.
CAMBR and its licensors own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content contained on the Website, as well as the collection, design, production, selection and arrangement thereof (collectively, the “CAMBR Material”). We may incorporate third party software as part of the Website, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, and logos appearing on the Website (collectively, the “Trademarks”) are owned by or licensed to CAMBR and, if licensed, are used with permission of the owner. The Trademarks and CAMBR Material are protected by trademark, copyright, and other intellectual property laws. CAMBR requires you to respect the intellectual property rights that we have in the CAMBR Material and in the Trademarks.
CAMBR hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Website in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any CAMBR Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any CAMBR Material. All rights not expressly granted to you under this Agreement are reserved by CAMBR.
- PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with your access and viewing of the Website:
• criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft;
• using any information contained on the Website for purposes of constructing a competing business;
• web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Trademarks, CAMBR Material or other proprietary information of CAMBR or its licensors;
• interfering with, disrupting, or creating an undue burden on the Website;
• removing copyright, trademark or other proprietary rights notices contained in or on the CAMBR Materials;
• using the Website or CAMBR Materials in a manner inconsistent with applicable laws and regulations.
CAMBR reserves the right to investigate and take appropriate legal action against anyone who, in CAMBR’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in CAMBR suffering irreparable harm and that, in the event of such a dispute, CAMBR or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
- DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE CAMBR MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CAMBR, ITS LICENSORS, AGENTS AND INDEPENDENT CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE, CAMBR MATERIAL AND TRADEMARKS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
CAMBR MATERIAL MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. CAMBR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY, OR RELIABILITY OF ANY CAMBR MATERIAL; (II) ANY OPINION, INFORMATION, ADVICE OR STATEMENT EXPRESSED BY CAMBR ON THE WEBSITE; OR (III) ANY RESULTS TO BE OBTAINED FROM USING CAMBR’S SERVICE OFFERINGS PRESENTED ON THE WEBSITE OR RELYING ON THE CAMBR MATERIAL.
CAMBR DOES NOT WARRANT THAT: (I) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL THAT YOU OBTAIN FROM CAMBR WILL MEET YOUR EXPECTATIONS; (II) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE; OR (III) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE CAMBR MATERIAL IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAMBR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR THE CAMBR MATERIAL, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAMBR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAMBR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. CAMBR IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN ANY EVENT, THE MAXIMUM LIABILITY OF CAMBR TO YOU FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE WEBSITE AND CAMBR MATERIAL WILL IN NO EVENT EXCEED TEN DOLLARS ($10).
You agree to defend, indemnify, and hold harmless CAMBR and its affiliates, officers, directors, members, managers, employees, contractors, agents, advisors and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your access or viewing of the Website; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
- GENERAL PROVISIONS
- This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of New York without regard to the conflict of law provisions thereof. You hereby waive any right to bring any claim against CAMBR in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You waive any right you may have to start or participate in, and agree to opt out of, any class action against CAMBR arising from or relating to the Website or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York and the language of such arbitration shall be English. CAMBR may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect CAMBR’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. CAMBR’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
- CAMBR may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of CAMBR.
- If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Last updated; October 7, 2017