1. INTRODUCTION
Welcome to the Internet website commonsensensenetworks.com (together with any materials and services available on the Site, collectively, this “Site”), which has been developed and is controlled and maintained by Common Sense Networks (“CSN”). Please note that while this Site is owned and operated by CSN, the services provided on this Site may be performed by entities affiliated with or under contract to CSN. CSN and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”.
PLEASE READ THESE GENERAL TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE. These Terms of Use apply to you if (a) you are user of the Site over the age of 18 (or, if not 18, the applicable age of majority in your jurisdiction) or (b) you are a parent or guardian entering into these Terms of Use on behalf of a child under the age of 13 who will be a user of the Site. By using this Site or by clicking a box that states that you accept or agree to these terms, you (i) signify your agreement to these Terms of Use, and (ii) affirm that you fall into either category (a) or (b), above. If you do not agree to these Terms of Use or do not fall into category (a) or (b), above, please exit the Site immediately, as you are not authorized to use the Site.
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. From time to time, these Terms of Use may be changed, expanded or amended, and may include the introduction of additional terms for certain Site features. Any changes to these Terms of Use may be made without notice and will be effective immediately upon posting on the Site, so please be sure to review them on a regular basis. The effective date appearing at the top of this page indicates when the latest changes were made to these Terms of Use.
To assist you with your review of these Terms of Use, we provide at the end of most sections a short, very high-level summary of the applicable section. These summaries are included for reference purposes only, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the summaries will not affect the meaning or interpretation of these Terms of Use, and, in all cases, the substantive terms of these Terms of Use (and not any summary) will govern and take priority over any summary.
Summary:
Welcome to our Site! We are Common Sense Networks. We know that Terms of Use can be very long, so we have tried to summarize the key concepts for you in summary boxes throughout these Terms of Use in non-legalese. Although these summaries are helpful, please be sure to read all terms carefully, because the language in each Section (aside from these summaries) is the legally binding language. These terms apply to you if you are over the age of 18 or are a parent or guardian entering into these terms on behalf of a child under the age of 13. If you fall into one of these categories, and if you use the Site, you are indicating that you agree with these terms. We may change these terms at any time and may do so simply by posting a revised version here. You can always check if we have changed the terms by looking to the date at the top of the page. If they have been modified, you will want to take time to review what has changed. You will also want to take a close look at Section 17, which requires that legal disagreements between you and us be resolved through binding arbitration, rather than in a court room before a judge and jury.
2. MATERIALS ON THE SITE AND RELATED RIGHTS AND RESTRICTIONS
The information and materials provided through the Site, including any data, text, photographs, graphics, images, music, audio and video clips, logos, icons, software and links (collectively, the “Materials”) are intended to educate and inform you. The Site is owned and operated by CSN in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of CSN and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by CSN or, if so indicated in writing by CSN, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. We may change the Site or delete Materials or features at any time, in any way, for any or no reason. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials
Although CSN strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although CSN endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Further, the Materials should not be construed as professional advice on any subject matter, and availability or use of the Materials is not intended to create, and does not create, any professional services relationship
The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of CSN, CSN’s licensors and suppliers, and others. The Trademarks owned by CSN, whether registered or unregistered, may not be used in connection with any product or service that is not CSN’s, in any manner that is likely to cause confusion with CSN or in any manner that disparages CSN. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of CSN, CSN’s licensors or suppliers, or the third party owner of any such Trademark. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of CSN, CSN’s licensors or suppliers, or the third party owner of such Trademarks. Misuse of any Trademarks is prohibited, and CSN will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Summary:
As between you and us, we own the rights to all of the images and other materials on the Site. You may use these images and other materials in accordance with these terms, but may not make any changes to them. We try to keep the Site up-to-date, but it is possible the Site may not be fully accurate or complete or that content within a The trademarks and logos on the Site belong to either us or their owners. Such trademarks and logos may not be used by you unless you receive permission to do so from the owners of such trademarks and logos.
3. USE OF MATERIALS
Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by CSN to use the Site, CSN grants to you a limited license to access and make personal use of the Site (or any portion of the Site) to which we provide you access under these Terms of Use, on any single device. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose. Use or downloading of any of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. We may make available certain Materials via the Creative Commons Attribution-Noncommercial-Sharealike License (the “Creative Commons License”) for your personal, non-commercial use, as provided in a notice at the bottom of such Materials. You are permitted to use such certain Materials in accordance with the terms of the Creative Commons License, which include, among other things, the requirement to attribute such Materials to CSN (or the applicable CSN affiliated or contracted entity identified in such notice). Although you may use our name solely to comply with the attribution requirement under the Creative Commons License, please note that you are prohibited from using our logos or other Trademarks, as set forth in Section 2, above. Any unauthorized use of the Site or any Materials automatically terminates any permission or license granted by CSN. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of CSN so long as the link does not portray CSN, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
Without limiting the generality of the foregoing, your use of the site must be only for personal, non-commercial use.
Summary:
We grant to you permission to use our Site, and materials, and link to our homepage, but just for your personal use. Please note that your use of our Site is subject to all of the other terms throughout these Terms of Use (including the Code of Conduct, below) and may also be subject to certain third-party terms. Unfortunately, if you can’t comply with these terms, you can’t use our Site, or materials, or link to our homepage (or any other page of our Site).
4. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SITE
Certain Site functionality may make available access to Third Party Materials, or allow for routing or transmission of such Third Party Materials to you via links to other World Wide Web sites and resources. Because CSN has no control over such sites, resources or Third Party Materials, you acknowledge and agree that CSN is not responsible for the availability of such external sites, resources or Third Party Materials, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including Third Party Materials. You further acknowledge and agree that CSN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services or Third Party Materials available on or through any such site or resource. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Summary:
Our Site may provide you with access to content, goods, services and other materials, including through links to other third party websites or resources. We are not responsible for these third-party websites or resources (or the content, goods, services and other materials provided by them), and we note that they may not necessarily be safe or secure.
5. CODE OF CONDUCT
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:
If you find any Materials on the Site which you believe violate or are inconsistent with this Code of Conduct, please contact the Site administrator at info@commonsensenetworks.com
Summary:
This Section describes some ground rules to protect our Site community and seeks to ensure that all users can make the most of our Site. In addition to the other rules listed above, this Code of Conduct requires that you not harass or spam other users, post inappropriate content, transmit any viruses or engage in any disruptive or illegal conduct. While we don’t want to be in a situation where we have to cut off your access to our Site, we can do so if you violate our Code of Conduct or these terms, or otherwise behave badly in using our Site. Please be considerate of the other users on our Site and let us know if you suspect someone is acting inappropriately!
6. OUR PROPRIETARY RIGHTS
We and our respective licensors and suppliers own the Site and the information and materials made available through the Site, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
Summary:
Our Site, as well as the information, content and other materials on our Site, is owned by us (and our licensors and suppliers).
7. DISCLAIMERS
THE SITE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. NEITHER CSN NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, OR ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
Summary:
Our Site, and everything provided through our Site is provided to you “as is,” and we can’t guarantee that our services will always be accurate, available or error fre
8. LIMITATION OF LIABILITY
NEITHER CSN NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF CSN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SITE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SITE, MATERIALS, THIRD PARTY MATERIALS, LINKED SITE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED $100. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Summary:
In addition to the Section above, please note that if something bad happens to you while using our Site (including any information, content or other materials on our Site and Member Services), our liability to you is limited to $100. If you don’t like something about our Site, please stop using the Site
9. TERMINATION; CHANGES OR DISCONTINUATION OF SERVICES
We reserve the right to terminate or suspend your access to and use of the Site or any portion thereof at any time and for any reason, with or without cause CSN shall have no liability for any such suspension or termination, following which your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise. In addition, we reserve the right to change the availability of Member Services and modify or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such changes.
Summary:
We may suspend or terminate your access to use our Site (or a portion of our Site) at any time and for any reason. If we choose to do so, you may not have further access to your user account or any materials associated with your account. If our Site allowed for you to download any materials, you will need to delete or destroy those materials, if we terminate your access to our Site.
10. INDEMNIFICATION
You agree to indemnify, defend and hold CSN, our affiliates, licensors, member organizations, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including without limitation attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use or (b) your use of and activities in connection with the Site.(You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Summary:
This Section is important because it may require you to defend us in certain situations, including if a lawsuit arises as a result of your use of our Site or if you violate these terms. This may include an obligation to pay for the defense and any related costs.
11. ACCESS BY MINORS
Please see our Privacy Policy for more information on this subject. In addition, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.Please note that such website is not controlled, operated or endorsed by CSN and that CSN is not responsible for such site or any of the products or services listed on such site.
Summary:
Although this Section may not be relevant to you, federal law requires us to tell you that parental controls are available to limit access by minors to harmful material. The link above provides more information
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Summary:
If you are a resident of California and have a concern about our Site, you can contact California Department of Consumer Affairs using the contact information in this Section.
13. APPLICABLE LAW AND JURISDICTIONAL ISSUES; ARBITRATION
The Site is controlled and operated by CSN from its office in San Francisco, California and is not intended to subject CSN to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we so choose. These Terms of Use are governed by and construed in accordance with the laws of the United States of America (including federal arbitration law) and the State of California, United States of America, without regard to its principles of conflicts of law or your location, and the parties hereby expressly exclude application of the United Nations Convention on the International Sale of Goods.
Summary:
Our Site is controlled and operated from San Francisco, California, and is only directed to people who live in the United States. If you access our Site from outside of the United States, it is your responsibility to comply with all local laws. Member Services are only available in the United States, and you may not purchase Member Services if you are located outside the United States. If there is a legal disagreement between us, arbitration will be used to resolve our disagreement, rather than a court room with a judge and jury. The arbitration will be subject to the laws of the United States and the State of California.
Summary:
Our Site is subject to U.S. export controls and you are responsible for complying with these controls
14. Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with CSN’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Summary:
This Section provides for a number of miscellaneous legal terms. Among other things, it specifies that these terms, including any terms and conditions incorporated into these terms, are the only agreement between us regarding our Site and how these terms are interpreted.
15. QUESTIONS
The Site is provided by Common Sense Networks. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at 650 Townsend St, Suite 435, San Francisco, 94103, or contact us at info@commonsensenetworks.com
Summary:
Please contact us with any questions or comments!
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