© CERULEAN ASSOCIATES LLC

Terms of Use

Effective Date: July 28, 2006

Welcome to the internet site of Cerulean Associates LLC, a Virginia limited liability company. Throughout the site, the terms “Cerulean” “we,” “I,” “us” and “our” refer to Cerulean Associates LLC.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your continued use of the website, tools, tips and services available from this website constitutes your agreement to these terms, conditions, policies and notices. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms means you accept those changes.

Use of Material from this Site
All materials contained on this site (including but not limited to software, files,  graphics and data) are the copyrighted property of Cerulean Associates LLC and are protected by copyright, trademark and other laws of the United States and other countries. You may download and display, or electronically copy, download and print one hard copy version of the material contained on the site for your personal, noncommercial use, provided that (i) you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services or brands, and (iv) you do not download materials into a database or other electronic information management system to avoid future downloads from any Cerulean site. When you display, copy, download or print any material on or from the site, it is provided to you by Cerulean Associates LLC under a license that is revocable. Cerulean retains full and complete title to the material and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, display on any other internet / intranet sites, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary, more complete or more timely sources of information. Any reliance on the material on or through this site is at your own risk. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to the site.

Material You Submit
You are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

By submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Trademarks and Copyrights
This site features trademarks, service marks and logos that are the property of Cerulean. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others
We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the Cerulean site.

If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Cerulean Associates LLC
ATTN: Registered Agent
P.O. Box 498
Williamsburg, Virginia 23187-0498

The notification must include ALL of the following:

  1. a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
  2. a description of the copyrighted work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site;
  4. your name, address, telephone number, email address and all other information reasonably sufficient to permit Cerulean to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Content Links
Always exercise discretion while browsing the internet and using this site. Be aware that when you are on the Cerulean website, you could be directed to other sites that are beyond our control. There are links to other sites from Cerulean pages that take you outside of our site. This includes links from content partners, affiliates or industry and professional associations. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content or merchandise of linked sites. Different terms and conditions may apply to your use of any linked sites. We make no representations concerning the content or quality of the sites linked to our site or from our site. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to or from this website. We strongly encourage you to make investigations you believe appropriate before proceeding with any online or offline transaction with any of these third parties.

Disclaimers
YOUR USE OF THE CERULEAN ASSOCIATES LLC SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CERULEAN ASSOCIATES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE OR ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CERULEAN ASSOCIATES LLC THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. CERULEAN ASSOCIATES LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER CERULEAN ASSOCIATES LLC NOR ANY THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US FROM THIS SITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend and hold harmless Cerulean Associates LLC and its officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Jurisdiction
Cerulean Associates LLC is a Virginia limited liability company, incorporated in the Commonwealth of Virginia in the United States of America, and this site is operated in the United States. The laws of the Commonwealth of Virginia govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the Commonwealth of Virginia for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the Commonwealth of Virginia and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Cerulean with respect to use of the website, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us
If you have any questions or comments about these Terms of Use or this site, please write us at:

Cerulean Associates LLC
ATTN: Registered Agent
P.O. Box 498
Williamsburg, Virginia 23187-0498  USA