Acceptance and Amendments of Terms and Conditions. This technology platform includes business intelligence tools, program functionality and related services (together, the “Applications”) are owned by Crosslake Technologies, LLC (“Crosslake” or the “Company”). You may only use the Applications if you accept these Terms and Conditions (the “Terms and Conditions”) and the accompanying Privacy Notice located at www.crosslaketech.com/corsis-privacy (the “Privacy Notice”). We reserve the right to amend the Terms and Conditions and Privacy Notice at any time in our sole discretion. It is your responsibility to review the current Terms and Conditions and Privacy Notice in force when using the Applications. Amendments to the Terms and Conditions and Privacy Notice become effective upon posting anywhere on the Applications. You automatically agree to these Terms and Conditions by logging onto or using Crosslake’s Applications in any way.
Use of the Applications. The Applications involve an assessment of individual companies’ technology environments and related processes through the use of TechIndicator® assessment metrics or content questions. The resulting assessments provide investors and business leaders with objective, systematic tools for measuring and scoring the risks and opportunities related to the technology operations of the assessed entity. The Company has no obligation to provide you or any third party with a score, advice, or analysis of your choosing or liking. Nor will the Company adjust its score, advice, or analysis upon request.
As part of the Applications, you are permitted to download and utilize resulting materials (the “Materials”) in accordance with the terms of your MSA and SOW for a specific project. You may not sell, transfer, or otherwise distribute the Materials except as permitted by your MSA and SOW. Except where otherwise agreed by the Company in writing: you may not “mirror” the Materials on any server; you may not modify or copy the Materials. You agree not to decompile or reverse engineer any software contained in the Applications.
Copyright. Material in these Applications is protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company or as otherwise permitted as defined by MSA and SOW.
Trademarks. All trademarks on this site are property of the Company. No license is granted with respect to these intellectual property rights, except where expressly set out herein, and no trademarks on this site may be used without prior permission from the Company.
No Unlawful Purpose. The Applications are provided for lawful purposes only and may not be used for any unlawful purposes. You agree that under some circumstances the Company may be legally obligated to disclose information obtained or collected from you to the appropriate authorities. You agree to release the Company and its employees from any and all claims, demands or actions arising out of such disclosure by the Company.
No Liability; Applications Provided “As Is”. The Company is not liable for any damages, harm, or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any aspect of the Applications. The Applications are provided “as is,” and without warranties of any kind, express or implied.
Restrictions on Access to the Applications. We may restrict, suspend or terminate your access to the Applications at any time if we believe that you have breached these Terms and Conditions. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions.
Links to Other Website and Services. The Applications may contain links to web sites other than the Company’s. The Company does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Company does not control the content of these sites and takes no responsibility for their content, nor should it be implied that the Company endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.
Responsibility and Age. If you subscribe to, or otherwise access the Applications, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Applications and to create binding legal obligations for any liability you may incur as a result of the use of the Applications. Users under 18 years of age are prohibited from registering with the Company and using the Applications.
Accuracy of Information. The information presented in the Applications has been compiled by the Company from internal and external sources or provided by users. No representation is made, or warranty given, as to the completeness or accuracy of such information. The Company reserves the right to make changes to the information on the Applications, or to the services described therein, or update such information at any time without notice, at its sole discretion.
Indemnification. You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Applications; or (ii) any information submitted by you or collected about you on the Applications. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
Disclaimer of Warranties. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE APPLICATIONS, INCLUDING WITHOUT LIMITATION, INFORMATION, RATINGS, SCORING, ANALYSIS, TEXT, GRAPHICS, VIDEO, AUDIO, AND HYPERLINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLICATIONS, THAT YOUR USE OF THE APPLICATIONS ARE AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY USE OF THE APPLICATIONS.
Release and Limitation of Liability. The Applications are systems to assist subscribers and users in assessing the proficiency of the technologies and processes involved in their business. The quality of the analysis and reports provided in the Applications are dependent upon the information provided to the Company. You therefore agree to release the Company and its employees from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, related to the analysis and reports in the Applications. You further agree to release the Company and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, (i) your use of the Applications, (ii) reliance by any party on the analysis provided by the Company. You agree that neither the Company nor its affiliated parties has any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data. Without limiting any other provision in these Terms and Conditions, the Company’s maximum aggregate liability to you for losses or damages you suffer in connection with the Applications are limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the services in the twelve (12) months prior to the action giving rise to the liability; and (ii) $100. Your only right and remedy in case of dissatisfaction with the Applications or any other grievance shall be the termination of your account and discontinuation of access to, or use of the Applications.
Waiver of Class Action Rights. By using the Applications and agreeing to the Terms and Conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Site or these Terms and Conditions must be asserted individually.
Arbitration. All disputes arising out of or relating to these Terms and Conditions or this Privacy Notice (including their formation, performance, or alleged breach), or your use of the Applications, will be exclusively resolved under confidential binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel shall apply Delaware law, without regard to its conflict of laws principles. In addition, the exclusive location for such arbitration shall be Charlotte, NC. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions whether through class arbitration proceedings or otherwise. Notwithstanding the above, the Company will have the right to seek injunctive or other equitable relief in state or federal court located in Delaware to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Governing Law. These Terms and Conditions shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, in all questions and controversies arising out of your use of the Applications and these Terms and Conditions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Applications must be brought within one (1) year from the date on which such claim or action arose or accrued. The Company controls and operates the Applications from its headquarters in the United States of America and the Applications may not be appropriate or available for use in other locations. If you use the Applications outside the United States of America, you are responsible for following applicable local laws and agree that information entered into the Applications will be transmitted to and stored in the United States of America.
