Insights and opinions on Information Technology from George Tomko, a veteran CIO turned renegade consultant.

Terms of Use

CIORant.COM Terms of Use Agreement

Terms and Conditions of Use

Welcome to CIORant.com (or CIORant.net), (“Service”), an online service owned by Tomko Tek, LLC. Your use of the Service will be subject to the terms of this Terms of Use Agreement (TOU). The TOU may change from time to time. Use of service after a change will subject you to the new terms.

Read the following terms carefully and make sure you understand them. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Participation and Conduct

During the term of this Agreement, CIORant.COM grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of the CIORant.com web site is permitted.

You may participate in any blog comment or messaging threads offered through the Service, but you agree not to post any material which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify CIORant.com, its owner and operator, and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Blog comments and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

CIORant.com reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. CIORANT.COM also reserves the right to edit or modify any submissions in response to requests for feedback, or other commentary. Notwithstanding the foregoing, CIORANT.COM is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any blog, message board, or other area within the Service.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CIORANT.COM DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. CIORANT.COM IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS AND CIORANT.COM DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. CIORANT.COM DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.

CIORANT.COM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF CIORANT.COM HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL CIORANT.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.

SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices

CIORANT.COM may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to CIORANT.COM via e-mail at support@TomkoTek.com, by postal mail to Tomko Tek, LLC, 2 City Place, Suite 200, St. Louis, MO 63141, or via facsimile to (314) 558-9244.

 

CIORANT.COM reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

Any failure by CIORANT.COM to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Indemnity

In the event you breach the terms of this license, or if, any claims are made against the owner or operator of CIORANT.COM (its employees, officers or directors resulting from your actions) you shall be liable to the owner or operator of CIORANT.COM for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of Missouri. You agree to grant jurisdiction over yourself to the courts of Missouri and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

Copyright and Trademarks

The Service is the personal property of Tomko Tek, LLC. CIORANT.COM retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass.

The Service and all materials published therein, including but not limited to blog posts, commentary, articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by CIORANT.COM or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute any Content to any third person. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the license granted above.

CIORANT.COM, CIORANT.NET and their respective logos are trademarks of Tomko Tek, LLC. All other trademarks on the Service are the property of their respective holders.

Permissions

All requests for licensing, reprints, and other usage of material on CIORANT.COM should be addressed to Tomko Tek, LLC, 2 City Place, Suite 200, St. Louis, MO 63141 or to support@TomkoTek.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request.

Last updated: August 21, 2011.