TERMS - Legal Information & Notices
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use")
apply to the Claremont WhistleBlower blog located at
www.claremontwhistleblower.blogspot.com, and all associated sites linked to
www.claremontwhistleblower.blogspot.com by Claremont WhistleBlower, its subsidiaries and
affiliates, including Claremont WhistleBlower sites around the world
(collectively, the "Site"). The Site is the property of Claremont WhistleBlower ("Claremont WhistleBlower") and its licensors.
BY USING THE SITE,
YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE
SITE.
Claremont WhistleBlower reserves the right, at its sole
discretion, to change, modify, add or remove portions of these Terms of
Use, at any time.
It is your responsibility to check these Terms of Use
periodically for changes.
Your continued use of the Site following the
posting of changes will mean that you accept and agree to the changes.
As long as you comply with these Terms of Use, Claremont WhistleBlower
grants you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code
(collectively, "Content"), including but not limited to the design,
structure, selection, coordination, expression, "look and feel" and
arrangement of such Content, contained on the Site is owned, controlled
or licensed by or to Claremont WhistleBlower, and is protected by trade
dress, copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no
part of the Site and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted
or distributed in any way (including "mirroring") to any other computer,
server, Web site or other medium for publication or distribution or for
any commercial enterprise, without Claremont WhistleBlower's express prior
written consent.
You may use information on Claremont WhistleBlower products
and services (such as data sheets, knowledge base articles, and similar
materials) purposely made available by Claremont WhistleBlower for
downloading from the Site, provided that you (1) not remove any
proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any
such information, and (4) not make any additional representations or
warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site.
Claremont WhistleBlower reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems or networks
connected to the Site or to any Claremont WhistleBlower server, or to any
of the services offered on or through the Site, by hacking, password
"mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor breach the security or
authentication measures on the Site or any network connected to the
Site. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other
customer of Claremont WhistleBlower, including any Claremont WhistleBlower
account not owned by you, to its source, or exploit the Site or any
service or information made available or offered by or through the Site,
in any way where the purpose is to reveal any information, including
but not limited to personal identification or information, other than
your own information, as provided for by the Site.
You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure
of the Site or Claremont WhistleBlower's systems or networks, or any
systems or networks connected to the Site or to Claremont WhistleBlower.
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site or
any transaction being conducted on the Site, or with any other person's
use of the Site.
You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or
transmittal you send to Claremont WhistleBlower on or through the Site or
any service offered on or through the Site. You may not pretend that you
are, or that you represent, someone else, or impersonate any other
individual or entity.
You may not use the Site or any Content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes
the rights of Claremont WhistleBlower or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of the Site,
including contests, promotions or other similar features, all of which
terms are made a part of these Terms of Use by this reference. You agree
to abide by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate
in such service or feature. If there is a conflict between these Terms
of Use and the terms posted for or applicable to a specific portion of
the Site or for any service offered on or through the Site, the latter
terms shall control with respect to your use of that portion of the Site
or the specific service.
Claremont WhistleBlower's obligations, if any, with regard to
its products and services are governed solely by the agreements
pursuant to which they are provided, and nothing on this Site should be
construed to alter such agreements.
Claremont WhistleBlower may make changes to any products or
services offered on the Site, or to the applicable prices for any such
products or services, at any time, without notice. The materials on the
Site with respect to products and services may be out of date, and Claremont WhistleBlower makes no commitment to update the materials on the
Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the
Site may require you to open an account (including setting up an Claremont WhistleBlower ID and password).
You are entirely responsible for
maintaining the confidentiality of the information you hold for your
account, including your password, and for any and all activity that
occurs under your account as a result of your failing to keep this
information secure and confidential.
You agree to notify Claremont WhistleBlower immediately of any unauthorized use of your account or password,
or any other breach of security.
You may be held liable for losses
incurred by Claremont WhistleBlower or any other user of or visitor to the
Site due to someone else using your Claremont WhistleBlower ID, password or
account as a result of your failing to keep your account information
secure and confidential.
You may not use anyone else's Claremont WhistleBlower ID,
password or account at any time without the express permission and
consent of the holder of that Claremont WhistleBlower ID, password or
account.
Claremont WhistleBlower cannot and will not be liable for any loss
or damage arising from your failure to comply with these obligations.
Privacy
Claremont WhistleBlower's Privacy Policy applies to use of
this Site, and its terms are made a part of these Terms of Use by this
reference.
By using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure.
You understand
that any message or information you send to the Site may be read or
intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is
encrypted.
Links to Other Sites and to the Claremont WhistleBlower Site
This Site may contain links to other independent
third-party Web sites ("Linked Sites"). These Linked Sites are provided
solely as a convenience to our visitors. Such Linked Sites are not under Claremont WhistleBlower's control, and Claremont WhistleBlower is not
responsible for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites.
You will need to make your own independent judgment regarding your
interaction with these Linked Sites.
Disclaimers
CLAREMONT WHISTLEBLOWER DOES NOT PROMISE THAT THE SITE OR ANY
CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE
OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE
DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION
PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
CLAREMONT WHISTLEBLOWER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE
SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
CLAREMONT WHISTLEBLOWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
CLAREMONT WHISTLEBLOWER DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR CLAREMONT WHISTLEBLOWER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CLAREMONT WHISTLEBLOWER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO
STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A
PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of
contract, tort, negligence or any other cause of action.
Claremont WhistleBlower reserves the right to do any of the
following, at any time, without notice: (1) to modify, suspend or
terminate operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or any portion
of the Site, and any applicable policies or terms; and (3) to interrupt
the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other
changes.
Limitation of Liability
Except where prohibited by law, in no event will Claremont WhistleBlower be liable to you for any indirect, consequential,
exemplary, incidental or punitive damages, including lost profits, even
if Claremont WhistleBlower has been advised of the possibility of such
damages.
If, notwithstanding the other provisions of these Terms of
Use, Claremont WhistleBlower is found to be liable to you for any damage
or loss which arises out of or is in any way connected with your use of
the Site or any Content, Claremont WhistleBlower's liability shall in no
event exceed the greater of (1) the total of any subscription or similar
fees with respect to any service or feature of or on the Site paid in
the six months prior to the date of the initial claim made against Claremont WhistleBlower (but not including the purchase price for any Claremont WhistleBlower hardware or software products or any Claremont WhistleBlower item. Care or similar support program), or (2) US$100.00. Some
jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to you.
Indemnity
You agree to indemnify and hold Claremont WhistleBlower, its
officers, directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless from any
demands, loss, liability, claims or expenses (including attorneys'
fees), made against Claremont WhistleBlower by any third party due to or
arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Claremont WhistleBlower may disclose any information we have
about you (including your identity) if we determine that such disclosure
is necessary in connection with any investigation or complaint
regarding your use of the Site, or to identify, contact or bring legal
action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) Claremont WhistleBlower's rights
or property, or the rights or property of visitors to or users of the
Site, including Claremont WhistleBlower's customers.
Claremont WhistleBlower
reserves the right at all times to disclose any information that Claremont WhistleBlower deems necessary to comply with any applicable law,
regulation, legal process or governmental request.
Claremont WhistleBlower
also may disclose your information when Claremont WhistleBlower determines
that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations for fraud
protection purposes.
You acknowledge and agree that Claremont WhistleBlower may
preserve any transmittal or communication by you with Claremont WhistleBlower through the Site or any service offered on or through the Site,
and may also disclose such data if required to do so by law or Claremont WhistleBlower determines that such preservation or disclosure is
reasonably necessary to (1) comply with legal process, (2) enforce these
Terms of Use, (3) respond to claims that any such data violates the
rights of others, or (4) protect the rights, property or personal safety
of Claremont WhistleBlower, its employees, users of or visitors to the
Site, and the public.
You agree that Claremont WhistleBlower may, in its sole
discretion and without prior notice, terminate your access to the Site
and/or block your future access to the Site if we determine that you
have violated these Terms of Use or other agreements or guidelines which
may be associated with your use of the Site.
You also agree that any
violation by you of these Terms of Use will constitute an unlawful and
unfair business practice, and will cause irreparable harm to Claremont WhistleBlower, for which monetary damages would be inadequate, and you
consent to Claremont WhistleBlower obtaining any injunctive or equitable
relief that Claremont WhistleBlower deems necessary or appropriate in such
circumstances.
These remedies are in addition to any other remedies Claremont WhistleBlower may have at law or in equity.
You agree that Claremont WhistleBlower may, in its sole
discretion and without prior notice, terminate your access to the Site,
for cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material
modification of the Site or any service offered on or through the Site,
or (4) unexpected technical issues or problems.
If Claremont WhistleBlower does take any legal action against
you as a result of your violation of these Terms of Use, Claremont WhistleBlower will be entitled to recover from you, and you agree to pay, all
reasonable attorneys' fees and costs of such action, in addition to any
other relief granted to Claremont WhistleBlower.
You agree that Claremont WhistleBlower will not be liable to you or to any third party for
termination of your access to the Site as a result of any violation of
these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or
use of the Site, including all disputes, will be governed by the laws of
the United States and by the laws of the State of Illinois
without regard to its conflicts of laws provisions.
You agree to the
personal jurisdiction by and venue in the state and federal courts in
Chicago, IL, and waive any objection to such jurisdiction or venue.
The
preceding provision regarding venue does not apply if you are a consumer
based in the European Union. If you are a consumer based in the
European Union, you may make a claim in the courts of the country where
you reside.
Any claim under these Terms of Use must be brought within
one (1) year after the cause of action arises, or such claim or cause of
action is barred.
Claims made under the separate terms and conditions
of purchase for goods and services are not subject to this limitation.
No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be
entitled to costs and attorneys' fees.
In the event of any controversy
or dispute between Claremont WhistleBlower and you arising out of or in
connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute.
If we are
unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then either party may submit such controversy
or dispute to mediation.
If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
Claremont WhistleBlower administers and operates the
www.claremontwhistleblower.blogspot.com Site from its location in Chicago, IL, USA;
other Claremont WhistleBlower sites may be administered and operated from
various locations outside the United States. Although the Site is
accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to
all persons or in all geographic locations, or appropriate or available
for use outside the United States. Claremont WhistleBlower reserves the
right to limit, in its sole discretion, the provision and quantity of
any feature, product or service to any person or geographic area.
Any
offer for any feature, product or service made on the Site is void where
prohibited.
If you choose to access the Site from outside the United
States, you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service offered on
the Site, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by
a court or other tribunal of competent jurisdiction to be void or
unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary and replaced with a valid provision that best
embodies the intent of these Terms of Use, so that these Terms of Use
shall remain in full force and effect. These Terms of Use constitute the
entire agreement between you and Claremont WhistleBlower with regard to
your use of the Site, and any and all other written or oral agreements
or understandings previously existing between you and Claremont WhistleBlower with respect to such use are hereby superseded and cancelled.
Other than as provided in a purchase agreement you enter into with Claremont WhistleBlower, Claremont WhistleBlower will not accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. Claremont WhistleBlower's failure to insist on or
enforce strict performance of these Terms of Use shall not be construed
as a waiver by Claremont WhistleBlower of any provision or any right it has
to enforce these Terms of Use, nor shall any course of conduct between Claremont WhistleBlower and you or any other party be deemed to modify any
provision of these Terms of Use. These Terms of Use shall not be
interpreted or construed to confer any rights or remedies on any third
parties.
Claremont WhistleBlower provides access to Claremont WhistleBlower international data and, therefore, may contain references or
cross references to Claremont WhistleBlower products, programs and services
that are not announced in your country.
Such reference does not imply
that Claremont WhistleBlower in your country intends to announce such
products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to
be non-confidential. Atomic Kommie Comics shall be free to use such
information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
©2013 Claremont WhistleBlower. All rights reserved.
Updated by The Claremont WhistleBlower Legal Team on February 25, 2013