The following are terms of a legal agreement between you and Resiant Networks, Inc. (operator) of this Web site and our Privacy Policy Statement regarding this Web site.
Terms and Conditions for Use of this Web Site
Privacy Policy Statement
Terms and Conditions for Use of this Web Site
This document was last updated on February 12, 2004
Thank you for visiting our Web site. By accessing or using any areas of our Web site www.cmoffice.com or www.cmoffice.net and all related servers operated by (Resiant Networks), you are bound by the terms and conditions set forth below, as well as the terms of our Web Site Privacy Statement. If you do not accept these terms and conditions, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.
Permission to Use this Web Site
Many portions of this Web site are available for public viewing and use. You must register or enter into a separate agreement with Resiant Networks to access other portions of this Web site. Subject to the terms and conditions set forth on this page, our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Resiant Networks grants you permission to do the following: (i) view and use for intended purposes those portions of this Web site to which we have granted you access; (ii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iii) use the e-mail links to which you have been granted access to contact Resiant Networks. Any other use of this Web site or its contents is prohibited without first obtaining written permission from Resiant Networks.
Not Legal Advice
Content within this Web site is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
Copyright, Trademarks and Other Proprietary Rights
This Web site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Resiant Networks, Inc. and/or its licensors, and Resiant Networks and its licensors reserve all rights with respect to this Web site’s content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.
RESIANT NETWORKS, CMOFFICE are trademarks of Resiant Networks, Inc. Use of Resiant Networks’ trademarks, product names, company names and logos appearing on this Web site are the property of Resiant Networks. You must obtain permission from Resiant Networks before copying or using their trademarks, product names, company names or logos.
Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this Web site that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our Web site. We cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same.
You may not link to our Web site in any way that might lead others to believe that our Web site or any of its contents were created or are operated or offered by you or any party other than Resiant Networks. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our Web site or any of its contents, nor may you place any text or other content on your Web site that states or implies that there is any association between you and Resiant Networks.
You may not use any of Resiant Networks’ trade names, trademarks or any of the textual content of our Web site as metatags in your own Web site, unless we have granted you a license explicitly permitting you to do so.
Communication and Submissions via this Web Site
Whenever you communicate with Resiant Networks or others using this Web site, your communications are nonconfidential. Resiant Networks is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.
Member Account, Security and Password
If any of the products or services available to you on this Web site requires you to open an account, you must complete the sign up registration process by providing us with current, complete and accurate information as prompted by the applicable sign up registration form. You may be asked to choose a user name and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Resiant Networks immediately of any unauthorized use of your account or any other breach of security. Resiant Networks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Resiant Networks or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Your subscription to our products or services is subject to the terms and conditions set forth within the sign up registration form, Privacy Policy and Service Usage Agreement.
Third Party Statements and Opinions
Resiant Networks is not responsible for any opinions, advice or statements made by third parties.
Third Party Products, Services and Web Sites
Third parties may provide materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via this Web site. Resiant Networks makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this Web site. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them.
This Web site may contain links to third party Web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the Web site, the Web site’s content, or any products or services available on or via the Web site. Resiant Networks does not control and is not responsible for linked Web sites, or any Web sites (other than our own) that are linked to them.
No Warranties
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. RESIANT NETWORKS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability or quality of any products or services AVAILABLE VIA this Web site (except as may be set forth in any license or other agreement related to those products or services).
Limitation of Liability
RESIANT NETWORKS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. RESIANT NETWORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
Indemnification.
You agree to indemnify, defend and hold harmless Resiant Networks, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use by you.
Unlawful Activity.
Resiant Networks reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use 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 user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Remedies for Violations.
Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.
Export and Import Restrictions
This Web site is controlled and operated by Resiant Networks from its offices within the United States. Resiant Networks makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that Resiant Networks may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Resiant Networks.
Any litigation arising out of or related to your access to or use of this Web site will be brought only in the United States District Court for the District of Minnesota, or, if federal subject matter jurisdiction is lacking, then in the Minnesota state trial court for the division and county in which Resiant Networks’ or its successor’s or assign’s principal office in Minnesota is then located. By accessing or using this Web site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the State of Minnesota, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this Web site, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of Resiant Networks that explicitly authorizes a use which is inconsistent with these terms and conditions.
Privacy Policy Statement
Resiant Networks, Inc. ("Resiant") recognizes the importance of protecting the privacy of Personal Information collected about its Visitors, Users and Subscribers. "Personal Information" includes, but is not limited to, usage data, along with the name, address, telephone number, e-mail address, and/or credit card, or checking account information of Subscribers. Therefore, Resiant does not sell or otherwise disclose any individually identifiable Personal Information about any Visitor, User or Subscriber without an express and informed consent of such Visitor, User or Subscriber. Nor does Resiant include in resiantnetworks.com, cmoffice.com or cmoffice.net any functionality for performing "reverse searches" to identify Resiant Visitors, Users or Subscribers from their e-mail addresses. However, Resiant reserves the right to analyze and utilize Visitor, User and Subscriber data in order to more effectively optimize the Visitor, User and Subscriber experience and to present certain compliance opportunities to Visitors, User or Subscribers for their benefit. Resiant also reserves the right to share with its partners and third parties some de-identified Information on the aggregate basis only and provided that such use of Information does not violate any expectations of privacy of or agreement with any Resiant Visitor, User or Subscriber. Resiant has adopted this Privacy Policy to inform Resiant Visitors, Users or Subscribers how it does collect, store, and use Personal Information. Resiant's intent is to balance its legitimate business interests in collecting and using Personal Information against the reasonable expectations of privacy of its Visitors, Users and Subscribers.
Our Commitment to Privacy.
Resiant Networks, Inc. ("Resiant") is committed to respecting the privacy of visitors, users and subscribers to its family of Web sites (collectively, the "Resiant sites" and each, a "Resiant site") and parties related to them. Except as otherwise provided, this Privacy Policy applies to all of the Resiant sites, which include, but are not limited to, resiantnetworks.com, cmoffice.com and cmoffice.net. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Resiant site.
The Resiant sites included general audience visitors intended for general compliance information and secure compliance subscription service for healthcare professionals. Personal information of general audience and users of the subscription service may be collected, used, and disclosed as described in this Privacy Policy.
The Information We Collect.
To help us achieve our goal of providing the highest quality services, we collect and apply information from our interactions with Visitors, Users and Subscribers to the Resiant sites, as well as from other parties. Because we respect your privacy, we have procedures to ensure that your personal information is handled in a safe, secure, and responsible manner. The information we receive and collect depends on whether you are a Visitor, User or Subscriber and the actions taken while visiting one of the Resiant sites.
- Your Personal Information.
Resiant recognizes the importance of protecting the privacy of personal information collected about its Visitors, Users or Subscribers and other third parties. In general, our Visitors, Users and Subscribers are able to visit many of our Web pages without telling us who they are or revealing any information about themselves. As discussed under "Usage Data" below, we may track the Internet domain or "Internet protocol" addresses from which Visitors, Users and Subscribers visit us and analyze this data in the aggregate to determine usage for trends and statistics. Individual Visitors, Users and Subscribers will remain anonymous, unless they voluntarily tell us who they are.
There may be times, however, such as when subscribing to our compliance service, when we require Subscribers to provide certain Personal Information about themselves. "Personal Information" may include, but is not limited to, the name, address, telephone number, e-mail address, and credit card information or checking account information of Resiant site Subscribers. In this instance, personal information is requested for the purpose of registering and paying for the subscription fee-based service.
- Demographic Information.
There will also be opportunities for Visitors, Users and Subscribers to provide us with demographic or profile information regarding their preferences and interests. This information may include, but is not limited to, professional compliance interests. This demographic information, however, is not required and is completely optional on a Visitor, User or Subscriber's part.
- Prospect and Referral Information.
If a Visitor, User or Subscriber visits resiantnetworks.com, cmoffice.com or cmoffice.net and partially completes the Web site's subscription registration form but fails to complete the registration process, we may use such "prospect" information to contact the prospective Subscriber from time to time with Resiant offers and information about new features, new services, and special discounts we think they may see as valuable. Similarly, if a Subscriber forwards a Resiant e-mail to a friend, we may use the "referral" information provided to contact the friend from time to time with Resiant offers and information about new features, new services, and special discounts we think the friend may see as valuable. All of our "prospect" and "referral" communications contain clearly marked opt-out instructions. The types of personally identifiable information that may be collected in relation to "prospects" or "referrals" include: name and e-mail addresses. We do not sell or rent any contact information for such "prospects" or "referrals."
- Cookies.
To help you personalize your online experience, Resiant uses "Cookies." "Cookies" are pieces of information that Resiant transfers to the hard drives of Subscribers for record-keeping purposes. One of the primary purposes of Cookies is to provide a convenience feature to save you time. For example, Cookies allow us to count the number of unique and return visitors who use the Resiant sites. Most browsers are initially set up to accept Cookies. If you prefer, you can reset your browser to notify you when you've received a Cookie or, alternatively, to refuse to accept Cookies. It is important to note that you may not be able to use certain features on a Resiant site if you choose not to accept Cookies. The use of Cookies is an industry standard and occurs at most major Web sites.
How We Use the Information We Collect.
- Personal Information
Resiant uses Personal Information for: allowing Resiant site Visitors, Users and Subscribers to obtain an account and to online compliance services.
Resiant does not sell or otherwise disclose any individually identifiable Personal Information about any Resiant site Subscriber without an express and informed consent of such Subscriber. Nor does Resiant include in any of the Resiant sites any functionality for performing "reverse searches" to identify Web site Subscribers from their e-mail addresses. However, as discussed below, Resiant reserves the right to analyze and utilize aggregated, not individual, Usage Data in order to more effectively optimize the Subscriber experience and to present certain opportunities to Subscribers for their benefit. Resiant also reserves the right to share with its partners and third parties some Personal Information on an aggregate basis only and provided that such use of Personal Information does not violate any expectations of privacy of or agreement with any Resiant site Subscriber. Resiant has adopted this Privacy Policy to inform Resiant site Subscribers of how it collects, stores, and uses Personal Information. Resiant's intent is to balance its legitimate business interests in collecting and using Personal Information in order to continuously improve Resiant products and services against the reasonable expectations of privacy of its Subscribers.
- Demographic Information.
In an ongoing effort to improve its services, Resiant may use aggregated demographic information to draw conclusions about Subscribers' wishes and preferences. Resiant may also provide demographic information in the aggregate regarding Resiant site Subscribers to third parties in connection with Resiant advertising campaigns and marketing programs; however, no demographic information relating to any individual Resiant site Visitor, User or Subscriber is disclosed without the express consent of such Visitor, User or Subscriber. In addition, any such Visitor, User or Subscriber may withdraw his/her/entity consent at any time by following the instructions provided under the heading "How to Opt Out, Correct, Update, or Remove Personal Information" below. As stated above, submitting such demographic information is not required and is completely optional on a Visitor, User or Subscriber's part.
- Prospect and Referral Information.
As discussed above, we may use prospect and referral information to contact a prospect or referral from time to time with Resiant offers and compliance information about new features, new services, or special discounts we think such prospect or referral may see as valuable. We do not sell or rent any contact information for such prospects or referrals.
- Usage Data.
We only use Usage Data in the aggregate -- that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our Visitors, Users or Subscribers use certain parts of a Resiant site, which, in turn, enables us to make the Resiant sites as appealing as possible. We may also provide statistical "ratings" about how our Visitors, Users and Subscribers collectively use our Web sites to which we do business ("Business Partners"). We do this so they, too, can understand how often people use their areas of the Web sites in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about any of our individual Visitors, Users or Subscribers.
Disclosure Exceptions.
We will disclose information we maintain when required to do so by law; for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
Subscriber Communications.
As a benefit of membership, Resiant site Subscribers may receive the following communications from us:
- Communications related to subscription maintenance activities. These communications may include, without limitation, notices regarding material changes to Resiant site policies, service updates, service enhancements, and account management procedures. Since these communications are necessary to ensure Resiant provides its Subscribers with the highest quality of services, our Subscribers are not permitted to opt out from receipt of these communications.
- Newsletter Compliance Communications. As a benefit of a Resiant subscription, we may send our Resiant Subscribers our exclusive Resiant Newsletters. These newsletters are full of useful Resiant content. Since these communications are necessary to ensure Resiant provides its Subscribers with the highest quality of services, our Subscribers are not permitted to opt out from receipt of these communications.
- Communications containing information about Resiant products and services. We may send promotional e-mails and other outbound communications to Resiant site Subscribers regarding products and services from Resiant. Any Resiant site Subscriber that does not wish to receive such product and service communications can choose to remove his or her contact information from our contact list at any time by (i) following the instructions at the bottom of any promotional e-mail or (ii) following the instructions set forth below in "How to Opt Out, Correct, Update, or Remove Personal Information."
Offers From Our Business Partners.
Resiant may offer its Subscribers the opportunity to receive money-saving offers, discounts, and promotions from our Business Partners. These communications may come from Resiant or directly from the Business Partners themselves. This program is conducted strictly on an opt-in basis. In order to receive or decline the offers, you must follow the clearly marked instructions on the relevant page. If you leave the box unchecked, you will not receive any offers. If you do sign up for the program, but later change your mind, you are free at any time to opt out by (i) following the clearly marked instructions at the bottom of any such communication or (ii) following the instructions set forth below in "How to Opt Out, Correct, Update, or Remove Personal Information."
Our Commitment to Security.
Resiant only collects information from Resiant site Users and Subscribers to the extent deemed reasonably necessary to serve its legitimate business purposes, and it uses state-of-the-art security technology to ensure the security, integrity, and privacy of all collected information. In addition, Resiant uses security measures in connection with the collection and transmission of Resiant site Subscriber information during each Resiant site's registration process. Nonetheless, Resiant is not responsible for any breach of its security or for the actions of any third parties that may obtain any Resiant site Subscriber information, including Personal Information or demographic information.
How to Opt Out, Correct, Update, or Remove Personal Information.
Subscribers may opt out of certain services or correct, update, or remove Personal Information that Resiant has collected about them through any of the means listed below. Please be sure to include the following information in your correspondence:
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Your e-mail address
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Your first and last name
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The name of the Resiant site to which the request applies
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The service or section of the site to which you are registered/subscribed
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Online: Visit our Feedback page at resiantnetworks.com, cmoffice.com or cmoffice.net and submit a message to us using our online message form.
Please allow 7-10 days for your opt-out and other requests to be processed.
Links to Other Web sites.
The Resiant sites each contain links to other Web sites. Resiant is not responsible for the privacy practices or content of these third-party Web sites. We urge all Resiant site Users and Subscribers to follow safe Internet practices: Do not supply personal information to these Web sites unless you have verified their security and privacy policies.
Your Consent and Changes to Privacy Policy.
This Privacy Policy was last changed on February 11, 2004. By using any one of the Resiant sites, you consent to the collection and use of your information by Resiant in the manner specified in this Privacy Policy. Resiant reserves the right to change or amend this Privacy Policy at any time by posting the revised Privacy Policy on the Resiant sites. Resiant encourages each Resiant site Visitor, User or Subscriber to periodically review this Privacy Policy to be informed of how we are protecting their information.
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