2. Restrictions on Use— No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or posting of Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in these Terms is strictly prohibited. You shall not, without Cazena’s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Cazena in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, (f) use the Site, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Cazena, the Owner, or any third party referenced therein, (g) use the Materials, and/or any services and products on the Site or accessible via the Site for unlawful purposes only; or (h) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.
3. Intellectual Property Ownership—All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Materials”) are owned by Cazena and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Cazena and you, all right, title and interest in and to the Materials will at all times remain with Cazena and/or its Owners. The words “Cazena” and the “Cazena” logos, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Cazena. Cazena reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Cazena’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Cazena may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP address, at any time without prior notice.
4. Applicable Law
These Terms will be governed by the laws of the Commonwealth of Massachusetts. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CAZENA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
8. Digital Millennium Copyright Act— Cazena respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Site is dmca@Cazena.com.
9. Disclaimers—Without limiting the foregoing, the Materials and the Site, is provided “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Site and/or Materials, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Cazena hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Cazena, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Cazena does not make any warranties that the Site will be uninterrupted, secure or error free or that your use of the Site will meet your expectations, or that the Site, Materials, or any portion thereof, is correct, accurate, or reliable. Cazena reserves the right to change any part of the Site at any time without notice.
12. Notice— From time to time, Cazena may revise these Terms. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised policy. Cazena strongly recommends checking Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to these Terms as in effect.
13. Assignment—These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cazena without restriction.
14. Miscellaneous—Cazena’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Date of last revision: July 6, 2015