The terms and conditions set forth below constitute an agreement between Chesapeake System Solutions, Inc. ("Chesapeake") and you, the user, of www.chessys.com and any other affiliated site owned by Chesapeake (collectively the "Site"). In this Agreement the terms "you" "your" "user" or any other similar reference, whether capitalized or not, refer to the person using the Site and if the User is an employee of a company and, making use of the Site for business purposes, includes the user's company, its officers, employees, members, agents, successors and assigns.
User Access Terms.
As a user of the Site, you agree to comply with all Chesapeake policies as described below.
When you register with, or provide information via, the Site, you agree and represent that You are over the age of 18, have read, understand, and agreed to this Agreement, all user information you supply is true and correct, You have accessed the Site and provided your user information to Chesapeake with the bona fide intent to use the Site, Chesapeake's products or services, or to view a demo, and not with an ulterior intent, such as to download large portions of the Site to compete with Chesapeake, or to use any reply information provided by Chesapeake to directly or indirectly compete with Chesapeake or to provide such information to a competitor of Chesapeake.
B. Access codes and passwords; no hacking.
When you sign up as a member or potential customer of Chesapeake, you may be provided a password or other access code to download information or content or otherwise make use of portions of the Site that are not generally available to the public ("Restricted Areas"). You agree that these passwords and access rights are owned by Chesapeake and that you will not disclose these passwords or access codes to anyone or by any means, and that you will maintain such access codes and passwords securely so that no other person may gain access to such codes.
You agree that all information you obtain from accessing Restricted Areas is confidential information of Chesapeake, and constitutes the copyrighted work of Chesapeake (hereafter the "Restricted Content"). You agree: (i) not to disclose Restricted Content to any person outside of employees of your company, without first obtaining the written consent of Chesapeake; (ii) to use Restricted Content solely for the purpose for which it is intended; (iii) to delete Restricted Content if you determine not to enter into an agreement with Chesapeake; and (iv) to use at least the same effort you use to protect your own confidential information (but not less than reasonable care), to prevent the unauthorized disclosure of such Restricted Content. These obligations are in addition to any Non Disclosure Agreement ("NDA") you may have signed with Chesapeake and, in the event of a conflict, any written NDA shall control.
D. Limitation on Damages:
CHESAPEAKE AND ITS AFFILIATES, LICENSORS AND CONTENT AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF PROFITS, DOWN TIME OR FAILURE TO REALIZE SAVINGS), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY CLAIM BY YOU OR ANY USER, THE MAXIMUM LIABILITY OF CHESAPEAKE FOR ACTUAL DAMAGES SHALL BE THE TOTAL AMOUNT OF FEES OR PAYMENTS MADE BY THE USER (IF ANY) MAKING SUCH CLAIM.
Links on the Site are provided for your convenience and Chesapeake does not necessarily endorse or support them. Please direct your concerns regarding any external link to the appropriate website administrator or webmaster.
F. Chesapeake Intellectual Property Rights:
The graphics, images, content, compilation, magnetic translation, digital conversion, databases, demos and all information provided on the Site and other matters related to the Site are protected by applicable copyright, trademark, trade secret and other laws protecting the proprietary rights of Chesapeake and its licensors. Your right to access the Site and to make use of the Site constitutes a license only, and all content on the Site and copies of such content remain in the sole possession and ownership of Chesapeake and its licensors. Except as may be reasonably required to for you to make use of the Site for the purposes intended, you are not permitted to copy, redistribute, use or publish any of the content or any part of the Site. Chesapeake System Solutions™ and the symbols and logos used to identify Chesapeake are trademarks of Chesapeake. Chesapeake makes use of its suppliers' trademarks, service marks, trade names or other identifying information ("Third Party Trademarks"), and those Third Party Trademarks remain the sole and exclusive property of the applicable third parties.
G. Governing Law:
This Agreement shall be governed by the laws of the State of Maryland without regard to conflict of law provisions.
Chesapeake may amend this Agreement at any time by posting the amended terms on the Site. The amended terms will take effect and become part of this Agreement immediately upon posting.
I. DISCLAIMER OF IMPLIED WARRANTIES.
ALL INFORMATION AND CONTENT ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CHESAPEAKE DOES NOT MAKE ANY (AND HEREBY DISCLAIMS ALL) EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS TO THE USER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.