Our General Terms and Conditions_

The following terms and conditions govern your use of this Website (the “Site”). By accessing, viewing, or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.

 

1. Proprietary Rights

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, CPASS Foundation is the owner of the copyright in the entire content (including images, text, and look and feel attributes) of this Site and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. CPASS Foundation also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of CPASS Foundation. Except as indicated, CPASS Foundation owns all trademarks, service marks, or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that CPASS Foundation actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

2. Communications With Our Web Site

CPASS Foundation welcomes your feedback and suggestions about how to improve our services and this Site. By transmitting any suggestions, information, material, or other content (collectively, “Content”) to CPASS Foundation, you automatically grant CPASS Foundation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, CPASS Foundation is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing services using such information. CPASS Foundation is not responsible and shall not be liable for the contents of Content posted to the Site by visitors or persons other than CPASS Foundation employees. Opinions or comments contained in Content reflect the views of the author and not of CPASS Foundation, unless CPASS Foundation expressly states to the contrary.

 

3. No Legal Advice

Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between CPASS Foundation and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.

 

4. Privacy Statement

CPASS Foundation has a Privacy Statement [LINK] disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used.

 

5. Disclaimer of Warranty and Liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER CPASS FOUNDATION NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CPASS FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CPASS FOUNDATION TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE.

 

6. Corrections and Changes

The site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that the Site may be interrupted, suspended and terminated from time to time. While we endeavor to keep the materials on the Site up to date, CPASS Foundation cannot assume responsibility for any errors or omissions in these materials. CPASS Foundation further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. CPASS Foundation may make changes to these materials, or to the services described herein, at any time without notice, and makes no commitment to update the information contained herein. CPASS Foundation reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

 

7. Indemnification

You agree to defend, indemnify, and hold harmless CPASS Foundation, its affiliates, and all directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

 

8. Links to Other Web Sites

This Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which CPASS Foundation exercises no control, and CPASS Foundation expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. CPASS Foundation does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Site.

 

9. Use of Third Party Services

CPASS Foundation does not control or manage the privacy practices of third parties, and you are subject to the privacy practices of those third parties when you use their services.

This Site uses ShareThis, a sharing widget provided by ShareThis, Inc., which allows users to share content on this Site through social media. Information collected by ShareThis is subject to the ShareThis Privacy Policy. You may opt out of being tracked by ShareThis at http://sharethis.com/privacy.

This Site also uses the Google Analytics to collect data on the use of this Site and help us better understand our visitors’ usage. To access the Google Analytics privacy policy and/or opt out of being tracked by Google Analytics, please visit http://tools.google.com/dlpage/gaoptout.

 

10. User Generated Content

CPASS Foundation encourages you to submit feedback regarding CPASS Foundation, this Site or this Service, as well as your reviews, comments, posts, photos, videos, audio, and other content that you submit through or to the Service (“User Generated Content”), as long as the User Generated Content is appropriate for a family audience and otherwise complies with these Terms of Use, other CPASS Foundation guidelines or policies, and guidelines or policies specific to the activity or forum, as applicable. By posting or submitting your User Generated Content to our Service, you expressly agree NOT to submit User Generated Content which: (i) is harmful, inaccurate, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy or other rights, hateful, or otherwise objectionable; (ii) violates any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights, or any other proprietary rights; and/or (iii) contains malware, commercial solicitations, political campaigning, mass mailings, or “spam” of any kind.

 

You acknowledge and agree that CPASS Foundation has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Generated Content; (b) remove or refuse to post any User Generated Content; and/or (c) disclose User Generated Content to any third party, and the circumstances surrounding submission. You alone, and not CPASS Foundation, are responsible for ensuring you have the rights to grant the license described in these Terms of Use and for CPASS Foundation to post the User Generated Content, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and/or other creative works within the User Generated Content. When you post or submit User Generated Content, you grant to CPASS Foundation a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell, and distribute such User Generated Content and to incorporate the User Generated Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you.

 

Accordingly, do not send, post or submit any User Generated Content that you do not wish to license to CPASS Foundation, including any confidential information or any original creative materials, such as product ideas or original artwork. To the extent you submit your photo, name, username, nickname, or other personal identifier along with your User Generated Content, you represent it is an accurate representation and you grant to CPASS Foundation the right (but not the obligation) to use such identifier, or portion thereof, with such User Generated Content. You agree to indemnify CPASS Foundation for any claims arising out of your breach of the Terms of Use or in connection with your User Generated Content. As a visitor to our Service, please be advised that CPASS Foundation does not endorse or take responsibility for the opinions, advice, information, or statements made by third-party visitors to our Service, whether through User Generated Content or otherwise.

 

11. Digital Millennium Copyright Act (“DMCA”) Notice

CPASS Foundation is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.

 

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. CPASS Foundation does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. CPASS Foundation may contact the notice provider to request additional information. CPASS Foundation reserves the right to disregard a notice that is not in compliance with the DMCA. Under the DMCA, CPASS Foundation is required to take reasonable steps to notify the user who posted the allegedly infringing content. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address below. If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees.

 

To be effective, your Notification of Claimed Infringement must be in writing, sent to our designated agent listed below and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located, to permit us to locate the material;

4. Your contact information, including your name, address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

 

12. Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither CPASS Foundation nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

13. Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Chicago, Illinois, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by CPASS Foundation from its offices within the United States. CPASS Foundation makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

These Terms and Conditions constitute the entire agreement between you and BCBSA with respect to your use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, BCBSA has relied on your agreement to be legally bound by these Terms and Conditions.

 

 

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