CNC 2021 Prize

CONTACT

If you have any enquiries regarding our competition, please call us on 647-572-1381 or send an email to  info@canadiannailchampionship.com. We will get in touch with you soon.

PRIVACY POLICY

OVERVIEW

Canadian Nail Championship (CNC) Team has drafted this Privacy Policy to ensure that you can clearly understand our personal information practices as you use CNC Platform (the “Sites”). This Privacy Policy describes the types of information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use, and disclosure of your information. We also describe in this Privacy Policy the measures we take to protect the security of your Personal Information and how you can contact us about our privacy practices.

This Privacy Policy is posted on one of the Sites that we run for a customer (“Customer Site”). On a Customer Site, CNC is collecting, using and sharing your Personal Information on behalf of our customer rather than CNC. Please contact the customer for information about how they will collect, use and share your Personal Information. The customer is in control of the Customer Site, and it is operated by CNC on its behalf subject to the terms of the agreement with the customer. If you interact with CNC other than through a Customer Site, the CNC Privacy Policy available at our website will also apply.

A Customer Site may also enable you to interact with third parties (“Third Party”) similar to an in person job fair or trade show. In this event, your Personal Information may be collected, used and shared by the Third Party according to any terms established between our customer and the Third Party, as well as the policies of the Third Party, and your own choices and settings. The relationship with the Third Party is managed by our customer and not CNC.

This Privacy Policy incorporates by reference the Terms of Use for the Sites, which apply to this Privacy Policy. When you visit the Sites or provide us with information, you consent to our use and disclosure of the information we collect or receive as described in this Privacy Policy and you agree to be bound by the terms and conditions of the policy.

Please review this Privacy Policy periodically as we may update it from time to time to reflect changes in our data practices.

THE INFORMATION WE COLLECT

We may obtain information about you from various sources, including our Sites, when you call or email us or communicate with us through social media, or when you participate in an Event. An “Event” is an online gathering that includes registration before the event begins, activities between the event’s start and end time, and after the event’s end time. We also may obtain information about you from business partners and other third parties and publicly available information, including from our customers prior to or during an event. We may collect your information at different points in connection with our business and the Sites, including your registration, profile submissions, use of the Sites, interactions with us, and during an Event.

The types of information we may obtain include:

Personal Information, which is information that identifies you, such as your name, password, email address, address, phone number(s), and photographic image. In some locations, Personal Information may have a broader definition under an applicable law, and in these jurisdictions your rights with respect to Personal Information will be governed by the broader definition.

Demographic Information, such as zip code, country, years of work experience, skills, industry, certifications, degrees, etc. We do this to help you connect with other event participants like exhibitors.

Preference Information, such as preferred time zone or whether to show a dialog on your next visit. We do this to personalize your experience on the Sites.

Content Submissions, such as any information that you submit on our forms, blogs, social media pages, through file uploads, or via online chats as part of an Event.

Anonymous information, such as pages visited, and time on the Sites. We do this in order to understand how the Sites are being used and what the engagement is like.

We collect information stored in your social media profile that you authorize us to access when you use your social media profile to execute features on the Sites, such as the ability to log into the Sites using your social media profile credentials.

In addition, when you visit our Sites, we may collect certain information by automated means, such as cookies and web beacons, as described in more detail below. The information we may collect by automated means includes, but is not limited to:

Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).

Pages and URLs that refer visitors to our Sites, also pages and URLs that visitors exit to once they leave our Sites.

Dates and times of visits to our Sites.

Information on actions taken on our Sites (such as page views, site navigation patterns or application activity).

A general geographic location (such as country and city) from which a visitor accesses our Sites.

Search terms that visitors use to reach our Sites.

HOW WE USE THE INFORMATION WE COLLECT

We may use the information we obtain about you to:

Create, manage and maintain your account on the Sites.

Provide you with the Sites and other services that you request.

Manage your participation in events hosted on the Sites, where you have signed up for such events and promotions.

Maintain a record of the events in which you participate, including chat and webinar history and download activity.

Enable you to interact with other event participants.

Provide administrative notices or communications applicable to your use of the Sites.

Respond to your questions and comments and provide customer support.

Operate, evaluate and improve our business and the products and services we offer.

Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).

Analyze trends and statistics regarding visitors’ use of our Sites, mobile applications and social media assets, and the jobs viewed or applied to on our Sites.

Maintain the quality of the Sites, including detecting security incidents and protecting against malicious, deceptive, illegal or fraudulent activities.

Notify you from time to time about relevant products and services operated by CNC

Enforce our Sites’ Terms of Use and legal rights.

Comply with applicable legal requirements and industry standards and our policies.

We also use non-personally identifiable information and certain technical information about your computer and your access to the Sites (including your internet protocol address) in order to operate, maintain and manage the Sites. We collect this information by automated means, such as cookies and web beacons, as described in more detail below.

We may collect, compile, store, publish, promote, report, share or otherwise disclose or use any and all Aggregated Information, however, unless otherwise disclosed in this policy, we will not sell or otherwise transfer or disclose your Personal Information to a third party without your consent.

Our customers may use CNC and a Customer Site to process data, and this data may contain your personal information.  The data that we process through the Sites in that case is processed on behalf of our customer, and our privacy practices are governed by the contracts that we have in place with our customers. If you have any questions or concerns about how personal information in such data is handled or would like to exercise your rights, you should contact the person or entity (i.e., the data controller) who has contracted with us to use the Customer Site to process this data.  Our customers, and sometimes a Third Party, as described above, control the Personal Information in such a case. We will provide assistance to our customers to address your concerns in accordance with the terms of our contract with them.

If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection.

THE INFORMATION WE SHARE

When you create an account on the Sites, CNC will collect and retain information about you, some of which is Personal Information. You may be required to provide additional personal or demographic information when registering for an Event hosted on the Sites including, but not limited to, photo, resume, work experience, educational qualification, location, skills, industry.

The information you provide is collected by CNC, and is shared with the company(ies) participating in the Event, which may be a customer or a Third Party. This includes personal information such as name, email address, resume and other questions you answer during the registration process. This also includes the conversation (chat) history from conversations with any other participant and/or organization. If providing information for an Event, this information may become subject to the policies of the respective company(ies) after it has been shared, as CNC is not responsible for these policies. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself.

We may share your Personal Information with third party contractors or service providers to provide you with the services that we offer you through our Sites; to provide technical support, or to provide specific services in accordance with your instructions. These third parties are required not to use your Personal Information other than to provide the services requested by CNC.

We may also disclose specific user information when we determine, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of CNC, our customers, or other users of the Sites.

You should be aware that any Personal Information you submit on the Sites may be read, collected, or used by other users of CNC, and could be used to send you unsolicited messages. In addition, any personal information you submit in an Event can be read, collected, or used by participating companies, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit to the Sites.

HOW WE PROTECT PERSONAL INFORMATION

CNC maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the Sites, you understand and agree that you assume all responsibility and risk for your use of the Sites, the internet generally, and the documents you post or access and for your conduct on and off the Sites.To further protect yourself, you should safeguard your CNC Sites username and password and not share that information with anyone. You should also log off from and close your browser window when you have finished your visit to our Sites. Please note that we will never ask for your CNC account password via email.

CNC does not safeguard your Personal Information from our customers when they are acting as the controller of your Personal Information, including when held by our customers outside of the Sites, or a Third Party authorized to join a Customer Site. They are responsible for handling Personal Information in accordance with their privacy policies.

HOW TO UPDATE YOUR PERSONAL INFORMATION

You may access, update and amend Personal Information included in your online account at any time by logging into your account and making the necessary changes.

You may choose to deactivate your account at any time by emailing us at canadiannailchampionship@gmail.com. When we deactivate your account, you will be logged out of CNC and you will no longer be able to log into CNC to view the events you attended or the chats you had with other participants. Certain information in connection with your account may be retained after deactivation by CNC or by the participants who it has already been shared with pursuant to this privacy policy.

ABOUT COOKIES, TRACKING CHOICES, AND THIRD PARTY SERVICE PROVIDERS

A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, a web beacon is an often-transparent graphic image, usually no larger than 1-pixel x 1-pixel, that is placed on a Web site or in an email that is used to monitor the behavior of the user visiting the Website or sending the e-mail.

CNC uses cookies and other similar technologies for the convenience of our users. Cookies enable us to serve secure pages to our users without asking them to sign in repeatedly. CNC also uses cookies to store non-personally identifying information such as your preferences. CNC also uses cookies to ensure the proper functioning and efficiency of our Sites.

Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please be aware that our Sites cannot be used without cookies enabled. Our Sites also do not respond to web browser “do not track” requests.

CNC permits third-party cookies on its Sites. For example, third-party services located on the Sites, including those that allow for single sign-on, commenting, live chat and social media sharing, may use cookies to remember user preference settings and interaction history.

The third-party vendors, including Google, whose services we use – will place cookies on web browsers in order to serve ads based on past visits to our website. – Third-party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. This allows us to make special offers and continue to market our services to those who have shown interest in our service.

The companies that provide third-party tools and services such as commenting operate under their own privacy policies and CNC encourages you to be aware of the privacy policies of such companies. CNC does not have control over or access to any information contained in the cookies that are set on your computer by third-party tool providers.

There are many resources on the Internet that can provide you guidance regarding deleting or disabling cookies.

INTERNATIONAL TRANSFER OF YOUR PERSONAL INFORMATION

The Sites are hosted in the United States and any personal information that we collect from you is currently stored in the United States. If you are accessing the Sites outside of the U.S., you consent to the transfer of your personal information to the United States when you register. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction. When operating a Customer Site, CNC transfers personal information pursuant to the agreement with the customer.

LINKS TO OTHER SITES

Content on our Sites may contain links to other sites that are not owned or controlled by CNC. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Sites and to read the privacy statements of each and every website that collects Personal Information. This Privacy Policy applies only to information collected on CNC.

DISPUTES

If you believe that we have not adhered to the Privacy Policy, please contact us by email at canadiannailchampionship@gmail.com.  We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

CHILDREN’S PRIVACY

We do not intentionally gather Personal Information about users who are under the age of 13. If you are under the age of 13, you are not authorized to use the Sites. If we discover that a person under the age of 13 has provided us with any Personal Information, we will use commercially reasonable efforts to delete such Personal Information.

YOUR PRIVACY RIGHTS

Depending on your location, you may have the right to exercise certain privacy rights under applicable laws, including the right of erasure, the right to object to processing, the right to restrict processing, and the right to access / data portability. To exercise any of the above rights, please contact us at the email address listed below. In order to comply with your request, we may have to verify your identity. If we are processing your Personal Information on behalf of our customer, we will direct you to instead make your request to our customer, or may, in some instances, contact the customer directly on your behalf.

You may also have the right to make a complaint to the relevant authorities in your jurisdiction. If you need further assistance regarding your rights, please contact us at the email address listed below and we will consider your request in accordance with applicable law.

GENERAL DATA PROTECTION REGULATION (GDPR)

CNC will comply with all applicable data protection and privacy laws & regulations in the performance of its obligations under the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998 (“Data Protection Laws”).

PRIVACY POLICY UPDATES

If we decide to make material changes to our Privacy Policy, we will notify you by prominently posting notice of the changes on the Site and updating the date at the top of the Privacy Policy. Therefore, we encourage you to check the date of our Privacy Policy whenever you visit the website for any updates or changes.

We understand that changes to this Privacy Policy may affect your decision to use our Sites. You have the option to deactivate your account for any reason. Continued use of our Sites and their services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy or our use of your personal information, or to exercise your rights, please contact us at canadiannailchampionship@gmail.com.

Terms of Use

Please read these terms of service very carefully before registering for, or using, the CNC web site and Service.  These terms of service (“Agreement”) govern you accessing content and using www.CNC.com (and any subdomains) and its affiliate’s websites and mobile applications.  This Agreement between you (“you”) and CNC, is subject to change by us as described below.  By registering on the site by using this site you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and CNC.

This web site and any other site powered by CNC (collectively the “Site”) is owned and operated by CNC, LLC (referred to as “CNC” herein) or behalf of CNC or for the CNC’ customer (referred to as “Company” herein). The Site and its content (“Content”) and the CNC virtual fair service  (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by CNC. Company, or the copyright owner to the fullest extent allowed by law.

You acknowledge and agree that CNC or Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at CNC’ and Company’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform CNC and Company when you stop using the Services. You acknowledge and agree that if CNC or Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which are contained in your account.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by CNC and Company, unless you have been specifically allowed to do so in a separate agreement with CNC and/or Company. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).  Unless you have been specifically permitted to do so in a separate agreement with CNC or Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or anything located on the Site for any purpose.  You agree that you are solely responsible for (and that CNC and Company have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which CNC and/or Company may suffer) of any such breach.

CNC and Company do not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.

You understand that the Site employs the use of cookies and you hereby acknowledge and agree that by using the Site that you consent to the use of cookies in accordance with vFair’s Privacy Policy.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.

CNC and Company allow the following organizations to link to the Site without prior written approval: (a) government agencies, (b) search engines, (c) news organizations, (d) online directory distributors when they list CNC or Company in the directory may link to the Site in the same manner as they hyperlink to the websites of other listed businesses, (e) and systemwide accredited businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to the Site. The above mentioned organizations may link to the CNC or Company home page, to CNC’ and/or Company’s publications on the Site, or to other Site information so long as the link: (a) ) is not in any way misleading, (b) the link does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and (c) fits within the context of the linking party’s site. CNC and Company may consider and approve, in their sole discretion, other link requests from the following types of organizations: (a) commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union, (b) dot.com community sites, (c) associations or other groups representing charities, including charity giving sites, (d) online directory distributors, (e) internet portals, (f) accounting, law and consulting firms whose primary clients are businesses, and (g) educational institutions and trade associations. These organizations may link to the CNC’ and/or Company Site homepage, to publications or to other website information provided that the link: (a) is not in any way misleading, (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and (c) fits within the context of the linking party’s site. If you are among the organizations listed in this Section and are interested in linking to our website, you must notify CNC and Company by sending an e-mail to canadiannailchampionship@gmail.com.  Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Please allow 2-3 weeks for a response. Approved organizations may hyperlink to the Site as follows (i) by use of of the CNC’ or Company’s corporate name, or (ii) by use of the uniform resource locator (web address) being linked to; or (iii) by use of any other description of the Site or material being linked to that makes sense within the context and format of content on the linking party’s site. No use of CNC’ or Company’s logo or other artwork will be allowed for linking absent a trademark license agreement. Without prior approval and express written permission from CNC or Company, you may not create frames around the Site or use other techniques that alter in any way the visual presentation or appearance of the Site.

CNC and Company reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service.  The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof.  Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site or any materials contained therein.

While CNC and Company use reasonable efforts to include accurate and up-to-date information on the Site, vFair and Company make no warranties or representations as to its accuracy. CNC and Company assume no liability or responsibility for any errors or representations in the Content or this Site.

The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that CNC and Company are not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that CNC and Company shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.  The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use.  CNC and Company have the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, CNC shall own such content and material and you hereby assign any rights in such content and material to CNC. In the event ownership in the content or material cannot be granted to CNC, you grant CNC and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof.  Furthermore, you grant CNC, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content.  You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party.  Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law.  You will defend, indemnify and hold CNC and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

At your discretion, you may provide feedback to CNC and Company concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to CNC.  In the event ownership in the Feedback cannot be granted to CNC, you grant CNC at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that CNC and Company may disclose that Feedback to any third party in any manner and you agree that CNC and Company have the ability to sublicense all Feedback in any form to any third party without restriction.

The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.  CNC and Company may at any time revise these Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

You shall not transmit to CNC or Company or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

You may not use your username and password for any unauthorized purpose.

CNC and Company may retain and use, information collected in your use of the Service, provided such information does not individually identify you. CNC and Company do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to CNC or Company. If CNC discovers that a person under the age of 13 has provided CNC or Company with any personal information, CNC and/or Company will use commercially reasonable efforts to delete such person’s personal information from all CNC and Company systems.

CNC or Company may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.

By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.  THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.  ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of CNC’ or Company’s proprietary rights in them.

THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CNC AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES.  CNC AND COMPANY MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CNC AND COMPANY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  CNC AND COMPANY ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CNC, COMPANY, OR EITHER OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF CNC OR AND COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CNC’, COMPANY’S AND EACH OF THEIR LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF CNC OR COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.  Each provision of this Agreement is a separately enforceable provision.  If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.  You shall not assign or transfer this Agreement without the prior written consent of CNC and/or Company. Any attempt to assign or transfer this Agreement by you shall be void.

The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. CNC and Company shall not be liable to you for any delay or failure of CNC or Company to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of CNC or Company. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.  This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.  Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules.  The place of arbitration shall be . The language to be used in the arbitral proceedings shall be English.  The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.  The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

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