Legal
Trademarks
CDC ENTERPRISES, INC., QADUCT and all
associated trademark names are the property of CDC
Enterprises, Inc. and may not be used without permission.
Other registered or trademarked names are noted as such and
are property of their respective owners.
Agreement to Website Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply
to the CDC Enterprises, Inc. web sites located at
cdcenterprisesinc.com QADUCT.COM; and all associated sites linked
to said web sites by CDC Enterprises, Inc., its subsidiaries
and affiliates, including CDC Enterprises, Inc. sites around
the world (collectively, the “Site”). The Site is the
property of CDC Enterprises, Inc. (“CDC Enterprises, Inc.”)
and its licensors. BY USING THE SITE, YOU AGREE TO THESE
TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
CDC Enterprises, Inc. reserves the right, at its sole
discretion, to change, modify, add or remove portions of
these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your
continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long
as you comply with these Terms of Use, CDC Enterprises, Inc.
grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and
computer code (collectively, “Content”), including but not
limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or
to CDC Enterprises, Inc., and is protected by trade dress,
copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, Web site or
other medium for publication or distribution or for any
commercial enterprise, without CDC Enterprises, Inc.’s
express prior written consent.
You may use information on CDC Enterprises, Inc. products
and services (such as data sheets, knowledge base articles,
and similar materials) purposely made available by CDC
Enterprises, Inc. for downloading from the Site, provided
that you (1) not remove any proprietary notice language in
all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and
do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no
modifications to any such information, and (4) not make any
additional representations or warranties relating to such
documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”,
“spider” or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Site or
any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely
made available through the Site. CDC Enterprises, Inc.
reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems or
networks connected to the Site or to any CDC Enterprises,
Inc. server, or to any of the services offered on or through
the Site, by hacking, password “mining” or any other
illegitimate means.
You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any
network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of
or visitor to the Site, or any other customer of CDC
Enterprises, Inc., including any CDC Enterprises, Inc.
account not owned by you, to its source, or exploit the Site
or any service or information made available or offered by
or through the Site, in any way where the purpose is to
reveal any information, including but not limited to
personal identification or information, other than your own
information, as provided for by the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the
infrastructure of the Site or CDC Enterprises, Inc. ’s
systems or networks, or any systems or networks connected to
the Site or to CDC Enterprises, Inc..
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of
the Site or any transaction being conducted on the Site, or
with any other person’s use of the Site.
You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message
or transmittal you send to CDC Enterprises, Inc. on or
through the Site or any service offered on or through the
Site. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual
or entity.
You may not use the Site or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to
solicit the performance of any illegal activity or other
activity which infringes the rights of CDC Enterprises, Inc.
or others.
Privacy
CDC Enterprises, Inc. ’s Privacy Policy applies to use of
this Site. By using the Site, you acknowledge and agree that
Internet transmissions are never completely private or
secure. You understand that any message or information you
send to the Site may be read or intercepted by others, even
if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Links to Other Sites and to the CDC
Enterprises, Inc. Site
This Site may contain links to other independent third-party
Web sites (“Linked Sites”). These Linked Sites are provided
solely as a convenience to our visitors. Such Linked Sites
are not under CDC Enterprises, Inc. ’s control, and CDC
Enterprises, Inc. is not responsible for and does not
endorse the content of such Linked Sites, including any
information or materials contained on such Linked Sites. You
will need to make your own independent judgment regarding
your interaction with these Linked Sites.
Disclaimers
CDC Enterprises, Inc. DOES NOT PROMISE THAT THE SITE OR ANY
CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE
OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR
THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE
SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE
IS SUBJECT TO CHANGE WITHOUT NOTICE. CDC Enterprises, Inc.
CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM
THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. CDC Enterprises, Inc. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. CDC Enterprises, Inc. DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF
THE SITE AND/OR ANY CDC Enterprises, Inc. SERVICES. YOU
ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY
LINKED SITES. YOUR SOLE REMEDY AGAINST CDC Enterprises, Inc.
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP
USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
CDC Enterprises, Inc. reserves the right to do any of the
following, at any time, without notice: (1) to modify,
suspend or terminate operation of or access to the Site, or
any portion of the Site, for any reason; (2) to modify or
change the Site, or any portion of the Site, and any
applicable policies or terms; and (3) to interrupt the
operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will CDC
Enterprises, Inc. be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages,
including lost profits, even if CDC Enterprises, Inc. has
been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold CDC Enterprises, Inc., its
officers, directors, shareholders, predecessors, successors
in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or
expenses (including attorneys’ fees), made against CDC
Enterprises, Inc. by any third party due to or arising out
of or in connection with your use of the Site.
Violation of These Terms of Use
CDC Enterprises, Inc. may disclose any information we have
about you (including your identity) if we determine that
such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site,
or to identify, contact or bring legal action against
someone who may be causing injury to or interference with
(either intentionally or unintentionally) CDC Enterprises,
Inc.’s rights or property, or the rights or property of
visitors to or users of the Site, including CDC Enterprises,
Inc. ’s customers. CDC Enterprises, Inc. reserves the right
at all times to disclose any information that CDC
Enterprises, Inc. deems necessary to comply with any
applicable law, regulation, legal process or governmental
request. CDC Enterprises, Inc. also may disclose your
information when CDC Enterprises, Inc. determines that
applicable law requires or permits such disclosure,
including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that CDC Enterprises, Inc. may
preserve any transmittal or communication by you with CDC
Enterprises, Inc. through the Site or any service offered on
or through the Site, and may also disclose such data if
required to do so by law or CDC Enterprises, Inc. determines
that such preservation or disclosure is reasonably necessary
to (1) comply with legal process, (2) enforce these Terms of
Use, (3) respond to claims that any such data violates the
rights of others, or (4) protect the rights, property or
personal safety of CDC Enterprises, Inc. , its employees,
users of or visitors to the Site, and the public.
You agree that CDC Enterprises, Inc. may, in its sole
discretion and without prior notice, terminate your access
to the Site and/or block your future access to the Site if
we determine that you have violated these Terms of Use or
other agreements or guidelines which may be associated with
your use of the Site. You also agree that any violation by
you of these Terms of Use will constitute an unlawful and
unfair business practice, and will cause irreparable harm to
CDC Enterprises, Inc., for which monetary damages would be
inadequate, and you consent to CDC Enterprises, Inc.
obtaining any injunctive or equitable relief that CDC
Enterprises, Inc. deems necessary or appropriate in such
circumstances. These remedies are in addition to any other
remedies CDC Enterprises, Inc. may have at law or in equity.
You agree that CDC Enterprises, Inc. may, in its sole
discretion and without prior notice, terminate your access
to the Site, for cause, which includes (but is not limited
to) (1) requests by law enforcement or other government
agencies, (2) a request by you (self-initiated account
deletions), (3) discontinuance or material modification of
the Site or any service offered on or through the Site, or
(4) unexpected technical issues or problems.
If CDC Enterprises, Inc. does take any legal action against
you as a result of your violation of these Terms of Use, CDC
Enterprises, Inc. will be entitled to recover from you, and
you agree to pay, all reasonable attorneys’ fees and costs
of such action, in addition to any other relief granted to
CDC Enterprises, Inc.. You agree that CDC Enterprises, Inc.
will not be liable to you or to any third party for
termination of your access to the Site as a result of any
violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the
laws of the United States and by the laws of the State of
Minnesota without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and
venue in the state and federal courts in Hennepin County,
Minnesota and waive any objection to such jurisdiction or
venue. Any claim under these Terms of Use must be brought
within one (1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery may be
sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled
to costs and attorneys’ fees. In the event of any
controversy or dispute between CDC Enterprises, Inc. and you
arising out of or in connection with your use of the Site,
the parties shall attempt, promptly and in good faith, to
resolve any such dispute. If we are unable to resolve any
such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or
dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue
any right or remedy available to them under applicable law.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential. CDC Enterprises, Inc. shall be free to use
such information on an unrestricted basis.
The information contained in this web site is subject to
change without notice. Copyright © 2009 CDC Enterprises,
Inc. All rights reserved.
Email:
contactus@cdcenteprisesinc.com