1. Use of Site.
2. Intellectual Property.
You acknowledge that, other than original government works and other public domain materials, this Site contains information, graphics and other material (collectively, "Content") that are protected by copyrights, trademarks, or other proprietary rights. You may not modify, publish, copy, transmit, distribute, publicly display, create derivative works based upon, or in any way exploit, the Content, in whole or in part. You may, however, download Content from this Site for your personal use only, provided you keep intact all copyright and other proprietary notices. "Personal use" in the foregoing sentence means for your own needs or to enable you to provide assistance to family members and personal friends. In the event you download Content from the Site, such Content is licensed to you by CMINC and CMINC does not transfer any title to any such Content to you. Under no circumstances may you download Content beyond the scope of the foregoing license (e.g., wholesale downloading) or use any Content to the competitive disadvantage of CMINC, as determined by CMINC in its sole discretion. "Campusmenus" and the Campusmenus logo are trade names and trademarks of CMINC and may not be downloaded, copied, or otherwise exploited without the permission of CMINC. Other product and business names mentioned on this Site may be the trademarks of their respective owners. Except as set forth herein, reproduction, redistribution or retransmission of any information in this Site without the prior written, express permission of CMINC is strictly prohibited.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES PROVIDED THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. CMINC'S SERVICES AND THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE. SPECIFICALLY, CMINC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT SELECTION OR OMISSION OF INFORMATION, PRODUCTS OR SERVICES; (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) ANY WARRANTIES OF NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CMINC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER CMINC NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO GAIN ACCESS TO OR USE THIS SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
YOU HEREBY AGREE TO RELEASE CMINC, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
5. Infringement Policy.
CMINC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c) as amended by Title II of the Digital Millennium Copyright Act (the "Act"), CMINC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to CMINC in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: