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​​Terms of Use

Cilio Technologies, LLC
Website Terms of Use

Updated:  January 25, 2016

This Website is owned and operated by Cilio Technologies, LLC (“Cilio”).  The following terms and conditions of use (the “Terms of Use”) govern your access to and use of the Website.

Your Consent

Cilio reserves the right to update or modify these Terms of Use at any time and from time to time without prior notice by posting the updated Terms of Use on this page. By using the Website, you consent to these Terms of Use. Your continued use of the Website indicates acceptance of the modified terms.

Accessing the Website

Cilio reserves the right to withdraw or amend this Website in its sole discretion without notice.  Cilio will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, Cilio may restrict access to some or all of the Website.   You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

User Name and Account Security
If you choose or are provided with a user name, password or any other piece of information as part of any Website security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify Cilio immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  Cilio has the right to disable any user name, password or other identifier, whether chosen by you or provided by Cilio, at any time in its sole discretion for any or no reason, including if, in Cilio’s opinion, you have violated any provision of these Terms of Use.

Content

The information presented on or through the Website is made available solely for general information purposes. Cilio does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Cilio disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

CiO Online Subscription Agreement

Through this Website, users may be given an opportunity to register to become customers of the CiO service.   The CiO service is subject to additional terms and conditions that will be set forth in a separate CiO Online Subscription Agreement.   When registering for the CiO service,  you will be asked to accept the terms of the CiO Online Subscription Agreement.  The CiO Online Subscription Agreement will be a legally binding contract between you and Cilio and will govern your use of the CiO service.   The terms of the CiO Online Subscription Agreement will be in addition to these Terms of Use once a user enters into the CiO Online Subscription Agreement.

Restrictions on Use

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Cilio and meet this age eligibility requirement. If you do not meet the requirement, you must not access or use the Website.  In any interaction with this Website, you agree to refrain from:

 

  • Any practice that floods a person with unwanted communication;
  • Language, comments, statements or terminology that can be construed as offensive, derogatory, judgmental, demeaning, humiliating or disparaging;
  • Linking to offensive websites, including those that are pornographic, racist or which advocate violence or prejudice against any group or individuals;
  • Disclosing private information about others; and
  • Use of copyrighted material from this Website without permission.

 

Any person deemed to have violated any of the above standards or any other individual instance considered related to any of the above standards may be blocked from this Website and/or the offending content may be removed. If any violation of the above standards represents, indicates or suggests an intent or threat to break the law, the violator’s information, including ISP and IP address, will be provided to the appropriate law enforcement agencies.  Cilio is not responsible for the content of third party websites.  Inclusion of hyperlinks to third party websites does not in any manner imply any endorsement of the material on those websites or association with their owners or operators.

Copyright
The entire content included in this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cilio or its licensors. The collective work includes works that are licensed to Cilio. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own individual, non-commercial use, or to purchase Cilio products or services. Further, your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by your web browser for display enhancement purposes. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Cilio.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of or downloads from this Website is strictly prohibited, unless authorized by Cilio in writing prior to such use. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

If you believe that any Website contents violate your copyright, please send Cilio a notice of copyright infringement by e-mailing support@ciliotech.com.

Pursuant to the Digital Millennium Copyright Act, Cilio designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Cilio’s designated agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • 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
  • a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Cilio’s designated agent for notification may be contacted at:

Cilio
Attn: Copyright Notice
200 South Executive Dr., Suite 101
Brookfield, WI 53005
Phone: (262) 320-0480
E-mail: support@ciliotech.com

Cilio has the right to disclose, and you consent to Cilio’s disclosure of, your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Website. Without limiting the foregoing, Cilio has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS CILIO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CILIO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CILIO OR LAW ENFORCEMENT AUTHORITIES.

Trademarks

All trademarks, service marks and trade names of Cilio and all related names, logos, product and service names, designs and slogans used in the Website are trademarks or registered trademarks of Cilio. You must not use such marks without the prior written permission of Cilio.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CILIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING DATA PRIVACY OR DATA SECURITY.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT CILIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.  YOU SPECIFICALLY AGREE THAT CILIO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IF CILIO IS FOUND TO HAVE VIOLATED ANY OF YOUR RIGHTS, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES RECOVERABLE AGAINST CILIO ARE LIMITED TO THE LESSER OF YOUR ACTUAL, PROVEN DAMAGES OR $10.

Indemnification
You agree to indemnify, defend, and hold harmless Cilio, its officers, directors, employees, agents, licensors and suppliers from and against all claims, liabilities, judgments, awards, costs, losses, expenses, damages and fees, including reasonable attorneys’ fees resulting from any violation of these Terms of Use, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet connection.

Term; Termination
These Terms of Use are applicable to you upon your accessing the Website. These terms and conditions, or any part of them, may be terminated by Cilio without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer of Warranty, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Notice
Cilio may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Cilio.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Milwaukee and County of Milwaukee. You waive any objection or defenses to this venue including forum non conveniens.

Miscellaneous

Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Cilio products) must be commenced within one (1) year after the claim or cause of action arises.  Cilio’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cilio may assign its rights and duties under this Agreement to any party at any time without notice to you. Cilio is entitled to recover all costs and expenses in enforcing this Agreement, including attorneys’ fees.

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