CicalaOnline Terms of Use

As used in these Terms of Use, "we" or "us" or "our" means or refers to Cicala & Associates LLC, "you" or "your" means or refers to any entity or person accessing the www.cicalaonline.com website ("Site"), each business entity which has become a "Subscriber" to the Site, and its agents, affiliates or representatives.

1. Code of Conduct.
You will conduct yourself appropriately while using any and all portions of the Site. You may not engage in any inappropriate activity, including coercion or the use or dissemination of foul, vulgar, insulting, harassing, defamatory or libelous language or materials. You agree not to impersonate any Subscriber, person or entity or misrepresent your affiliation with any Subscriber, person or entity. You will not collect any data or information from the Site (including, but not limited to, financial information) except as permitted by Cicala & Associates and such other Subscriber. You also agree not to interfere with other users or Subscriber's use and enjoyment of the Site.

You agree that you will not, in any way, modify, move, add to, delete or otherwise tamper with the information contained in the Site, nor will you decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site.

You agree (a) to use reasonable efforts to avoid uploading or distributing in any way files that contain viruses, corrupted files or programs which may damage another's computer, (b) not to interfere or disrupt networks connected to the Site, (c) not to attempt to interfere with the functioning of the Site or any transaction conducted at the Site, and (d) not to impose an unreasonably load on Cicala & Associates' infrastructure.

2. Eligibility.
We make certain services offered on the Site available to individuals or business entities that enter into a Subscription Agreement with us. You must complete the registration process and comply with the terms of our Subscription Agreement and the Site Terms of Use to access and participate in the Subscriber-only areas of the Site.

3. Responsibility for Your Password.
Your access to Subscriber-only sections of the Site is protected by the use of a username/password pair. It is the responsibility of all users to guard this information and keep it confidential. Business entities are also responsible for ensuring that their authorized users protect their username/password pair by guarding the information and keeping it confidential. By registering, you are authorizing us to treat any person using your username/password pair as you, and any resulting transactions, obligations and liabilities shall be attributed to you as if you used the Site yourself. Any transaction, obligations and liabilities attributed to users under valid username/password pairs shall be attributed to the business entity affiliated with the user as if the business entity had used the Site itself.

4. Copyright.
All materials (including but not limited to images, text, illustrations, video clips and audio clips, collectively, "Content"), and "Software" (including but not limited to computer programs, applets, files and data) published on the Site are protected by the copyright laws of the United States or other jurisdictions and are owned or controlled by us, or third party providers of the Content or software. The Content and Software are provided solely for the personal noncommercial use of users and Subscribers of the Site. Any copying, further distribution, commercial use or nonpersonal use of the Content or Software found in the Site, without our express written consent or the consent of the owner of the intellectual property involved, is strictly prohibited.

No right, title or interest in any Content or Software is transferred to you as a result of any such copying. You further agree that you shall not alter or remove any copyright notice or proprietary legend contained in the Content or Software and that any copy made shall include any copyright or other notice included therein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or use or exploit in any way, in whole or in part, any of the Content or Software. You may not post any Content or Software to any other online service (including, but not limited to any bulletin board or the Internet). You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the Content or Software by reverse engineering, disassembly, decompiling or otherwise.

5. Downloading Files/Data.
We do not provide a representation or warranty that your use of or download of Content or Software will be virus-free or that the procedures and precautions taken by us will protect you from viruses. We are not responsible for any adverse conditions caused by Content or Software downloaded from the Site. You should follow standard practices for ensuring safety of your computer(s) and data, including but not limited to, installing the latest virus detection software on your computer(s) and configuring it to trap viruses at download time.

6. Accuracy of Information.
We endeavor to keep information available on the Site accurate. However, we make no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the opinions, data and/or information available. You acknowledge that any reliance upon such opinions, data and/or information obtained from or through the Site is at your sole risk.

7. External Links.
The Site contains hyperlinks that will let you access other World Wide Web sites. These sites are not under our control, and we assume no responsibility or liability for any material that may reside in any external web site. We do not make any representations regarding the quality of any product or service contained at any such site.

8. DISCLAIMER OF WARRANTY.
THE SITE SERVICES, CONTENT AND ALL SOFTWARE ARE OFFERED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE USER ASSUMES ALL RESPONSIBILITY FOR USE OF THE SITE AND WAIVES ALL CLAIMS AGAINST CICALA & ASSOCIATES LLC THAT MAY ARISE FROM UTILIZATION OF THIS SITE. FURTHER, CICALA & ASSOCIATES LLC SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THIS WEB SITE, ITS CONTENT, OR ITS SOFTWARE INCLUDING WITHOUT LIMITATION FROM USER'S USE OR INABILITY TO USE THE SITE, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, OR ANY ERROR OR OMISSIONS IN CONTENT.

9. Indemnity.
You agree to indemnify, defend, and hold Cicala & Associates LLC, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach of the Terms of Use by you or any user of your account including, without limitation, reasonable attorneys' fees.

10. Local Laws.
You are solely responsible for abiding by all applicable local, national and governmental rules and regulations, including international and import/export laws that may apply to you. Your use of the Site must be in accordance with these laws. You are also responsible for not acting in a manner that causes us to violate any such laws. You are responsible for supplying any restrictive legends or notices (e.g. copyright notices) and for properly attributing trademarks, service marks and logos to their respective owners.

11. Non Transferability or Assignment.
You may not transfer your usage rights or subscription to the Site.

12. Future Changes.
We may at any time, without providing notice, change, modify, add or delete all aspects of our business and operations, including services, fee structure, terms and conditions graphics, look and feel, and others, applicable to your use of the Site, or any part thereof.

We may change these Terms of Use at any time, without notice, and your continued use of the Site after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.

13. Access Restrictions; Termination.
We may terminate your access to the Site at any time for any reason. The provisions regarding Disclaimer of Warranty, Accuracy of Information, and Indemnity shall survive.

14. General.
These Terms of Use have been made and shall be construed and enforced in accordance with New Jersey law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in the state of New Jersey.

Any term, condition, or provision of these Terms of Use that is determined for any reason to be unlawful, invalid, void or unenforceable, shall not affect any other portion of these Terms.

terms of use

CicalaOnline Terms of Use