Terms of Use

Introduction

Welcome to the Cornerstone Information Systems, Inc (“Cornerstone,” “CIS,” “We,” “Us,” “Our”) and its subsidiaries Web Site (this “Web Site”). These Terms of Use (the “Terms”) explain a contractual agreement between you (“User,” “You,” “Your”) and Cornerstone regarding Your use of this Web Site. By accessing or using this Web Site, You agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Web Site or Services. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE.

1. Acceptance of Terms

By accessing or using the Cornerstone Information Systems website (the “Site”) or any services provided through the Site (collectively, the “Services”), you agree to be bound by these Terms of Use (the “Terms”), our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or Services. These Terms constitute a legally binding agreement between you and Cornerstone Information Systems (“we,” “us,” or “our”).

We reserve the right to update, modify, or replace these Terms at any time without prior notice. Any changes to the Terms will be effective immediately upon posting on the Site. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

Eligibility: By using the Site or Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Site or Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Purpose of this Web Site

The goal of this Web Site is to provide You with access to or information about Our services, products, and related links to meet Your needs (the “Content”). The Content on this Web Site, including all Materials, are for general educational and informational purposes only and are not intended to be used for legal, accounting, medical, or other professional advice and should not be relied on as such. CIS does not endorse any statements or opinions made in the Materials nor determine the truthfulness, accuracy, reliability, currency, or completeness thereof. Use of the Web Site or Materials and any reliance on the Materials will be at your own risk.

3. User Responsibilities and Prohibited Activities

You warrant and represent that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation:

1. Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services.
2. Copying, modifying, translating, or creating derivative works based on the Services.
3. Renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available any Services to any person.
4. Accessing or using the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law.
5. Accessing or using the Services for purposes of competitive analysis of the Services.
6. Posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

User Accounts

Some parts of the Site or Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

In the event that You are provided with User identification numbers or codes (collectively, “ID’s”), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, You shall maintain such User ID’s, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID’s, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred.

You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web Site.

4. Intellectual Property, License Grant, and Software License Agreement

4.1 Proprietary Rights

All content on this Web Site, including text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. You may not use, reproduce, republish, upload, post, transmit, distribute, or exploit the content in any way without our prior written consent.

4.2 Grant of License

CIS grants you a non-assignable and non-transferable limited license to access and use (display, print, download) the Materials and Services for your personal, non-commercial use. You must retain all copyright notices such as trademark notices and other proprietary notices that are contained in the original Materials. You are not permitted to copy, modify, reproduce, sell, rent, lease, loan, distribute, or otherwise dispose of, deal with, or use the Materials or Services for any public purpose or for any commercial gain.

Parts of this Web Site are available only to registered users and subject to payment and other agreements. You agree not to attempt access to these parts of the Web Site without complying with all terms of such agreements. If you are authorized to access a part of this Web Site for a certain time period, then the license to use the Materials and Services will terminate upon the expiration of the applicable time period.

4.3 Software License Agreements Incorporated in Terms of Us

All software that is accessed from this Web Site are governed by software license agreements (“SLAs”), the terms and conditions of which SLAs supplement these Terms of Use and are incorporated in these Terms of Use by reference. In the event of a conflict between these Terms of Use and the terms and conditions of the applicable SLA, the terms and conditions of the applicable SLA will prevail. All software applications not governed by a specific software license agreement are governed by these Terms of Use.

5. Privacy

Your use of this Web Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for more information on how we collect, use, and share your personal information.

6. Violation of Rules and Regulations

Cornerstone Information Systems reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular internet address to this Web Site.

7. Use of this Web Site

We control and operate this Web Site. All Content on this Web Site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the “Providers”) that have licensed their content or the right to market their products and/or services to Us. Content on this Web Site or any Web Site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Web Site, solely for Your personal, non-commercial use, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content.

You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. You may request consent by emailing a request to Cornerstone Information Systems support department, support@cornerstoneindex.com. Your modification of the Content, use of the Content on any other Web Site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Us or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.

You may not use on Your Web Site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another Web Site any of the Content or other materials on this Web Site without Our express prior written consent.

Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.

8. DISCLAIMER OF WARRANTIES

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, REGARDLESS OF THE FORM OF ACTION.

10. Indemnification

You agree to indemnify, defend, and hold Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) resulting from Your use of this Web Site, Your breach of any provision of these Terms, and/or any negligent acts, omissions, or intentional wrongdoing by You.

11. Governing Law and Dispute Resolution

We operate this Web Site (excluding linked Sites) from Our offices within the State of Indiana. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Indiana, by accessing this Web Site, You agree that these Terms and Your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of Indiana, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Indiana for all disputes, cases and controversies regarding this Web Site, Your use of this Web Site, and Your relationship with Us. We make no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited.

Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of laws principles.

11.2 Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES APPLYING INDIANA LAW, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

12. Feedback and Submissions

If you provide us with any feedback, suggestions, or other submissions related to the Web Site or Services, you grant Cornerstone Information Systems a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback or submissions throughout the world in any media.

13. Termination

We may terminate or suspend your access to the Web Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

14. Other General Provisions

14.1 Entire Agreement

These Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Web Site or Services constitute the sole and entire agreement between you and Cornerstone Information Systems or our subsidiaries or affiliates regarding the Web Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Web Site and Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

14.3 Waiver

No waiver of these Terms by Us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

These Terms are not assignable, transferable, or sublicensable by You except with Our prior written consent. We may transfer and assign any of Our rights and obligations under these Terms without Your consent.

14.5 Notices

All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

These Terms are for the benefit of Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers, and each of them shall have the right to assert and enforce these Terms directly or on their behalf.

Contact Information

For any questions about these Terms or the Web Site, please contact us at:

Cornerstone Information Systems, Inc.

Email: support@cornerstoneindex.com