The portion of the Web Site available to the general public provides general information about Duke CE, the services it provides, lists of clients, partners, biographies, recent news, office locations and other general information. Certain portions of the Web Site are not available to the general public and may only be accessed upon registration and obtaining a password. The Web Site and, specifically, the privately accessed areas, may contain educational content, text, images, illustrations, audio clips, video clips, button icons, software, web based seminars, and other data and may also allow for blogs, chat rooms, bulletin boards, posts, messages and other interactive features (collectively, all the foregoing, the “Content”).
2. USER NAMES AND PASSWORDS
A User Name and Password (collectively, “Authentication Information”) are required to access certain areas of the Web Site. The Authentication Information are intended for your sole use. You agree: (a) not to disclose such Authentication Information to any third party, (b) to take reasonable care to protect such Authentication Information from inadvertent disclosure to third parties, and (c) to immediately notify Duke CE of any loss or unauthorized use of such Authentication Information.
In the event that you send any information to Duke CE or to the Web Site (whether in the form of a blog, chat room, bulletin board post, message or by other means) you (a) represent and warrant that such information is not confidential or proprietary to you or to any other person or company (unless you and Duke CE or one of its affiliates are parties to a separate agreement governing the confidentiality of such information), and (b) grant Duke CE and each of its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, sub-licenseable, transferable, unrestricted, worldwide license to: use, copy, publish, transmit, perform and display such submitted information for any purpose; create derivative works from such information; implement and use the information, any suggestions, concepts or ideas contained therein without compensation to you; and otherwise exercise any rights that you have in such information, in any media now known or later developed. You acknowledge and agree that if you post information to a chat room, forum, or other similar portion of the Web Site, such information, including your email address, may be made available to other users of the Web Site. Duke CE reserves the right to remove or delete any information posted by you to the Web Site at any time for any reason.
Furthermore, unless you and Duke CE are parties to a separate agreement governing the confidentiality of such information submitted, you agree that Duke CE is not responsible for the confidentiality of the information that you submit to Duke CE. You agree not to upload, transmit, distribute or otherwise publish on the Web Site (whether in the form of a blog, chat room, bulletin board post, message or by other means) any information that is:
1. libelous, defamatory, obscene, abusive, pornographic, harassing, threatening, or an invasion of privacy;
2. an infringement of the intellectual property rights, including, but not limited to, trade secrets, copyrights, and trademarks, of any person or entity;
3. a commercial advertisement or solicitation;
4. known by you to be false, inaccurate or misleading; or
5. illegal in any way or which advocates illegal activity.
As a convenience to you, the Web Site may provide links to third party web sites. Duke CE is not endorsing or sponsoring such third parties or their web sites. You agree that Duke CE is not responsible for the availability of or content on any web sites operated by such third parties that may be accessible through the Web Site or through any other web site operated by Duke CE.
5. RELIANCE ON THE INFORMATION; MODIFICATION & TERMINATION
6. LICENSE TO USE CONTENT
All rights, title and interests in Content available on the Web Site are owned or licensed by Duke CE and are protected by copyrights, trademark rights or other intellectual property or proprietary rights in the United States, and in countries outside of the United States by operation of applicable international law.
You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any Content from the Web Site without the prior written permission of Duke CE. However, you may download or make one (1) copy of Content posted and/or displayed on this Web Site, and other downloadable items displayed on this Web Site, for your personal use only, provided that all copyright and other notices contained in the Content are left intact. Use of any Content available on this Web Site on any other web site or other networked computer environment is prohibited without prior written permission from Duke CE. You agree not to (a) use any robot, spider, or other automatic device to monitor or copy portions of the Web Site or Content contained therein without Duke CE’s prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site; (c) download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site for the purpose of sale, resale or making other commercial use thereof; (d) display this Web Site or any portion thereof on any web site not operated by Duke CE without Duke CE’s prior written permission; (e) use Duke CE’s name or any of Duke CE’s trademarks or URLs, as metatags or otherwise; or (f) use the Web Site for the purpose of sending unsolicited commercial email messages or harvesting or collecting email messages from the Web Site for such purpose.
7. WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT USE OF THE WEB SITE AND THE CONTENT IS AT YOUR SOLE RISK. DUKE CE MAKES NO WARRANTY WHATSOEVER ABOUT THE CONTENT, WEB SITE, ITS OPERATION OR AVAILABILITY, THE ACCURACY OF THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR THE SECURITY OF THE WEB SITE. MOREOVER, DUKE CE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE CONTENT AND THE WEB SITE. DUKE CE MAKES NO WARRANTY THAT (A) THE CONTENT OR WEB SITE WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR WEB SITE WILL BE ACCURATE OR RELIABLE.
8. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DUKE CE NOR ANY OF ITS AFFILIATED COMPANIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE WEB SITE OR FROM THE ACCURACY OR INACCURACY OF ANY CONTENT OR INFORMATION AVAILABLE USING THE WEB SITE. IN NO EVENT SHALL DUKE CE’S LIABILITY EXCEED THE AMOUNT OF FEES DUKE CE RECEIVED FROM YOU TO ACCESS THE WEB SITE AND CONTENT.
11. GOVERNING LAW/ARBITRATION