CannonDesign Terms

Thank you for visiting www.cannondesign.com. This website, including without limitation, any features, client portals and content made available through www.cannondesign.com (“Site”) is operated by or on behalf of CannonDesign and its affiliated entities (“CannonDesign”, “us”, “we”).

Please carefully read the following terms and conditions of use and all other rules, policies, and guidelines that may be communicated from time to time through the Site (collectively, “Terms of Use”). By using this Site [and clicking “I agree”] you agree to be bound by and comply with the Terms of Use.  If you do not agree to the Terms of Use, do not use the Site.

Accessing the site.

You must be at least 18 years of age to use the Site. By agreeing to the Terms of Use, you represent and warrant that (a) you are at least 18, and (b) your use of the Site is in accordance with any and all applicable laws.  If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such organization.

Accounts.

Registration, User Names; Passwords, Usage. To the extent that we allow you to create an account on the Site (“Account”), (a) you represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current and complete, and that you will ensure that such information is kept accurate and up-to-date at all times, (b) you are responsible for maintaining the confidentiality of your username and password, (c) you are responsible for all activities that occurs under your Account, (d) you are responsible for your own losses or losses incurred by CannonDesign or any third party due to any unauthorized use of your Account, and (e) you agree not to use your Account for any unlawful purpose or in any way that might harm, damage, or disparage any other party.

Termination. CannonDesign, in its sole discretion and for any reason or no reason, may terminate your account on this Site or discontinue any services, at any time, with or without notice. You agree that CannonDesign will not be liable to you or any third party for any such termination or discontinuance. These remedies are in addition to any other remedies CannonDesign may have at law or in equity.

Ownership; Proprietary rights.

All right, title and interest in and to this Site, including without limitation, all graphics, designs, photographs, compilations, information, and other intellectual property (“Content”) is owned or controlled by CannonDesign and our licensors and certain other parties and is protected by United States copyright, trade dress, patent, and trademark, or other intellectual property rights and laws to the fullest extent possible.  Use of the Content is prohibited unless specifically permitted by these Terms of Use.

Privacy.

For information about how we collect, use and protect your information, please see our Privacy Policy.

Third party links and content.

This Site may include links to third party websites (“Third Party Links”).  Such links are provided for your convenience only.  CannonDesign does not endorse any such Third Party Links or any content, services or materials available via any such Third Party Links (“Third Party Content”). You agree that your use of any Third Party links or third party Content is at your own risk and that CannonDesign will not be responsible or liable for any aspect of any third party links or Third Party Content or for any loss or damage of any sort incurred as a result of the use of any third party links or third party content or any dealings with any third party sites.

Feedback.

Any suggestions, feedback, comments or suggestions you transmit to CannonDesign regarding the Site (“Feedback”), will be treated as non-confidential and you hereby grant CannonDesign a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sublicensable, nonexclusive right and license to incorporate and use your Feedback for any purpose.

Disclaimer of warranties.

CannonDesign uses reasonable efforts to include accurate and up-to-date information on this Site, however, CannonDesign makes no warranties or representations as to the accuracy of the Content and information on this Site. Cannon Design assumes no responsibility for any errors or omissions in the Content or other information on this Site.

Your access to and use of this Site is at your own sole risk.  THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by law, CannonDesign disclaim and make no representations, warranties, endorsements, or promises, express or implied with regard to this Website, including any Content.  WITHOUT LIMITING THE FOREGOING, CANNONDESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions may not allow the disclaimer of implied warranties, so some of the above disclaimers may not apply to you.

Limitation of liability.

UNDER NO CIRCUMSTANCES WILL CANNONDESIGN, OR ANY OF ITS LICENSORS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES (“CANNONDESIGN PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to any use of this Site or any inability to use this site, EVEN IF ANY CANNONDESIGN PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CANNONDESIGN PARTIES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN ONE HUNDRED DOLLARS ($100) FOR ALL CLAIMS UNDER ANY OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE. Some jurisdictions may not allow the limitation or exclusion of liability or incidental or consequential damages, so that the foregoing may not apply to you. In such cases, the liability of the CannonDesign Parties will be limited to the maximum extent permitted by law.

Changes to our terms of use.

CannonDesign reserves the right to change or remove these Terms of Use at our discretion. We will post any changes to these Terms of Use here and we encourage you to visit this area frequently to stay informed. Your continued use of the Site after the effective date of any changes constitutes your consent to the changes.

Miscellaneous.

These Terms of Use constitute the entire agreement between you and CannonDesign relating to the subject matter of these Terms of Use, and supersede all previous communications, representations, understanding and agreements, either oral or written, between you and CannonDesign with respect to the subject matter of these Terms of Use. These Terms of Use do not create any agency, partnership, joint venture, employment or independent contractor relationship between CannonDesign and you. In the event any of the provisions of these Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of CannonDesign to enforce any provision hereunder shall not be construed as a waiver of the prior or future performance of any such provision.  Your rights under these Terms of Use may not be assigned or transferred by you, but any rights granted hereunder may be assigned or transferred by CannonDesign without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.  All matters relating to this Site are governed by the laws of the State of New York in the USA.  All lawsuits arising from or relating to this Terms of Use shall be brought in the Federal or State courts located in Erie County, New York, and you hereby submit to the exclusive personal jurisdiction of such courts for such purpose.

 

 

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