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 Terms & Conditions of Site Use ("Agreement")
The following terms and conditions govern use of this Site:
- Definitions. "CACM" shall mean the California Association of Community Managers, Inc.®, its employees, officers, directors, and all other persons or entities affiliated with CACM responsible for creating, maintaining, and publishing this Site. "Content" shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video. "Site" shall mean the Internet site located at the URL address http://www.cacm.org. "User" shall mean any person or entity that accesses or uses the Site in any manner.
- Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. Users of this Site are granted a limited, nonexclusive license to use the Site and its Content for personal and non-commercial use only. Users may print articles, news stories, press releases, FAQs and other reading materials (“Documents”) from this Site for the User’s personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein, Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of CACM. Users agree not to use this Site or the Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, Content or any of CACM’s servers, or interfere with any other party’s use of the Site or Content. Users agree that they shall not attempt to gain any unauthorized access to the Site or Content, through password mining, hacking or any other means, or harvest or otherwise collect information about others, including e-mail addresses. Users agree that they will not attempt to obtain any Content not intentionally made available to them at this Site. Users shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of CACM or others.
- Linking to or Framing this Site. Users may not create links to or frame the Site for any purpose without the express written consent of CACM.
- Links to Third Party Sites; Accuracy of Content on Linked Sites. Links to other sites operated by independent, third parties exist on this Site. While CACM takes reasonable steps to select and provide links that add value to the Site, CACM is not responsible for the content contained on any linked site. Furthermore, unless expressly indicated otherwise, CACM does not endorse, approve, or otherwise warrant the accuracy of any information or content contained on a linked site. Users should review the terms and conditions of use and the privacy policy of the linked site, if any, before using that site.
- Advertisers. Advertisement banners and other forms of advertising exist on the Site. However, CACM is not responsible for the claims or representations made by any advertiser on the Site nor is CACM responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by CACM in any respect unless expressly indicated otherwise.
- Accuracy and Updating of Site Content. CACM takes reasonable steps to maintain the accuracy and update the Content on the Site. However, CACM does not make any representations or warranties regarding the accuracy of the Content, nor does CACM make any commitment to update the Content. CACM reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice.
- DISCLAIMER. THE CONTENT ON THE CACM SITE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CACM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. CACM DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR THE CONTENT.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CACM BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.
- Modification of Agreement. CACM reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Users agree to be bound by any modification or revision of the Agreement upon electronic posting to the Site.
- Suspension or Termination of Access. CACM reserves the right, in its sole discretion, to suspend or terminate a User‘s access to the Site for any reason, including but not limited to, a User‘s breach of this Agreement.
- Indemnification. User agrees to defend, indemnify and hold harmless CACM from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney‘s fees, resulting from the User‘s violation of any term of this Agreement or alleged illegal use of this Site.
- Reservation of Rights. All rights not expressly granted or addressed herein are reserved by CACM
- Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the State of California, excluding its conflict of law principles. In the event a dispute arises between User and CACM from this Agreement or use of the Site, such dispute shall be submitted to a state or federal court with appropriate jurisdiction located in the County of Orange, California, USA.
- Ownership of Site and Content. All right, title and interest in and to the Site and Content belong solely and exclusively to CACM and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws.
- Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512. If you wish to notify CACM of Content on the Site that may result in copyright infringement pursuant to 17 U.S.C. 512, please mail your notification to our designated agent at:
Kenneth L. Perkins, Jr. Berry & Perkins, PC 18401 Von Karman Avenue, Suite 460 Irvine, CA 92612-8551
- USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT. IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.


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