Terms of Use
TERMS OF USE FOR THE SELECTIONWARETM WEB SITE
(CONSUMERS WITHOUT AUTHORIZED PASSWORDS)
Welcome! Custom Partnership Network, Inc. (“CPN”) is proud to bring you the SelectionWare.com web site. By visiting or using the SelectionWare.com web site you agree to the following Terms of Use and acknowledge that these Terms of Use constitute a binding contract between you and CPN.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT VISIT OR USE THE SELECTIONWARE.COM WEB SITE.
Introduction
CPN reserves the right to modify these Terms of Use at any time in its sole discretion and without notice of any kind. You are responsible for reviewing these Terms of Use from time to time so that you will be apprised of any changes.
General Limitations on Use
The SelectionWare.com web site is offered solely for your personal and non-commercial use and you agree not to use the SelectionWare.com web site, in whole or in part, for any commercial purpose, for any unlawful purpose, or in any way prohibited by these Terms of Use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the SelectionWare.com web site. You will not use the SelectionWare.com web site in any manner that could damage, disable, overburden, or impair the SelectionWare.com web site or interfere with any other party's use and enjoyment of the SelectionWare.com web site.
You agree that you will not impersonate, or misrepresent your affiliation with, any person or entity and that you will promptly provide true, accurate and complete user information to CPN if requested. You agree that you will not access or attempt to access password protected, secure or non-public areas of the SelectionWare.com web site, except for those areas for which you are authorized access by issuance of a password by CPN or its authorized designee. You are responsible for use of the SelectionWare.com web site by persons to whom you have intentionally or negligently allowed to access your password. If you attempt to access prohibited areas of the SelectionWare.com web site, you may be subject to prosecution. You agree not to create links from any web site or web page to any page within the SelectionWare.com web site without the prior express written permission of CPN, which permission may be granted or denied in CPN’s sole discretion and, if granted, may be subject to certain additional terms and conditions. Please contact Info@SelectionWare.com, 7425 E. 86th St., Indianapolis, IN 46256 to request permission to link to the SelectionWare.com web site.
CPN may terminate your access to and use of the SelectionWare.com web site, or any part thereof, with or without notice in its sole discretion and at any time. If CPN determines or suspects that you are using or attempting to use the SelectionWare.com web site for any inappropriate, illegal, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, CPN may initiate appropriate legal actions without prior notice to you, including but not limited to actions seeking lost revenue, repairs, legal fees, costs and expenses, injunctions or other equitable remedies.
Content Provided to You
The SelectionWare.com web site contains information and materials originated by CPN (the “CPN Content"). CPN presents and makes the CPN Content available as a public service. CPN does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of the CPN Content. You are responsible for confirming the sufficiency and reliability of any CPN Content you may use or rely upon.
For your convenience, the SelectionWare.com web site contains information and materials from third parties and links to third party web sites ("Third Party Content"). Third Party Content is not under the control of CPN and CPN is not responsible for Third Party Content or any changes or updates to Third Party Content. CPN provides Third Party Content to you only as a convenience and the inclusion of Third Party Content does not imply endorsement by CPN of the Third Party Content or of the third party. You may be subject to additional or different terms, conditions, and privacy policies when you use Third Party Content.
The SelectionWare.com web site includes listings of service professionals such as home builders and contractors. CPN does not guarantee that there are service professionals in your area that are capable of or willing to complete your service needs. CPN allows service professionals to post profiles about themselves and their business on the SelectionWare.com web site. CPN does not review or verify the information or representations in those profiles. CPN makes no guarantees or representations regarding the skills or quality of work of such service professionals. CPN does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and CPN does not guarantee or warrant the performance of such service professionals. The service professionals are not employees or agents of CPN and CPN is not an agent of the service professionals. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE CPN AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE SELECTIONWARE.COM WEB SITE ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, MATERIALS AND SERVICES ON THE SELECTIONWARE.COM WEB SITE (INCLUDING WITHOUT LIMITATION CPN CONTENT, THIRD PARTY CONTENT, AND PUBLIC CONTENT) IS AT YOUR SOLE RISK. SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CPN MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION, MATERIALS OR SERVICES. CPN 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. Without limiting foregoing, CPN specifically disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, materials or services on the SelectionWare.com web site; (b) any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any communications, information or materials; and (c) any responsibility for any harm resulting from downloading or accessing any communication, information or materials on the SelectionWare.com web site or on the Internet through the SelectionWare.com web site.
Limitation of Liability
IN NO EVENT SHALL CPN, ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF DATA OR FOR LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION, MATERIALS OR SERVICES PROVIDED ON THE SELECTIONWARE.COM WEB SITE OR ACCESSED THROUGH THE SELECTIONWARE.COM WEB SITE, THE USE OR PERFORMANCE OF THE SELECTIONWARE.COM WEB SITE OR THE DELAY OR INABILITY TO USE THE SELECTIONWARE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CPN OR ANY OF ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, EXPENSE OR DAMAGE AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SELECTIONWARE.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SELECTIONWARE.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SELECTIONWARE.COM WEB SITE. Without limiting the foregoing, under no circumstances shall CPN or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Content Provided By You
CPN may require that you provide specific information about yourself in order for you to participate in certain services available on the SelectionWare.com web site and may solicit your opinion about the SelectionWare.com web site or other matters (the "Solicited Information"). CPN is committed to maintaining the privacy and security of Solicited Information as provided in the CPN Privacy Policy:
The SelectionWare.com web site includes an area where you can request that a service professional contact you. You acknowledge that CPN is acting as a passive conduit for the transmission to such service professionals of information that you submit through the SelectionWare.com web site and you hereby grant CPN permission to disclose any or all of the information that you provide to CPN to such service professionals and you expressly consent to being contacted by CPN and by such service professionals via phone, fax, e-mail, or mail at any of your contact numbers or addresses even if you are listed on any federal, state, provincial or other "Do Not Call" list. You agree that you will not request that a service professional contact you unless you intend, in good faith, to contract for services provided by the service professional.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CPN AND ITS LICENSORS AND SUPPLIERS, AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES INCURRED TO DEFEND SUCH CLAIMS OR DEMANDS) (A) DUE TO OR ARISING OUT OF ANY INFORMATION OR MATERIALS SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU (INCLUDING WITHOUT LIMITATION SOLICITED INFORMATION) TO THE SELECTIONWARE.COM WEB SITE, CPN OR ITS LICENSORS OR SUPPLIERS OR (B) DUE TO OR ARISING FROM YOUR USE OF THE SELECTIONWARE.COM WEB SITE OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
Miscellaneous
These Terms of Use will be governed by and construed in accordance with the laws of the State of Indiana, U.S.A., without giving effect to its conflict of laws provisions or your actual state or country of residence. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts of Marion County, Indiana in all disputes arising out of or relating to the use of the SelectionWare.com web site or these Terms of Use. Use of the SelectionWare.com web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SelectionWare.com web site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPN as a result of these Terms of Use or your use of the SelectionWare.com web site. CPN’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of CPN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SelectionWare.com web site or information provided to or gathered by CPN with respect to such use. If any part of these Terms of Use 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 of Use shall continue in effect.
Except as may be otherwise provided in another agreement between you and CPN, these Terms of Use constitute the entire agreement between you and CPN with respect to the SelectionWare.com web site and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CPN or its licensors or suppliers with respect to the SelectionWare.com web site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use. These Terms of Use will inure to the benefit of CPN’s successors, assigns and licensees. The failure of CPN to exercise or enforce any right or provision of these Terms or Use does not constitute a waiver of such right or provision. Headings are included for convenience only and have no legal or contractual effect.
All information, materials and services provided on the SelectionWare.com web site and the organization and layout of the SelectionWare.com web site are owned and copyrighted or licensed by CPN or its licensors or suppliers. No reproduction, distribution, or transmission of copyrighted materials on the SelectionWare.com web site is permitted without the written permission of CPN. Any rights not expressly granted herein are reserved.
SelectionWare , the SelectionWare logo, Custom Partnership Network and the Custom Partnership Network logo are trademarks of Custom Partnership Network, Inc. Other trademarks referenced on the SelectionWare.com web site are owned by their respective third party owners.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Info@SelectionWare.com, 7425 E. 86th St., Indianapolis, IN 46256.