1. Acceptance of Terms and Conditions
CBRNEGuide.com provides a licensensed, patent-pending website that enables users to create, manage, find and share card decks of online flashcards (hereinafter referred to as the “Service”), which is subject to the following terms and conditions of usage (hereinafter referred to as “Terms”). CBRNEGuide.com may, from time to time, update the Terms without notice to you. You may read the latest Terms at this URL http://www.cbrneguide.com/TermsOfUse.php at your leisure. Your use of the Service, or any portion thereof, in any way, confirms that you agree to comply with these Terms.
2. Registration Obligations
In consideration of use of the Service, you agree to: (a) provide accurate, true, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CBRNEGuide.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CBRNEGuide.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You acknowledge that Flashcards made available through CBRNEGuide.com (hereinafter referred to as “CBRNEGuide”) are the sole responsibility of the individual who created the specific Flashcard (hereinafter referred to as “User”). You acknowledge that CBRNEGuide.com does not control, monitor, filter or edit Flashcards or Users in any way. CBRNEGuide.com further does not guarantee that any Flashcard is valid or correct. CBRNEGuide.com is not responsible for any loss or damages of any kind that may result from your use of incorrect Flashcards made available through this Service. You agree to hold CBRNEGuide.com harmless from any loss or damages associated with Flashcards made available through this Service.
You agree not to copy, cache, or syndicate Flashcards or in any way move the information contained on any Flashcard(s) to any other website, application or other destination. You may link to Flashcards stored on the CBRNEGuide.com website, but you may not copy, cache or syndicate the image of any Flashcard independently of CBRNEGuide.com. To do so, will cause CBRNEGuide.com to lose revenue, and by accepting this Agreement, you hereby agree to compensate CBRNEGuide.com for such lost revenue.
You acknowledge that all ratings, reviews, comments, feedback, Flashcards or other content posted on the CBRNEGuide.com site, be it text or any other format, (hereinafter referred to as “Content”), are the sole responsibility of the person who posts the Content. Furthermore, you are solely responsible for your own Content posted using the Service.
You acknowledge that CBRNEGuide.com does not control, monitor, filter or edit the Content in any way, and that CBRNEGuide.com is not responsible for Content made available through the Service. As a result of using the Service, you may be exposed to Content that is indecent, slanderous, inaccurate, misleading, crude, rude, racist, sexist, demeaning and generally offensive. You further acknowledge that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the Content made available through this Service. CBRNEGuide.com is not responsible for any loss or damages of any kind that may result from your use of the Content made available through this Service. You agree to hold CBRNEGuide.com harmless from any loss or damages associated with the Content or operation of this Service.
You acknowledge that CBRNEGuide.com may, in its sole discretion, archive or disclose Content, including e-mail addresses, IP addresses, service provider information, time stamps, and any other information, if required to do so by law or in the belief that such disclosure or archiving is necessary to comply with legal process; respond to claims that any Content violates the rights of third-parties; protect the property, safety and rights of CBRNEGuide.com users or the general public; to enforce the Terms.
Although the ownership of the Content you post belongs solely to you personally, you agree that by posting Content to any publicly available area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CBRNEGuide.com an irrevocable, non-exclusive, perpetual, fully paid, worldwide license to use, duplicate, display, syndicate and distribute said Content, and to create derivative works of, or incorporate it into other works, and to grant and authorize sublicenses of the foregoing. Additionally, you will defend, indemnify and hold harmless CBRNEGuide.com from any third-party claim related to a breach of any of the foregoing representations and warranties. You further agree that while the company honors the rights of others, Flashcards typically have very similar information. Therefore, you agree that you will not seek to enforce any copyright on a specific flashcard, and in fact, any company is free to make an identical or derivative flashcard.
You acknowledge that CBRNEGuide.com does not validate, pre-screen or approve the Content made available through this Service, but that CBRNEGuide.com has the right to remove, refuse, delete, discredit, reformat, edit, move or in any way manipulate the Content that it finds objectionable for any reason. You agree not to duplicate, display, and distribute Content from the Service, and agree to abide by any and all copyright notices displayed on the Service.
CBRNEGuide.com does not sell, rent or barter personal information including email addresses. Despite the large sums of money dangled before us, we think that selling this sort of information is sleazy, and there are more important things in life than turning a buck by selling email addresses or private information. We may make usage and demographic information available in aggregate form, but we won’t sell your personal information.
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
- that impersonates any person or entity, including, but not limited to, a CBRNEGuide.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that harasses, degrades or intimidates an individual or group of individuals on the basis of sexual orientation, religion, gender, age, race, ethnicity, or disability;
- that disrupts the normal flow of dialogue with an excessive number of messages (also known as denial of service attack or flooding) to the Service, or that otherwise negatively affects other users' ability to use the Service;
- that is deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch" effort ;
- that includes personal or identifying information about another person without that person's explicit consent;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains unauthorized advertising, promotional materials, “chain letters”, "junk mail”, “spam”, “pyramid schemes”, or any other form of undesirable or repetitious solicitation.
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that contains software code known as “spyware” meant to track the user’s activity or to plant applications that surreptitiously add functionality to the user’s computer without their knowledge of the complete extent of the functionality and their explicit consent;
- that includes links to commercial services or web sites, except as allowed through independent written and duly executed contracts with CBRNEGuide.com;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the source of Content transmitted through the Service;
Additionally, you agree not to:
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes, or any purpose without their explicit consent;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – Note: internet search engines and non-commercial public archives (i.e. archive.org) are hereby explicitly excepted from this restriction. However, such search engines may NOT cache Flashcards. All Flashcards must be served live from CBRNEGuide.com to ensure that they are current.
7. Limitations on Service
You acknowledge that CBRNEGuide.com may establish limits concerning use of the Service, including but not limited to:
You further agree that CBRNEGuide.com has no responsibility or liability for Content that is deleted, or for failure to store Content. You further acknowledge and agree that CBRNEGuide.com may modify or discontinue service, or any portion thereof, at any time and for any reason and duration, with or without notice, and that CBRNEGuide.com shall not be held liable to you or any third party for any reason whatsoever, including loss, potential loss, or damages of any kind.
- the frequency with which you may post and/or access the service;
- the number, length and size of Content
- how long CBRNEGuide.com will maintain and make available the Content
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service.
The Service may provide, or third parties may provide, hyperlinks to other World Wide Web sites or resources. Because CBRNEGuide.com has no control over such sites and resources, you acknowledge and agree that CBRNEGuide.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CBRNEGuide.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. Termination of Service
You agree that CBRNEGuide.com, at its sole discretion, may delete or deactivate your account, block your IP address or email or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content from the Service, for any reason, including, without limitation, if CBRNEGuide.com believes that you have acted in a manner that is inconsistent with the Terms, or the spirit thereof. Further, you agree that CBRNEGuide.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11. Personal Dealings
Your interactions with organizations and/or individuals found via the Service, including payment and delivery of goods, services or information, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that CBRNEGuide.com shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such interactions.
12. Disclaimer of Warranties / Limitation of Liability
You understand and agree that:
13. Proprietary rights
- CBRNEGuide.com disclaims all warranties of any kind, whether express or implied;
- The Service is provided on an "as is" and "as available" basis, and should not be relied upon;
- Your use of the Service is at your sole risk, and CBRNEGuide.com shall not be liable for any direct, indirect, incidental, special, consequential, loss of business or exemplary damages (even if CBRNEGuide.com has been advised of the possibility of such damages), resulting from any aspect of your use of the Service;
- Any warranty not set forth in this Terms document, including any set forth by CBRNEGuide.com employees, whether written or oral, will be invalid;
- If any of the above provisions are void under governing law, CBRNEGuide.com ’s liability shall be limited to the extent permitted by law.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Content or Service, or any portion thereof is prohibited. Copying or reproducing the Content or Service, or any portion thereof, to any other server or location for further reproduction or redistribution is prohibited. Users may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, distribute, sell, resell or exploit, for any commercial purposes, any aspect of the Service. CBRNEGuide.com is a registered mark in the U.S. Patent and Trademark Office.
You agree to indemnify and hold CBRNEGuide.com, its directors, officers, employees and investors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another individual or organization.
15. General information
Entire Agreement: The Terms constitute the entire agreement between you and CBRNEGuide.com and govern your use of the Service, superseding any prior agreements between you and CBRNEGuide.com.
Governing Law: You and CBRNEGuide.com agree that the Terms and the relationship between you and CBRNEGuide.com shall be governed by the laws of the State of California without regard to its conflict of laws and principles.
Jurisdiction: You and CBRNEGuide.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California.
Failure to Exercise Rights: The failure of CBRNEGuide.com to exercise or enforce any right or provision of the Terms, for any reason, shall not constitute a waiver of such right or provision.
Severability: Waiver: If any provision of the Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. You and CBRNEGuide.com further agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Limitation on Claims: You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Violations of Terms
Please report any violations of the Terms, by flagging the posting(s) for review by CBRNEGuide.com staff, or by emailing to mike.hogan (at) gmail.com.
We welcome your feedback on this document and on the Service. Please send them by emailing to mike.hogan (at) gmail.com.