Auditing & Professional Consulting Services
Welcome to our Web Site. By using our Web Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Web Site. The term “Web Site” or “us” or “we” or “our” refers to Cable Audit Associates, Inc., (“CAA”) the owner of the Web Site. The term “you” refers to the Web Site user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Web Site (the "Web Site"). This Agreement constitutes the entire and only agreement between us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web Site, the content or services provided by or through the Web Site, and the subject matter of this Agreement.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Web Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Web Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Site. The posting of information or materials on the Web Site does not constitute a waiver of any right in such information and materials. Some of the content on the Web Site is the copyrighted work of third parties.
3. Service Marks.
"Cable Audit Associates, Inc.” or “CAA” is our service mark or registered service mark or trademark. Other product and company names mentioned on the Web Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Web Site strictly in accordance with this Agreement; (b) to use the Web Site solely for internal and commercial purposes (not for resale), including the creation of compilations or derivative works of any content and materials; and (c) to print out discrete information from the Web Site solely for internal and commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Web Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances, without the express written consent of CAA.
5. User Codes.
We will create and assign to you a unique customer profile and password (hereinafter “User Codes”) which will enable you to access the Web Site services. You agree that the User Codes are for your use only; that you are responsible for their confidentiality; and that you shall not provide them to any third party without our express written permission.
6. Use of Web Site.
You shall be responsible for all statements made and all acts or omissions that occur while your User Codes are being used for the purpose of accessing the Web Site.
7. Restrictions and Prohibitions on Use.
Your license for access and use of the Web Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any Content and Materials retrieved there from; (b) use the Web Site or any materials obtained from the Web Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) use any Content and Materials from the Web Site in any manner that may infringe upon any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (e) make any portion of the Web Site available to persons other than those authorized pursuant to Section 4, through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the Web Site architecture; (g) use any automatic or manual process to harvest information from the Web Site; (h) use the Web Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (i) use the Web Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (j) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws or regulations of the United States.
8. Forms, Agreements & Documents
We may make available through the Web Site certain forms and business documents (collectively, “Forms”). All Forms are provided on a non-exclusive license basis only for your personal use, without any right to re-license, sublicense, distribute, assign or transfer such license. Forms are provided for a fee and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions.
9. Registration.
Certain sections of, or offerings from, the Web Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your full legal name and accurate information. Each registration is for your use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes.
We do not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Web Site at any time. We reserve the right in our sole discretion to edit or delete any Forms appearing on the Web Site, but will not edit or delete data without providing you 60 days’ notice of our intention to do so.
11. Third Party Content.
Third party content may appear on the Web Site or may be accessible via links from the Web Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Web Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
13. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Web Site.
14. Nontransferable.
Your right to use the Web Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
15. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE WEB SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEB SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEB SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Web Site or any features thereof, (c) your use of the Web Site, (d) the content contained on the Web Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEB SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and you authorize us, to the use of all information regarding Web Site uses by you and all information provided by you in any manner consistent with and subject to our Privacy Policy and its confidentiality requirements. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. This Section does not apply to data submitted by authorized users of the Web Site. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
18. Third-Party Services.
We will allow access to third-party Multiple Service Operators ("MSOs"). You understand that we do not operate or control the services offered by the MSOs. MSOs are responsible for all aspects of processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and MSOs. You agree that transactions with MSOs are AT YOUR SOLE RISK AND ARE WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MSOs OR FOR ANY INFORMATION APPEARING ON MSO WEB SITES OR ANY OTHER WEB SITE LINKED TO OUR WEB SITE.
19. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.
20. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Web Site;
(d) Your address, telephone number, and email address;
(e) 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
(f) 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 the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Web Site can be reached by directing an e-mail to the Copyright Agent at administrator@cableaudit.com
21. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and the Content and Materials provided therein.
22. Warranties and Limitations on Liability.
The accuracy, completeness, sequence or timeliness of the Forms, or any information available through the Forms, cannot be guaranteed. Neither we nor our affiliates, agents or licensors shall have any responsibility for direct, indirect, consequential, special or other damages you may incur from any reliance by you on any such information or for the reliability, accuracy, completeness, sequence or timeliness thereof, or for any delays or errors in the transmission or delivery of any part of such information. Except as expressly set forth in this Agreement, we, our affiliates, agents and licensors hereby expressly disclaim all express and implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and error-free and uninterrupted services. We do not warrant, guaranty, or make any representations or warranties whatsoever, express or implied, or assume any liability to you regarding (a) the use or the results of the use of the information available through the Forms, including, without limitation, any financial results based on use of any such Forms or any delay or loss of use resulting from their use; or (b) system performance and effects on or damages to software and hardware in connection with any use of the Web Site or Forms.
In addition to and without limiting the foregoing, we shall not be liable for any harm caused by the transmission, through the Web Site, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impeded in any manner the availability of the Forms or any of your software, hardware, data or property.
In addition to and without limiting the foregoing, we make no representation and assume no liability regarding the quality, safety, accuracy, or suitability of any Forms or software found on any other Web Site not under our control.
We and our affiliates, agents and licensors shall not be liable for any losses or damages incurred by you related in any way to your use of the Forms, except as otherwise provided by law. We shall have no liability for losses caused by the negligent actions or failures to act of any third party provider; and to the extent permitted by law, neither we nor any third party provider shall be liable to you for any indirect, special, incidental or consequential damages (regardless of whether such damages are reasonably foreseeable), or for any loss that results from a cause over which we or any other such entity do not have control, including, but not limited to, failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather, or other causes commonly known as “Acts of God.”
As a condition of being permitted to use the Forms, you represent and agree that the following statements are and will continue to be true for so long as you request access to the Web Site:
(a) You are the person identified as the “registrant” in the Web Site application, and your name and address as provided in that application are correct.
(b) You understand that we will not be responsible for the accuracy, completeness, or use of any information received by us or received by you from outside data sources through the Forms and that we do not make any warranty concerning such information. You understand that all information provided or transmitted to us through the Forms is at your sole risk and responsibility. You agree that neither we, nor any third party working with us to provide services hereunder, shall be responsible for any damages caused by communications line failure, unauthorized access, theft, systems failure, and other occurrences beyond our or its control.
(c) You agree to be liable for any and all charges or expenses incurred in connection with the use of the Forms by you or any other person through use of your User Codes, or otherwise. You understand that the rates, fees, billing, and terms governing services provided by outside vendors may be determined by the vendor.
(d) You expressly acknowledge and agree that the use and storage of any information, including, without limitation, portfolio information, transaction activity, account balances, and any other information available through the Forms is at your sole risk and responsibility.
(e) You understand that, to the extent the Web Site utilizes Internet services to transport data or communications, we will take reasonable security precautions, but that we disclaim any liability for interception of any such data or communications. You also understand that we shall not be responsible for, and make no warranties regarding, the access, speed or availability of Internet or network services.
23. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Englewood, Colorado, and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). Any cause of action by you with respect to the Web Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Web Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
24. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Web Site operations, intellectual property, and our services, shall be settled solely by binding arbitration by the Judicial Arbiter Group at Denver, Colorado (“JAG”) in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Englewood, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Englewood, Colorado necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAG.