Terms of Use Agreement (the "Agreement")
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.
A. Registration.
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.
C. Confidentiality.
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.
E. Links:
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.
H. Amendment.
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.