The materials available at this web site are for informational purposes only and not for the purpose of providing legal or business advice. You should contact a business consultant or attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create any professional relationship (including, but not limited to: attorney-client or business consultation) between Cedar Park and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of Cedar Park.
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND Cedar Park Assembly of God Of Kirkland Wa (“We” or “Cedar Park”). BEFORE ACCESSING OR USING ANY PART OF http://1degreeofdifference.org/, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS Cedar Park WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE Cedar Park WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “Cedar Park Website”). Cedar Park IS WILLING TO LICENSE AND ALLOW THE USE OF THIS Cedar Park WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE Cedar Park WEBSITE AND ARE INSTRUCTED TO EXIT THE Cedar Park WEBSITE IMMEDIATELY.
terms and conditions
1. LICENSE GRANT. The Cedar Park Website is provided by Cedar Park, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Cedar Park Website and any programs, services, tools, materials, or information made available through or from the Cedar Park Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the Cedar Park Website
• on a single laptop, workstation, or computer; and
• From the Internet or through an on-line network. You may also load information from the Cedar Park Website into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the Cedar Park Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Cedar Park Website on behalf of a Cedar Park or other form of entity, please note that such a Cedar Park or entity may have a separate agreement with Cedar Park regarding access and usage privileges for the Cedar Park Website, including, without limitation, a member services agreement with Cedar Park. Nevertheless, your personal use of the Cedar Park Website will be subject to the obligations and restrictions regarding use of the Cedar Park Website as set forth in this TOS.
2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Cedar Park through the Cedar Park Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Cedar Park Website. Moreover, you may not
• Use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Cedar Park Website or in any way reproduce or circumvent the navigational structure or presentation of the Cedar Park Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Cedar Park Website,
• Attempt to gain unauthorized access to any portion or feature of the Cedar Park Website, including, without limitation, the account of anyother Authorized User(s), or any other systems or networks connected to the Cedar Park Website or to any Cedar Park server or to any of the services offered on or through the Cedar Park Website, by hacking, password “mining,” or any other illegitimate or prohibited means,
• Probe, scan, or test the vulnerability of the Cedar Park Website or any network connected to the Cedar Park Website, nor breach the security or authentication measures on the Cedar Park Website or any network connected to the Cedar Park Website,
Reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Cedar Park Website,
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Cedar Park Website or Cedar Park’s systems or networks or any systems or networks connected to the Cedar Park Website,
• Use any device, software, or routine to interfere with the proper working of the Cedar Park Website or any transaction conducted on the Cedar Park Website, or with any other person’s use of the Cedar Park Website,
• Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Cedar Park on or through the Cedar Park Website,
• Use the Cedar Park Website to harvest or collect e-mail addresses or other contact information;
Market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Cedar Park Website (or any part thereof) without Cedar Park express, separate, and prior written permission, or
• Use the Cedar Park Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Cedar Park.
3. USER OBLIGATIONS. By downloading, accessing, or using the Cedar Park Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Cedar Park Website, including, without limitation, when you provide information via a Cedar Park Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Cedar Park reserves the right to terminate immediately your access to and use of the Cedar Park Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Cedar Park Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Cedar Park in connection with this TOS.
This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Cedar Park Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Cedar Park Website is solely at your own risk. While Cedar Park has endeavored to create a secure and reliable Cedar Park Website, you should understand that the confidentiality of any communication or material transmitted to/from the Cedar Park Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Cedar Park is not responsible for the security of any information transmitted to or from the Cedar Park Website.
You agree to assume all responsibility concerning activities related to your use of the Cedar Park Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Cedar Park Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Cedar Park Website shall only be available through the sole discretion of Cedar Park or pursuant to the terms and conditions of a separate written agreement with Cedar Park.
4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Cedar Park Website, you may provide Cedar Park with additional content or information (a “Posting“).
In connection with delivering and providing to Cedar Park any such Posting, you hereby and automatically grant to Cedar Park a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Cedar Park Website and Cedar Park’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.
With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Cedar Park with reasonable proof thereof (if requested)) required for Cedar Park to use such content or information in connection with Cedar Park’s services and the Cedar Park Website. Notwithstanding the foregoing, you acknowledge and agree that Cedar Park shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Cedar Park Website in a timely or accurate manner. Moreover, Cedar Park assumes no responsibility for the deletion of or failure to store any content or information.
OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the Cedar Park Website, and/or to other specific portions or features of the Cedar Park Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Cedar Park membership benefits until you execute and Cedar Park accepts Cedar Park’s member services agreement with Cedar Park. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Cedar Park Website, the latter terms shall control with respect to your use of that portion of the Cedar Park Website. Cedar Park’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the Cedar Park Website, namely, the Cedar Park member area, may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account.
By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Cedar Park Website and to your account. Accordingly, by using the Cedar Park Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Cedar Park if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Cedar Park cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Cedar Park reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
This Cedar Park Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Cedar Park Website contains such communication forums (collectively, “Forums”), you agree that by using the Cedar Park Website you will not post or transmit any of the following materials on the Cedar Park Website’s Forums:
anything that interferes with or disrupts the Cedar Park Website or the operation thereof,
statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
statements or material that violates other contractual or fiduciary rights, duties, or agreements,
statements or material that is bigoted, hateful, or racially offensive,
statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
statements or material that harms minors,
statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Cedar Park,
statements or material that misrepresents your affiliation with any entity and/or Cedar Park,
anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
chain letters or pyramid schemes,
statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
statements or material that are “off-topic” for a designated Forum, and
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Cedar Park Website.
As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Cedar Park encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all. THE VIEWS EXPRESSED ON THIS SITE, OR MADE ON THIS WEBSITE DO NOT NECESSARILY REFLECT THE VIEWS OF CEDAR PARK.
PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the Posting available to Cedar Park and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Cedar Park has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Cedar Park Website, Cedar Park has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Cedar Park assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
NO PRE-SCREENING OF POSTINGS. Cedar Park is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Cedar Park’s right and ability to delete or remove a Posting (or any part thereof), Cedar Park does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Cedar Park reserves the right to delete or take other action with respect to Postings (or parts thereof) that Cedar Park believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Cedar Park or its products, services, and goodwill. If you violate this TOS, Cedar Park may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Cedar Park Website. Moreover, it is a policy of Cedar Park to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Cedar Park as provided below.
PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Cedar Park Website. Accordingly, you expressly acknowledge and agree that Cedar Park transfers no ownership or intellectual property interest or title in and to the Cedar Park Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Cedar Park Website, unless otherwise indicated, are owned, controlled, and licensed by Cedar Park and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Cedar Park does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Cedar Park Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Cedar Park does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Cedar Park’s trademarks. This Cedar Park Website is Copyright © 2015 Cedar Park and/or its licensors. All rights reserved. Cedar Park also owns a copyright in the contents of the Cedar Park Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Cedar Park Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Cedar Park Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Cedar Park. Cedar Park, the Cedar Park logo, and all other names, logos, and icons identifying Cedar Park and its ministries, programs, products, and services are proprietary trademarks of Cedar Park, and any use of such marks, including, without limitation, as domain names, without the express written permission of Cedar Park is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
FEEDBACK AND SUBMISSIONS. Cedar Park welcomes your feedback and suggestions about Cedar Park’s products or services or the Cedar Park Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback“) to Cedar Park, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Cedar Park and enable Cedar Park to use such feedback. In addition, any feedback received through the Cedar Park Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Cedar Park to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
LINKS TO OTHER SITES. Cedar Park may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Cedar Park and are maintained by third parties over which Cedar Park exercises no control. Accordingly, Cedar Park expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
THIRD-PARTY PRODUCTS/SERVICES. Cedar Park, in its sole discretion, may post the advertisements of third parties on the Cedar Park Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Cedar Park’s members. Cedar Park makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Cedar Park Website are solely between you and such third party. Accordingly, Cedar Park expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Cedar Park Website, and you agree that Cedar Park shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Cedar Park Website.
WHILE Cedar Park ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE Cedar Park WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.
Cedar Park IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE Cedar Park WEBSITE. MOREOVER, Cedar Park MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE Cedar Park WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE Cedar Park WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Cedar Park WEBSITE.
Cedar Park MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Cedar Park WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Cedar Park ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE Cedar Park WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Cedar Park shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this website, or from your use of (or failure to use) the information on this site. This website provides links to other websites owned by third parties. The content of such third party sites is not within Cedar Park’s control, and Cedar Park cannot and will not take responsibility for the information or content thereon. Links to such third party sites are not to be taken as an endorsement by Cedar Park of the third party site, or any products promoted, offered or sold on the third party site, nor that such sites are free from computer viruses or anything else that has destructive properties. We cannot and do not take responsibility for the collection or use of personal data from any third party site. In addition, Cedar Park will not accept responsibility for the accuracy of third party advertisements.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal or business advice. You should contact a business consultant or attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create any professional relationship (including, but not limited to: attorney-client or business consultation) between Cedar Park and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of Cedar Park. See Terms of Service.
LIMITATION OF LIABILITY. You expressly absolve and release Cedar Park from any claim of harm resulting from a cause beyond Cedar Park’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL Cedar Park BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Cedar Park WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Cedar Park WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Cedar Park WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Cedar Park HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Cedar Park FOR ANY REASON WHATSOEVER RELATED TO USE OF THE Cedar Park WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Cedar Park IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
You agree to defend, indemnify, and hold harmless Cedar Park and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Cedar Park, you shall immediately
notify Cedar Park of such breach or such potential breach and
(ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately
(a) Investigate such breach or such potential breach,
(b) Inform Cedar Park of the results of such investigation,
(c) Assist Cedar Park using commercially reasonable efforts in maintaining the confidentiality of such information, and
(d) Assist Cedar Park as reasonably necessary to enforce Cedar Park’s rights and to enable Cedar Park to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Washington, U.S.A. as applied to agreements entered into and completely performed in the State of Washington. You and Cedar Park each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Washington for any disputes between us under or arising out of this TOS.
You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against Cedar Park must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed.
Cedar Park makes no representation that the Cedar Park Website is appropriate or available for use in other locations outside the State of Washington, and access to the Cedar Park Website from sates, territories, or nations where any aspect of the Cedar Park Website is illegal is prohibited. You access the Cedar Park Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Cedar Park Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Cedar Park if you wish to receive a printed copy of this TOS.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Cedar Park Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Cedar Park reserves the right to view, monitor, and record activity on the Cedar Park Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Cedar Park Website.
Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Cedar Park Website as well as to disclosures required by or under applicable law or related government agency actions. Cedar Park will also comply with all court orders involving requests for such information. In addition to the foregoing, Cedar Park reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Cedar Park Website, or any portion of the Cedar Park Website, in order to protect the Cedar Park Website, Cedar Park, or Cedar Park’s business.
TERM AND TERMINATION. This TOS and your right to use the Cedar Park Website will take effect at the moment you click “I ACCEPT” or you install, access, or use the Cedar Park Website and is effective until terminated as set forth below. This TOS will terminate automatically if you click “I REJECT“. In addition, Cedar Park reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the Cedar Park Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Cedar Park Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Cedar Park Website in your possession. In addition to the miscellaneous section below, the provisions concerning Cedar Park’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Cedar Park, such injury would not be quantifiable in monetary damages, and Cedar Park would not have an adequate remedy at law. You therefore agree that Cedar Park shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Cedar Park post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Cedar Park to enforce any provision of this TOS.
The parties agree that this TOS is for the benefit of the parties hereto as well as Cedar Park’s licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without Cedar Park’s prior written consent. Failure by Cedar Park to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Cedar Park of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.