You expressly acknowledge that your use of this site is at your sole risk. Cienne is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Cienne disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Cienne does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Cienne nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Cienne also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Promotional Offers, Contests, and Sweepstakes
Cienne reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
Copyright and Proprietary Rights
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Cienne, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Cienne.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Cienne. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Cienne’s copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all Cienne trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Cienne uses in connection with the Site shall remain the exclusive property of Cienne. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of Cienne. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Communications Provided By User
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Cienne or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Cienne is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Cienne and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Cienne and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
Cienne is a registered trademark in the United States and other countries. Cienne trademarks may not be used without the written permission of Cienne and specifically should not be used in connection with any product or service that is not identifiable as belonging to Cienneny.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cienne. Any rights not expressly granted herein are reserved.
Notice Regarding Copyright Agent
Cienne does not condone copyright infringement on its Site, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted 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.
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 the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
A statement 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links To Third Party Sites
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Cienne and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Cienne is not responsible for webcasting or any other form of transmission received from any Linked Site. Cienne is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cienne of the Linked Site or any association with its operators.
Your Posts. Visitors to the Site (“users”) may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) comments or other materials (collectively, “User Content”). In order to keep the Site enjoyable for all of our users, you must adhere to the rules below.
Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:
Violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
Uses technology or other means to access the Site that is not authorized by Cienne (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Site contents).
Involves accessing the Site through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Attempts to damage, disable, overburden, impair, or gain unauthorized access to the Site, including Cienne’ servers, computer network, or user accounts.
Encourages conduct that would constitute a criminal offense or give rise to civil liability.
Violates these Terms
Interferes with any other party’s use and enjoyment of the Site.
No Spam or Inappropriate Content
You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Cienne will fully cooperate with any law enforcement authorities or court order requesting or directing Cienne to disclose the identity of anyone posting any such information or materials.
You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the Posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Content. Cienne will remove all User Content if we are properly notified that such User Content infringes on another person’s rights. You acknowledge that Cienne does not guarantee any confidentiality with respect to any User Content.
Third Party Posts
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Cienne does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of Cienne. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Cienne assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Cienne with respect to such User Content. To notify us of any inappropriate User Content, please email firstname.lastname@example.org.
Cienne does not guarantee, warrant or endorse any product or service not manufactured or performed by Cienne, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Cienne. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Cienne.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Cienne reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
You agree to defend, indemnify and hold Cienne harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Choice of Law and Dispute Resolution
The Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflict of laws provisions. Any dispute or claim relating in any way to Cienneny.com, or products or services sold or distributed by Cienne or through Cienneny.com, shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in Delaware. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, in New York, New York, or at another mutually agreed location. We each agree that (1) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action and (2) either of us may bring suit in court to enjoin intellectual property rights violations. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cienne as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cienne with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cienne with respect to the Sites.
These Terms are effective until terminated by either party. You may terminate your agreement with Cienne at any time by no longer accessing this Site and destroying all materials obtained from the Site. Cienne reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.