Terms of Use

The following terms and conditions (the "Terms and Conditions") govern your use of the Coley Heath Investigations website (this "Site"), and any services contained within the Site. These Terms and Conditions include our Privacy Policy and supplemental terms and conditions ("Supplemental Terms") that will govern your use of specific Coley Heath Investigations services ("Additional Services").

By using or downloading any materials from this Site, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.

Copyrighted Information and Copyright Agent. Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by Coley Heath Investigations or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of the Copyright Holder.

You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Coley Heath Investigations, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes.

COLEY HEATH INVESTIGATIONS MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.

Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of Coley Heath Investigations is strictly prohibited.

Coley Heath Investigations respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Coley Heath Investigations with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. Information reasonably sufficient to permit us to contact the complaining party;

e. A statement that the complaining party has 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

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice With Regard to Documents on this Site. Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal

Online Privacy Policy. Our online Privacy Policy forms a part of these Terms and Conditions. Supplemental Terms also contain additional and different terms, including without limitation regarding the collection, use, and sharing of personal information provided in connection with the use of such services, which you should read carefully before using such services.

Disclaimers and Limitation on Liability.

(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND COLEY HEATH INVESTIGATIONS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. COLEY HEATH INVESTIGATIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

(B) DISCLAIMER OF ACCURACY. COLEY HEATH INVESTIGATIONS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. COLEY HEATH INVESTIGATIONS RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. COLEY HEATH INVESTIGATIONS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. COLEY HEATH INVESTIGATIONS IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.

(C) LIMITATION ON LIABILITY. NEITHER COLEY HEATH INVESTIGATIONS NOR ANY OF ITS DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST COLEY HEATH INVESTIGATIONS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.

Links to Third Party Sites. Any other web sites that are accessible via any link on this Site are not under the control of Coley Heath Investigations Coley Heath Investigations is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Coley Heath Investigations provides the linked sites to you only as a convenience and the inclusion of any such link on the Site does not imply Coley Heath Investigations's endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefore, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

References to Products or Services. Information published by Coley Heath Investigations on the Site may contain references or cross references to Coley Heath Investigations products or services that are not announced or available in your country. Such references do not imply that Coley Heath Investigations intends to announce such products or services in your country. Please contact Coley Heath Investigations for information regarding the products and services that may be available to you.

User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and Coley Heath Investigations shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Coley Heath Investigations shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other Coley Heath Investigations publications, and developing, manufacturing, and marketing products using such information. Coley Heath Investigations shall have no obligation to compensate the contributor of such information in any manner.

Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any Coley Heath Investigations products or Coley Heath Investigations services offered on or accessed via the Site, shall (i) be governed by California State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of California located in Alameda County or of the United States District Court of the Northern District of California, and you hereby submit to the jurisdiction of said courts.

Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Coley Heath Investigations shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.

Trademarks. The Coley Heath Investigations logo, and other logos and titles are registered trademarks or service marks of Coley Heath Investigations Corporation. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of Coley Heath Investigations or other trademark owners.

Indemnification. You agree to defend, indemnify, and hold harmless Coley Heath Investigations, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions, including without limitation, the supplemental terms and conditions. Coley Heath Investigations shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Termination. Coley Heath Investigations may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, Coley Heath Investigations shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which Coley Heath Investigations, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 9, 12 and this Section 13 shall survive any termination of this agreement.

Operating Policies. You agree to comply with the Operating Policies set forth below (as they may be amended by Coley Heath Investigations from time to time), which are the rules that govern your activity in connection with the Service. Coley Heath Investigations has the right but not the obligation to remove any communications and materials that COLEY HEATH INVESTIGATIONS believes in its sole discretion violate the Operating Policies. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Coley Heath Investigations, Coley Heath Investigations cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, Coley Heath Investigations reserves the right to monitor content on the Service and to remove content which Coley Heath Investigations, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

i. Unless you are participating in an area of the Service that requires or encourages anonymity, use your real name in online communications.

ii. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

iii. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

iv. You may not interfere with other user's use of the Service.

v. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

vi. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, COLEY HEATH INVESTIGATIONS reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.

vii. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

viii. You may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailing to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.

ix. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.