Terms of Use

Last updated:  June 8, 2012

Welcome to Commandress (the “Website,” “we,” or “us”). The following terms and conditions govern all use of the Website and all content, services and products available at or through the Website. The Website is offered subject to your acceptance of all of the terms and conditions contained in this Terms of Use Agreement (“Agreement”) and all other policies, terms, conditions, and guidelines published on the Website (including, without limitation, the Website’s Disclosure and the Website’s Privacy Policy), as they may be amended from time to time.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, then you may not access the Website. The Website is available only to individuals who are at least 13 years old.

User Content

Commandress may allow users of the Website to post comments, messages, postings or other submissions (“User Content”) in some areas of the Website. You agree that the Website does not have any obligation to publish or maintain User Content or to use or respond to any User Content.

You agree that the Website does not have any obligation to review User Content. We cannot and do not guarantee the accuracy or quality of User Content. We also cannot guarantee that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on the Website. You agree to immediately notify Commandress in writing of any objectionable User Content (or other objectionable content) appearing on the Website. 

You agree that Commandress maintains the right to monitor all User Content and to alter, edit, refuse to post, or remove any User Content at any time, in whole or in part, for any or no reason, and in our sole discretion.   

By providing User Content, you warrant and represent that you either: (1) own or otherwise control all of the rights to the content, including, without limitation, all of the rights necessary for you to provide, post, upload, input or submit the content; or (2) your use of the content is a protected fair use.

Acceptable Use

You agree that you are solely responsible for any and all acts and omissions that occur during or relating to your use of the Website. Further, you agree that you will not engage in any unacceptable use of the Website, which includes, without limitation, using the Website to:

  1. Harm or threaten to harm users or members of the general public in any way;
  2. Post or transmit any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
  3. Disseminate or transmit “spam” or other unsolicited commercial communication;
  4. Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  5. Impersonate any person or entity (including users or members of the general public), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Website for such purpose;
  7. Disseminate or transmit any content that infringes or violates any third-party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  8. Violate any law (whether local, state, national, or international), whether or not intentional;
  9. Intentionally disguise the origin of any content or communication; interfere with or disrupt the Website or servers or networks connected to the Website; or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
  10. Express or imply that any statements you make are endorsed by Commandress;
  11. Modify, adapt, sub-license, translate, sell, reverse engineer, or disassemble any portion of the Website or its contents;
  12. Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Website or its contents (except as expressly permitted by Commandress);
  13. Remove any copyright, trademark or other proprietary rights notices contained in the Website;
  14. Engage in any other activity deemed by Commandress to be in conflict with the spirit or intent of this Agreement or that might violate the rights of others or give rise to liability.

Limitations on Use and Access

You acknowledge that Commandress reserves the right, in its sole discretion, to reject, refuse to post, or remove any User Content submitted by you at any time, for any or no reason, with or without prior notice, and without liability.

You acknowledge that Commandress reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on this information is strictly at your own risk. YOU AGREE THAT COMMANDRESS WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.

Legal Disclaimer

The information provided on the Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The author(s) of Commandress are not engaged in the practice of law, do not provide legal advice or counsel, and do not hold themselves out as practicing attorneys. The content provided on the Website contains general information only and may not reflect current legal developments, verdicts, or settlements. COMMANDRESS EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL OF THE INFORMATION PROVIDED ON THIS WEBSITE.

Links

Commandress contains links to other websites. We have no control over the content of other websites. You acknowledge and agree that we do not endorse and are not responsible or liable for any content, goods, services, advertising, or other materials on or available from other websites. YOU AGREE THAT COMMANDRESS WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH OTHER WEBSITES.

Privacy

Use of this Website is also governed by its Privacy Policy, which is available at www.commandress.com and incorporated herein by reference.

Grant of License to User Content

Commandress will not be liable for its use or disclosure of any User Content. By posting User Content on the Website, you automatically grant to Commandress a non-exclusive, perpetual, irrevocable, assignable, fully-paid, royalty-free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of, derive revenue or other remuneration from, communicate to the public, distribute, perform or display such User Content (in whole or in part) and/or to incorporate such User Content into other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, including the right to exercise the copyright, publicity, and any other rights over any or all of such User Content for any purpose, including advertising and publicity on the Website and elsewhere.

Trademarks

Unless otherwise indicated, all names, logos, graphics, designs, button icons, page headers, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Commandress or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the state and federal trademark laws of the United States and/or the trademark laws of other countries. The Trademarks may not be used in any manner that is likely to cause confusion regarding,  disparage, or discredit Commandress.

Copyright

All content (including without limitation any logos, images and text) appearing on the Website is the property of Commandress or its licensors or suppliers and is protected by copyright under the laws of the United States and/or other countries. You agree not to use, reproduce, modify, distribute, sell, publish, circulate, or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.

Any text, images or video posted by the author(s) of Commandress are attributed to the best of our ability. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please follow the instructions below for reporting copyright infringements.

In accordance with the Digital Millennium Copyright Act (“DMCA”), Commandress has designated an agent to receive notification of alleged copyright infringement occurring on the Website. If you believe that your copyrighted work is being infringed, notify our designated agent at info@commandress.com.

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of the infringing material and information reasonably sufficient to permit Commandress to locate the material;
  4. Your contact information, including your address, telephone number, and email;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Disclaimer of Warranties and Limitation of Liability

The Website is provided on an “as is” and “as available” basis. COMMANDRESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, REGARDING THE WEBSITE, ITS OPERATION, OR ANY OF THE INFORMATION, CONTENT, LINKS OR MATERIALS ON THE WEBSITE.  COMMANDRESS IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE. You expressly agree that you use the Website solely at your own risk.

Indemnification

You agree to indemnify and hold harmless Commandress, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation this Agreement.

Changes; Modification

Commandress reserves the right to change at any time and in its sole discretion, the terms of this Agreement and all other policies, terms, conditions, and guidelines under which the Website is offered. Any changes will be effective upon posting by Commandress on the Website, which will include a date indicating when changes were made. You are responsible for regularly reviewing this Agreement. You agree to be bound by any changes to this Agreement when you continue to use the Website after any changes are posted.

Severability

If any provision or portion of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree allowed under applicable law.

Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

Disputes

If there is any dispute regarding your use of the Website, you agree that the dispute will be governed by the laws of the State of Georgia, without regard to conflict of law provisions. You also agree to exclusive personal jurisdiction and venue in the state and federal courts located in DeKalb County, Georgia. 

Contact

If you have any questions about this Agreement, please contact us at info@commandress.com.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.