Terms of Use

Last Updated: February 25, 2010

I. INTRODUCTION

Welcome to the website for CNX Corporation (“CNX,” “we” or “us”). Please read these Terms of Use carefully. These Terms of Use set forth legally binding terms and conditions. By accessing or using the website, you accept and agree to be bound by these Terms of Use.

These Terms of Use include the terms set forth in this document as well as our Privacy Policy, located at www.cnxcorp.com/privacy, and incorporated into these Terms of Use by this reference. Certain areas of the website, including the forum, may be subject to additional terms posted by us on the website or otherwise made available to you.

II. WEBSITE USE

You may use the public areas of the website to learn about our products and team, to purchase licenses, support, and professional services, to participate in our user forums, and to obtain information about all things CNX. All access to and use of the website by licensees of CNX products is further subject to the terms of your license agreement with CNX.

You may not:

  • use the website for advertising, promotional, solicitation, or other commercial purposes;
  • use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the website;
  • attempt to impersonate another user, “stalk” or otherwise harass anyone, collect personal data about other users for commercial, unlawful or any other purposes, or contact any user that has not specifically asked to be contacted; or
  • attempt to gain unauthorized access to any private areas of the website, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website.

You may use the private areas of the website only if you are a CNX customer that has been granted access, including a valid ID and password. Your account may be used by you only, and may not be shared with any other individuals or entities. You are solely responsible for selecting, changing, and maintaining the privacy of your username and password, and for all activity that occurs under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your ID or password.

III. CONTENT GUIDELINES

Certain areas of the website permit users to submit or “post” support queries and answers, suggestions, feedback, and other information and materials (collectively, “content”). Certain content that you submit, including applications or code that you contribute to the CNX community, may be subject to additional terms and conditions posted by CNX on the website or otherwise made available to you. All content submitted by you must be appropriate for viewing by a general audience, consistent with the general quality standards of the website, and otherwise in compliance with these Terms of Use. We reserve the right, but shall not have the obligation, to remove content that violates these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all content that you submit.

You may not post any content on the website that:

  • is illegal, offensive, harassing, defamatory, libelous, obscene, pornographic, invasive of another’s privacy, or endangers minors in any way;
  • infringes, misappropriates, or violates the copyrights, trademarks, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violates any contractual, fiduciary or other duty or obligation; or
  • contains information or promotes activities that you know or should reasonably know to be unlawful, false, deceptive, misleading, inaccurate, deceitful or unsafe.

By submitting or posting any content, you grant CNX a non-exclusive, worldwide, perpetual and irrevocable, freely transferable and sublicensable, royalty-free and fully paid-up license to perform, display, transmit, reproduce, distribute, prepare derivative works of, and otherwise access and use such content in connection with CNX products and services, on the website and/or any successor or complementary Internet sites operated by CNX, and in electronic or print collections or compilations of information derived from the website; provided, however, our use of any personal information submitted by you shall be consistent with our Privacy Policy.

We have no control over and assume no responsibility for the content posted by users of the website, and shall have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by us prior to posting. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.

IV. USER DISPUTES; TERMINATION OF ACCESS

We encourage you to report any abuse of the website or violation of these Terms of Use. Notwithstanding the foregoing, you are solely responsible for your interactions with other users on the website. We reserve the right, but shall have no obligation, to monitor communications on the website and any disputes between you and other users. However, we assume no obligation to monitor user activities, to take action against any inappropriate activity, or to intervene in or resolve any user disputes.

We reserve the right to terminate your use of the website at any time and for any reason, with or without prior notice to you, including if you violate any provision of these Terms of Use, or use the website in a manner for which it is not intended to be used. These Terms of Use will survive and remain in effect even after such termination.

You agree to indemnify, defend and hold CNX harmless from and against any and all claims, demands, suits, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or resulting in whole or in part from your misuse of the website, the content you submit to or post on the website, your violation of these Terms of Use, or your violation of any applicable law or regulation or the rights of another person or entity.

V. PROPRIETARY RIGHTS

CNX and its suppliers reserve all right, title and interest in and to the website, including but not limited to all information and compilations of information available on or through the website, as well as the domains and sub-domains, design, layout, graphics, code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all intellectual property and other proprietary rights embodied therein. You acknowledge that you have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the website in accordance with these Terms of Use. All other rights of CNX and its suppliers are expressly reserved.

VI. COPYRIGHT POLICY

You may not use the website to post content or otherwise engage in activities that infringes the copyrights of others. It is the policy of CNX to terminate the accounts of website users who repeatedly infringe the copyrights of others, as determined by CNX in its sole direction after receipt of proper notification by the copyright owner or its legal agent. If you believe that your work has been posted or used on the website in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) 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 (vi) a statement by you, made under penalty of perjury, that the information contained in your notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, CNX Corporation, 217 N Jefferson St, Suite 450

Chicago, IL 60661-1103; by phone at: (312) 477-7450 ; by facsimile at: (312) 251-0041, Attn: Copyright Agent; or by email at: support@cnxcorp.com.

VII. DISCLAIMER

THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE WEBSITE IS AT YOUR OWN RISK. CNX AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, OR THE INFORMATION AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER MALICIOUS CODE, TYPOGRAPHICAL ERRORS, OR ALTERATIONS BY THIRD PARTIES.

VIII. LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CNX OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE WEBSITE, THE INFORMATION AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR ANY ACTION OR INACTION TAKEN BY YOU IN RELIANCE THEREON. THE TOTAL CUMULATIVE LIABILITY OF CNX AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THE WEBSITE, THE INFORMATION AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND ANY ACTION OR INACTION TAKEN BY YOU IN RELIANCE THEREON SHALL NOT EXCEED THE FEES (IF ANY) PAID BY YOU TO CNX FOR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM OR ONE DOLLAR ($1), WHICHEVER IS GREATER. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIMS OR SUITS WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL APPLY EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

IX. MISCELLANEOUS

Governing Law. The website is hosted and operated in the United States of America. These Terms of Use and the relationship between you and us relating to your access to and use of the website shall be governed by and interpreted for all purposes in accordance with the laws of the State of Illinois, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.

Jurisdiction and Venue. Any dispute, action or proceeding arising out of or related to the website, your access to or use of the website, the information made available to you through the website, these Terms of Use, or the validity, construction or enforcement hereof, shall be commenced in the state courts of Chicago, Illinois, or in the case of a dispute over which the federal courts have exclusive subject matter jurisdiction, in the United States District Court for the Northern District of Illinois. You hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction and venue of such courts, waive any objections thereto, including any objection based on forum non conveniens, and except where exclusive federal subject matter jurisdiction exists, waive any right of removal to federal court; provided, however, the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.

Assignments. You may not assign or transfer these Terms of Use, or any rights or duties hereunder, in whole or in part, whether by operation of law or otherwise, without the prior written consent of CNX. Any attempted assignment or transfer in violation of the foregoing shall be null and void from the beginning and without effect. CNX may freely assign or transfer these Terms of Use, including without limitation to a successor in interest upon CNX’s merger, consolidation, acquisition, corporate reorganization, or sale or other transfer of all or substantially all of its business or assets to which these Terms of Use relate, and may delegate its obligations under these Terms of Use to its affiliates and subcontractors.

Notices. All notices under these Terms of Use shall be in writing. Notices to you may be delivered by email, fax, or postage prepaid registered or certified mail, return receipt requested, to the most current address on file. Notices to CNX must be delivered by postage prepaid registered or certified mail, return receipt requested, to the following address, unless CNX has provided you with an alternative notice address:

CNX Corporation
Attn: President
217 N Jefferson St, Suite 450
Chicago, IL 60661-1103

Third Party Beneficiaries. Nothing contained in these Terms of Use, express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of these Terms of Use. Notwithstanding the foregoing, the disclaimers, limitations on liability and indemnification protections for CNX under these Terms of Use shall extend to CNX, its directors, officers, employees, agents, affiliates, and suppliers. All references to CNX in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

Amendment. We reserve the right to amend these Terms of Use from time to time, in our sole discretion. Any amendments shall be effective when posted by us on the website or otherwise made available to you. Your access to and use of the website after we have modified these Terms of Use shall signify your acceptance of the amended terms. Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of CNX. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.

Entire Agreement. These Terms of Use set forth the entire agreement of the parties with regard to the subject matter hereof, and supersede all prior and contemporaneous negotiations and agreements, written or oral, with regard to such subject matter. If any provision of these Terms of Use is determined to be unenforceable under applicable law, such provision shall be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from these Terms of Use if such amendment is not possible, and the remaining provisions of these Terms of Use shall continue in full force and effect.

X. CONTACTING US

If you have questions about these Terms of Use, or any other questions or comments concerning the website, please contact us at www.cnxcorp.com/support.