WEBSITE TERMS AND CONDITIONS


Welcome to www.cpp.com (this “Site”).  This Site is owned and operated by CPP, Inc., a California corporation (“CPP”).  

These Terms and Conditions, which include CPP’s Privacy Policy and Trademark Guidelines (“Terms”) govern your access to the Site.  By visiting and using the Site, you indicate that you agree to be bound by these Terms.  


ARTICLE 1.  INTELLECTUAL PROPERTY RIGHTS

1.1    Intellectual Property Rights Generally.  The text, graphics, photographs, videos, sounds, logos, trademarks, service marks, and other material contained on the Site (“Site Content”) are protected by U.S. and foreign copyright, trademark, trade secret, patent, and other intellectual property laws, as well as other applicable laws.  CPP reserves all rights arising from or related to the Site Content.  

1.2    Permitted Uses.  You may use the Site and the Site Content only in accordance with these Terms.  You may download, view, use, copy, or print, any Site Content for personal, non-commercial use only, and only to the extent that such usage does not infringe CPP’s intellectual property rights.  You must retain all copyright, trademark, and other notices contained in the Site Content.  

1.3    Prohibited Uses.  You may not use, download, upload, copy, modify, print, display, perform, reproduce, republish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works, or exploit any Site Content or any part of the Site.  Furthermore, you may not

(a)    send unsolicited commercial emails to the email addresses provided on the Site;
(b)    delete or modify any of the Site Content on the Site;
(c)    use any device or software that interferes with the proper functioning of the Site or the servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
(d)    use any process to compile information on the Site for purposes other than for a generally available search engine;
(e)    use any of CPP’s logs, names, trademarks, or service marks without CPP’s prior written consent, including, without limitation, the use of these materials as metatags or hidden text, except in accordance with CPP’s Trademark Guidelines;
(f)    copy, distribute, display on your own website, or otherwise reproduce any of the Sample Reports provided on the Site; or
(g)    use CPP trademarks in the domain name or URL of any website you own or operate.


ARTICLE 2.  PRIVACY AND SECURITY

2.1    Privacy and Security Generally.  CPP will treat any personal information that it collects from you in accordance with CPP’s Privacy Policy, which is incorporated by reference into these Terms.

2.2    Submissions.  Excluding information covered by the Privacy Policy, all communications or materials that you send to the Site, electronically or otherwise, (your “Submissions”) will be treated as non-confidential.  By sending Submissions to the Site, you grant CPP a perpetual, royalty-free, sublicensable, irrevocable license to

(a)    use, reproduce, transmit, disclose to third parties, display, broadcast, post, or create derivative works from, your Submissions; and
(b)    use any ideas, concepts, techniques, or know-how contained in your Submissions for any purpose, including but not limited to developing, manufacturing, and marketing products and services.  

You agree never to assert against CPP, its successors or assigns, any rights that you may have in such Submissions.  


ARTICLE 3.  LINKS

3.1    Inbound Links.  CPP reserves the right to request that you remove any link to the Site.  If you link to the Site, the link may not be used in any way that

(a)    suggests that CPP endorses you or your website; or
(b)    disparages CPP or its products or services.

3.2    Outbound Links.  The Site may provide links to third parties’ websites.  These websites operate under separate terms of use, privacy policies, and other rules.  The existence of these links does not indicate CPP’s approval or endorsement—either express or implied—of any material contained on any linked website.  Your use of any such third party website is at your own risk.  CPP is not responsible for the content of any the websites to which it links, or for any loss or damage that you may incur from dealing with any third party found through the Site.  

3.3    Sample Reports.  Any reference to a Sample Report hosted on the Site must be done by linking to the appropriate URL on the Site.  You may not embed the Sample Reports hosted on the Site on another webpage.  


ARTICLE 4.  WARRANTIES AND LIMITATIONS ON LIABILITY

4.1    No Warranties.  The Site, Site Content, and products and services provided or referenced on the site are provided “as is” and without any warranties or representations of any kind, express or implied.  There is no warranty that

(a)    any Site Content or product or service provided or referenced by this Site will be complete or accurate on a particular date, will not contain typographical errors, will fulfill any of your particular purposes or needs, or will not infringe on any third party rights;
(b)    the operation of the Site will be error-free or uninterrupted;
(c)    defects will be corrected;
(d)    the Site or any emails sent by CPP or on behalf of CPP will be free of viruses or other harmful devices;
(e)    the Site will be available to you at all times; or
(f)    the products or services offered through the Site are available in all jurisdictions.  

4.2    Availability of Products or Services.  CPP does not imply that the products or services that it presents on the Site are available for use in jurisdictions in which it is licensed to do business, or that it is soliciting business in any such jurisdictions.  CPP does not represent that these products or services will remain available to you or that you will qualify to acquire them.  

4.3    Limitation of Liability.  CPP assumes no liability or responsibility for any errors or omissions in the Site Content or any part of the Site, or any damages from any viruses that may affect your computer equipment or other property, or any other damages on account of your access to, use of, or downloading from, the Site.  CPP, ITS AFFILIATES, OR SUBCONTRACTORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFIT, REVENUE, DATA, GOODWILL, OR USE INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF, OR CONNECTED WITH YOUR ACCESS TO, USE OR INABILITY TO USE, OR DELAY IN USE OF THE SITE, ANY DEFECT, OMISSION, ERROR, INTERRUPTION, OR VIRUS, OR ANY MATERIAL, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY THEORIES, OR OTHERWISE, EVEN IF CPP, ITS AFFILIATES OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  


ARTICLE 5.  AMENDMENTS

5.1    Changes to These Terms.  CPP may revise these Terms from time to time.  Your continued use of the Site following the posting of any changes to the Terms constitutes your acceptance of these changes and indicates that you agree to be bound by the updated Terms.  


ARTICLE 6.  MISCELLANEOUS

6.1    Jurisdiction.  Use of the Site is not permitted in any jurisdiction that does not give effect to all the provisions of these Terms, including, without limitation, this paragraph.  

6.2    Governing Law.  The Terms will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions.  

6.3    Venue.  You consent to the exclusive jurisdiction and venue of the courts within the County of Santa Clara, State of California, U.S.A. and waive any jurisdictional venue or inconvenient forum objections to such courts.  
6.4    Retention of Rights.  Any failure on CPP’s part to enforce any of its rights under the Terms or applicable laws shall not constitute a waiver of such right.  

6.5    Assignment.  CPP may assign its rights and obligations under these Terms to a third party without this assignment being deemed a change to these Terms, and without notice to you.  

6.6    Nature of Relationship.  No joint venture, partnership, employment, or agency relationship exists between you and CPP as a result of your use of the Site.  

6.7    Compliance with Laws.  CPP’s performance under these Terms is subject to existing laws and legal process.  CPP will comply with law enforcement requests or requirements relating to your use of the Site or information provided to, or gathered by, CPP with respect to such use.  

6.8    Interpretation and Severability.  If a court or arbitrator of competent jurisdiction finds any part of these terms to be invalid, illegal, or unenforceable, it will be requested to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.  

6.9    Entire Agreement and Counterparts.  These Terms (including the Privacy Policy and Trademark Guidelines) constitute the entire agreement between you and CPP with respect to the Site.  They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CPP with respect to the Site.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Contact Information: If you have any questions regarding these Terms or the Site, please contact CPP or write to us at:

Legal Department
CPP, Inc.
1055 Joaquin Road
2nd Floor
Mountain View, CA 94043

legal@cpp.com

800-624-1765
 

 

Effective Date: February 2012