These Computer Economics, Inc. (hereafter, CEI) Terms and Conditions of Use (the "Terms") shall be applicable to any and all use of CEI services and/or products provided via CEI's website(s). By using the CEI website(s) and/or CEI products or services (collectively, the "Product"), you ("User") signify your assent to these Terms.
- Subscriber Only Access. By accessing and/or using the Product, User represents, warrants, and covenants that (i) s/he is a signatory to a separate and effective CEI License Agreement ("License Agreement"), or an employee of a signatory to a License Agreement who is duly authorized by his or her employer to access the Product in accordance with the terms and conditions thereof; and (ii) User has not provided and shall provide no false or misleading information in connection with his or her use of the Product.
In cases where a License Agreement is not in effect, User agrees to be bound by the terms and conditions put forth on this page.
- Intellectual Property Rights. CEI owns all right, title and interest, including all intellectual property rights, in and to the Product, together with all future enhancements, improvements, and additions to the Product. User agrees not to use, copy, or distribute the Product, or any portion thereof, in any manner except as expressly permitted by CEI in an applicable License Agreement.
- Remedy for Breach. User acknowledges that any breach of these Terms or the License Agreement would cause CEI irreparable injury, such that CEI would have no adequate remedy at law. In the event of such breach, CEI shall be entitled to injunctive relief in addition to any other remedies it may have at law or in equity.
- Warranty Disclaimer. The Product IS not intended to constitute legal advice, and while CEI strives for the accuracy of its content, CEI PROVIDES THE PRODUCT "AS IS" AND WITHOUT ANY WARRANTY THAT THE ACCESS AND USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ITS CONTENT AND/OR DATA WILL BE ACCURATE, RELIABLE AND ERROR-FREE. USER'S USE OF THE PRODUCT AND RELIANCE THEREON SHALL BE AT USER'S OWN RISK. CEI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. CEI shall NOT be liable for any incidental, consequential, indirect, special, exemplary, punitive, or treble damageS arising from any USE OF THE PRODUCT IN ANY MANNER, INCLUDING WITHOUT LIMITATION ANY CLAIM RELATING TO the INABILITY of USE, OR THE ACCURACY OF CONTENT, even if CEI has been advised of the possibility of such damages. THIS LIMITATION APPLIES TO ALL LIABILITY INCLUDING, WITHOUT LIMITATION, ACTIONS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, AND STRICT LIABILITY), AND TO DAMAGES ARISING FROM OR ATTRIBUTABLE TO THE FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF ANTICIPATED OR ACTUAL REVENUE OR PROFIT, LOSS OF DATA, LOSS OF CAPITAL, LOSS OF GOODWILL, AND DOWN TIME COSTS. EVEN IF THE FOREGOING DISCLAIMER IS HELD TO BE UNENFORCEABLE, CEI’S MAXIMUM LIABILITY SHALL NOT EXCEED THE AMOUNT OF PAYMENTS MADE BY USER OR USER'S EMPLOYER TO CEI HEREUNDER. THE REMEDIES AVAILABLE UNDER THIS AGREEMENT ARE EXCLUSIVE. Without limiting the effect of the foregoing, CEI will not be liable or be deemed in breach for any delay or failure in performance of these Terms or the License Agreement resulting directly or indirectly from any cause beyond CEI’s control, including, without limitation, refusal or inability of a third party to provide communications or energy, labor shortage, industrial dispute, work stoppage and/or unusual or severe weather. The provisions of this paragraph shall survive any termination of the License Agreement.
- Waiver. No waiver by CEI of any breach of any of these Terms or the License Agreement shall be construed as a waiver of any other breach of the same or any other covenant or condition. No delay or failure by CEI in enforcing any term or condition hereof shall be deemed to be a waiver of any right hereunder.
- Severability. If any provision of these Terms or the License Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if the rights of CEI will not be materially and adversely affected thereby, (a) such provision will be fully severable, (b) the remaining provisions will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, (c) the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom, and (d) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and acceptable to CEI.
- Governing Law & Forum. These Terms and the License Agreement and any disputes arising from them, or from any use of the Product by User, shall be governed by the laws of the State of California without reference to choice of law conflicts. Any dispute that arises under or relates to these Terms, or from any use of the Product by User, shall be resolved exclusively in a court of competent jurisdiction in Orange County, California.