TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
Effective March 2016
IMPORTANT – CORNERSTONE MANAGEMENT SYSTEMS ("CORNERSTONE") OWNS AND OPERATES THE WWW.CORNERSTONE-NY.COM WEB SITE (“PAGE”) TO WHICH THIS AGREEMENT IS LINKED. THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "user," or with "your") AND CORNERSTONE. THEREFORE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE (referenced herein as the "TOU"). CORNERSTONE IS WILLING TO PERMIT YOU TO USE THE PAGE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS PAGE AND ITS SERVICES AND MATERIALS AND ARE HEREBY INSTRUCTED TO EXIT THE PAGE IMMEDIATELY.
TERMS AND CONDITIONS
USER OBLIGATIONS. By submitting information requested on this Page you hereby represent that you are of the legal age to execute and abide by a legally enforceable contract under the laws of the state and/or country in which you reside and that the information you provide is true, accurate, current, and complete. If you provide any false, inaccurate, untrue, or incomplete information,
CORNERSTONE reserves the right in its sole discretion immediately and without notice to terminate your access to and use of this Page and to refuse to fulfill any premium offer associated with this Page. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Page.
PRIVACY POLICY. You hereby understand, acknowledge, and agree that the operation of certain portions of the Page and/or the receipt of certain information or benefits will require the submission, use, and dissemination of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Page, and/or receive such information or benefits, you hereby acknowledge and agree that your use of this Page will constitute acceptance of CORNERSTONE's personally identifiable information collection and use practices. Please see CORNERSTONE's Privacy Policy for a summary of CORNERSTONE's personally identifiable information collection and use practices.
PROPRIETARY RIGHTS. All text, graphics, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content on or through the Page and other content on the Page are owned by CORNERSTONE and are protected by the copyright and intellectual property laws and may be covered by other restrictions as well. The Page is Copyright © 2016 CORNERSTONE MANAGEMENT SYSTEMS. All rights reserved. CORNERSTONE also owns a copyright in the contents of the Page as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Page. CORNERSTONE and all other names, logos, and icons identifying CORNERSTONE and its products or services are owned by CORNERSTONE, and any use of such marks without the prior express written permission of CORNERSTONE is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. The copying of any protected materials on this site without written permission is expressly prohibited. Permission from CORNERSTONE for such use is granted on a case by case basis at the sole discretion of CORNERSTONE. For use of copyrights and other proprietary rights that may subsist in third-parties other than and in addition to CORNERSTONE, those third-parties must also be contacted directly for permission to copy and use their protected materials.
ENFORCING SECURITY ON THE PAGE. Actual or attempted unauthorized use of the Page may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. In order to protect the Page, its business, its good will, or the rights of users of this Page, CORNERSTONE reserves the right to view, monitor, and record activity on the Page without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Page is subject to review by law enforcement organizations in the sole and absolute discretion of CORNERSTONE. CORNERSTONE will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, CORNERSTONE reserves the right, at any time and without advance notice, to modify, suspend, terminate, or temporarily interrupt operation of or access to the Page or any portion thereof.
DISCLAIMER. THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE PAGE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. CORNERSTONE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE PAGE. MOREOVER, CORNERSTONE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES AND MATERIALS AVAILABLE ON THE PAGE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE PAGE. IN NO EVENT SHALL CORNERSTONE BE LIABLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION ON THE PAGE. USERS ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE COPYRIGHT AND INTELLECTUAL PROPERTY LAWS WITH RESPECT TO USE OF ANY AND ALL INFORMATION GAINED FROM THE PAGE OR LINKS AVAILABLE ON OR THROUGH THE PAGE.
LIMITATION OF LIABILITY. CORNERSTONE shall not be responsible for any damage or loss resulting from a cause beyond CORNERSTONE's reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL CORNERSTONE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PAGE OR WITH THE DELAY OR INABILITY TO USE THE PAGE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE PAGE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CORNERSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY ONLY APPLY TO THE MAXIMUM EXTENT OF THE LAW.
GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York without regard to its principles of conflicts of laws. Any action by you relating to this TOU, or to CORNERSTONE's services, materials, events and/or products accessed or purchased through this Page, shall be brought only in the federal or state courts presiding in New York County, in the State of New York, U.S.A., and all parties to this TOU expressly agree to be subject to the exclusive jurisdiction of such courts. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or CORNERSTONE's services, materials, events and/or products accessed or purchased through this Page, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You access the Page solely on your own volition and are responsible for compliance with all applicable local laws.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by CORNERSTONE of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by CORNERSTONE in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
MISCELLANEOUS. This TOU, and CORNERSTONE's privacy policy, represent the entire agreement between you and CORNERSTONE with respect to use of the Page, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and CORNERSTONE with respect to use of this Page. Be advised that CORNERSTONE reserves the sole and absolute right to change the terms and conditions of this TOU by attaching a revised TOU to the Page or mailing and/or e-mailing notice thereof to you. In addition, CORNERSTONE may add, modify, or delete any aspect, program, or feature of this Page.
JURY WAIVER: ANY USER HEREBY DOES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY USER OR CORNERSTONE AGAINST THE OTHER (EXCEPT FOR PERSONAL INJURY OR PROPERTY DAMAGE) ON ANY MATTERS WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS TOU OR THE PAGE.
LINKS: The Page may provide links to sites of government agencies and other organizations maintained by third-parties. A link does not constitute an endorsement, express or implied, of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website. Links to third-party websites are provided as a convenience to the User; CORNERSTONE does not control, endorse or recommend their content. Once you link to another website from the Page, including one maintained by CORNERSTONE, you are subject to the terms and conditions of that website. The third-party websites and users of those sites are solely responsible for compliance with the copyright and intellectual property laws and the compilation and use of any and all information on the third-party website. CORNERSTONE does not assure the accuracy of any information provided by a third-party that is available on the Page. CORNERSTONE has no responsibility relating to any transactions undertaken or contractual relationships entered into between third-parties through or as a result of links to third-party websites or representations made on or through the Page. Linking by third-party websites to the Page is strictly prohibited without express written consent.
PRIVACY POLICY
Effective March 2016 CORNERSTONE MANAGEMENT SYSTEMS (hereinafter referred to as "we", "our", or "us") provides this privacy policy to inform you of how we may collect, use, and share data collected through landing page/response form (the "Page"), to which this policy is linked and applies.
INFORMATION COLLECTION. You may provide us with personal information when you enter and submit personal information requested on the Page, or otherwise voluntarily provide personal information to us or other information is automatically collected. Personal information may include your name, email address, telephone number, or physical address. We may also collect certain types of non-personal information from visitors to the Page. This information includes, but is not limited to, individual landing pages and response forms visited, the time and date of a visit, and browser type. The collection of this information may be done via cookies or other technology. We may also receive information about you from third-parties and combine that information with what you have provided us. This information will be used for the purposes of operating and furthering the goals of CORNERSTONE. Automatically collected information includes, but is not limited to, device information (such as hardware model, operating system information, mobile network information), log information (such as internet protocol addresses and the URL of a referring page), location information, cookies and anonymous identifiers. None of the foregoing is deemed to constitute personal information and may be used for, among other things, statistical analysis and to improve the experience of users of the Page or sold or otherwise disclosed to third-parties for commercial marketing purposes. By accessing the Page to obtain information about CORNERSTONE you acknowledge and consent to the abovementioned collection and use of such information by CORNERSTONE. The voluntary disclosure of personal information to CORNERSTONE by a user through the Page, whether solicited or unsolicited, shall constitute acknowledgement of and consent to the collection and disclosure of the information by CORNERSTONE in furtherance of the operation of CORNERSTONE. Disclosures of personal information made in furtherance of CORNERSTONE may be made to, among others, CORNERSTONE agents, affiliates and other third-parties, including disclosures to third-parties for commercial purposes.
INFORMATION USE. CORNERSTONE may use personal and non-personal information for purposes including:
· contacting you about the Page;
· responding to your inquires and requests;
· for marketing and advertising purposes;
· helping us maintain and operate the Page, as well as improve and enhance the Page;
· monitoring the Page for compliance and fraud;
· providing offers and advertising to you from us, our affiliates, subsidiaries, or other third parties that we believe may be of interest to you;
· comply with legal process or as otherwise required by law;
· sending promotional material on behalf of our partners; or
· for other purposes described at the time of collection.
INFORMATION SHARING. We may share personal and non-personal information ("Information") for various purposes including with service providers that perform tasks on our behalf, our partners and other parties for marketing purposes. Our partners and other parties may use personal information to contact you by phone, email, or by other means to market their products and services to you. The Page may also share Information as part of a corporate sale, merger, or acquisition, or as part of a bankruptcy proceeding. Information may also be disclosed pursuant to a subpoena, court order, other legal process, or to protect our rights, or the rights of third parties.
THIRD-PARTY LINKS. The Page may contain links to websites or operated by third parties. We do not control the privacy practices of those third parties, and those websites are not covered by this privacy policy. We encourage you to review the privacy policies of the websites you visit to learn about their data practices.
SECURITY. We take reasonable steps to help secure personal information.
YOUR CALIFORNIA PRIVACY RIGHTS. For California Residents Only: As described in this privacy policy, we may make your personal information available to third parties for their marketing purposes. If you do not want us to share your personal information with third parties, you may opt-out of this information sharing by emailing us at info@cornerstone-ny.com
CHILDREN'S INFORMATION. The Page is not intended for the use of minors under the age of 13. We do not knowingly or intentionally collect information from minors under the age of 13.
UPDATING PERSONAL INFORMATION. You may update or remove the personal information you have provided to us. Contact us at info@cornerstone-ny.com
PRIVACY POLICY CHANGES. We may change our privacy policy from time to time. You should visit this page to learn about changes to this policy.
INQUIRIES. If you have any questions regarding this privacy policy, please contact us at info@cornerstone-ny.com
PRIVACY POLICY DISCLAIMER: The information provided in this privacy policy should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided through the Page.
ACCEPTANCE: Upon access or use of the Page, you acknowledge your acceptance to the above stated Terms of Service and agree to be bound by them. If one or more of the provisions of the TOU or Privacy Policy are for any reason declared unenforceable by a court of competent jurisdiction under the laws or regulations in force, those provision(s) will not have any effect on the validity of the remainder of the Terms of the TOU and/or the Privacy Policy, which shall then be construed as if such unenforceable provision was never contained in the Terms of the TOU and/or the Privacy Policy.