The Cumberland Group Company Website Terms Of Use

ATTENTION: PLEASE READ THESE TERMS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site. Cumberland Group – Chicago, Inc. ("The Cumberland Group") authorizes you to view and download materials ("Materials") at this web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original Materials in any copies of the Materials. The copyright in the Materials is held by The Cumberland Group or the original creator of the material. You may not modify the Materials at this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of The Cumberland Group or the copyright owner. For purposes of these Terms, any use of these Materials on any other web site or networked computer environment for any purpose is prohibited. The Materials are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Password and User Name. Access to some content accessible from this Site is password controlled. By registering for an account, a password and the right to use the protection portions of this Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by The Cumberland Group as a result of the misuse of your user name, password or account.

User Submissions. The Cumberland Group does not want to receive confidential or proprietary information from you from this Site. Other than personally identifiable information (which is covered under the The Cumberland Group Privacy Statement), any material, information or other communication that you transmit or post to this Site ("User Communications") will be considered non-confidential and non-proprietary. The Cumberland Group will have no obligations whatsoever with respect to the User Communications. The Cumberland Group and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending The Cumberland Group the User Communications, you also agree that The Cumberland Group is free to use any ideas, concepts, know-how, or techniques for any purpose. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or regulation.

User Chat Rooms. The Cumberland Group may, but is not obligated to, monitor or review any areas of the Site where users transmit or post User Communications or communicate solely with each other, including, without limitation, to chat rooms, bulletin boards or other user forums, and the content of any such User Communications. The Cumberland Group, however, will have no liability or obligations whatsoever related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Cumberland Group retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links to Other Web Sites. Links to third party web sites from this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. The Cumberland Group has not reviewed all of these sites or their content. Thus, The Cumberland Group does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. IN PARTICULAR, THE CUMBERLAND GROUP DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. The Cumberland Group further does not warrant the quality, validity, accuracy or completeness of the Materials or services at this Site ("Services") or that the functions contained on the Site will be uninterrupted of error-free, or that defects or inaccuracies will be corrected. The Cumberland Group may make changes to the Materials or Services, or to the products, specifications or prices described in them, at any time without notice. The Materials and Services may be out of date, and The Cumberland Group makes no commitment to update the Materials and Services at this Site or to make any notification of changes. Information published at this Site may refer to products, programs or services that are not available in your country. Please consult your local The Cumberland Group distributor or reseller for information concerning the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. IN NO EVENT WILL THE CUMBERLAND GROUP, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS ANY USE OF THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c)(1-2)(June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2)(November 1995), as applicable in any technical data at this Site.

Applicable Laws. This Site is administered by The Cumberland Group from its offices in Hinsdale, Illinois. The Cumberland Group makes no representation that the Materials or Services are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the Materials or Services at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export control laws and regulations. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. These Terms will be governed by and construed in accordance with the laws of the Illinois, without giving effect to any of its principles of conflicts of laws.

General. These Terms represent the entire agreement relating to the use of this Site. The Cumberland Group's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. The Cumberland Group may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding upon you and your use of the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site. The Cumberland Group may, its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of these Terms. These Terms shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.

The information contained in this Site is subject to change without notice. Copyright © 2006 Cumberland Group – Chicago, Inc. All rights reserved. The Cumberland Group, 312 West Hickory St., Hinsdale, IL 60521.