Customer Specific Requirements, LLC
Legal Terms of Use

Content contained on or made available through this Website does not constitute legal advice. Our services are not the substitute for advice from a licensed attorney. The completeness, adequacy or currency of the content of this Website is not warranted or guaranteed. Use of the information on this Website or materials linked from this Website is at your own risk.

The Customer Specific Requirements, LLC ("CSR") website, www.customerspecifics.com (the "Website") is an online service made available by CSR, which provides a means of tracking amendments and changes that have been made to customer specific requirements agreements (the "Service"). Please review the following terms carefully. By using our Service you are agreeing to comply with and be bound by the following terms of use. If you do not agree to these terms, you should not use the Service. The term "you" refers to the user or viewer of our Service.

CSR provides the Service on a non-exclusive license basis only for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. The service of tracking amendments and changes to the customer specific requirements documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS AND AMENDMENTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THAT THE WEBSITE, SERVICE OR CONTENT DOES NOT VIOLATE THE RIGHTS OF ANY THIRD PARTY.

All materials, content, information, uploaded documents and software ("Content") provided on the Website and/or through the use of the Service may be used solely under the following terms and conditions ("Terms of Use"):

Acceptance of Agreement

By using our Service you agree to the terms and conditions outlined in these Terms of Use with respect to our Service. These Terms of Use constitute the entire and only agreement between CSR and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the Content, products or services provided by or through the Service, and the subject matter of these Terms of Use, other than the Privacy Policy (defined below), as amended from time to time. These Terms of Use may be amended at any time by CSR without specific notice to you. The latest Agreement will be posted on the Website, and you should review these Terms of Use prior to using the Service.

Website License

In consideration for the payment of the applicable subscription fee for the applicable term, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website in accordance with these Terms of Use. CSR may terminate this license at any time for any reason. The term of the foregoing license shall expire 12 months after payment of the applicable subscription fee, unless earlier terminated in accordance with these Terms of Use.

Forms, Agreements & Documents

The Website is an online subscription service providing its members with access to a comprehensive library of many different third party organization's customer specific requirements legal documents and clauses and the amendments and changes made to such documents. The customer specific requirements documents on the Website are not written or produced by CSR, but instead are the product of third parties, and therefore are not a product offering of CSR.

You understand that when using the CSR Website and Service you will be exposed to documents from a variety of sources and that CSR is not responsible and assumes no liability for the usefulness, accuracy, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content on the Website.

If you would like to obtain copies of a particular organization's customer specific requirements without the use of our product, you may do so, in most cases free of charge, by (a) visiting the respective website of the particular company; (b) logging into the organization's supplier portal; (c) calling the supplier quality engineer associated with your organization or (d) any other channels that may have been established between your organization and your customer base.

Uploading Documents

You are solely responsible for the posting or publishing of any documents, including but not limited to customer specific requirements documents that you upload for use with the CSR Service ("Uploaded Documents"). By uploading and publishing any Uploaded Documents, you affirm, represent and warrant that:

You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize CSR and users of CSR's Service to use the Uploaded Documents in the manner contemplated by these Terms of Use;

You give CSR a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Uploaded Document which you submit, post or display on or through the Services. This license is for the sole purpose of enabling CSR to display, distribute and provide the Services;

The use of Uploaded Documents as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

Your Uploaded Documents do not contain any viruses, adware, spyware, worms, or other malicious code;

Your Uploaded Documents do not and will not slander, defame, or libel any other person;

Should any third party bring a claim against CSR, you agree to indemnify, defend and hold CSR and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to or in any way arising from your Uploaded Documents;

You have all the rights, power and authority to grant the license contemplated by this Section 4.

Access to the Service

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Service strictly in accordance with these Terms of Use; (b) to use the Service solely for internal, non-commercial purposes; and (c) to print out discrete information from the Service solely for internal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. Only individuals authorized by the subscribing organization may access and use the Service. You may not use login credentials to access the Service from outside the country for which it was issued. Your login credentials may be restricted from accessing certain materials otherwise available in the Service. Materials and features may be added to or withdrawn from the Service or otherwise changed without notice.

Restrictions:

Your license for access and use of the Service and Content therein are subject to the following restrictions and prohibitions on use: You may not, (a) copy, print, republish, display, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Service or any Content retrieved from it for any commercial distribution without the express prior written consent of CSR; (b) use the Service or any materials obtained from the Service to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content from the Service except as permitted in this Section 4; (d) use any Content from the Service in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of CSR or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Service or Content; (f) make any portion of the Service available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Service software or use any network monitoring or discovery software to determine the Service architecture; (h) use any automatic or manual process to harvest information from the Service; (i) use the Service for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the Service in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; or (k) export or re-export the Service or any portion thereof, or any software available on or through the Service, in violation of the export control laws or regulations of the United States.

Monitoring:

CSR reserves the right to monitor, and you hereby consent to CSR's monitoring of, your use of the Service and Content to ensure compliance with this Agreement. If CSR, in its discretion, determines you are not in compliance with this Agreement, CSR reserves the right to take such action as it deems necessary, including, but not limited to (a) assessing additional charges for users in excess of the number authorized; (b) suspension of the account; or (c) termination of the account. Such monitoring may include determining whether or not the Service and/or Content are accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of "bots" or "spiders," is prohibited. CSR does not disclose any information regarding its proprietary monitoring methods or policies.

Limitations on Use

Use of the Service and Content on this Website is limited to the lawful business purpose of tracking amendments and changes that have been made to customer specific requirements documents.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. CSR reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any CSR server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of CSR, including any CSR account not owned by you, to its source, or exploit the Website or any Service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or CSR's systems or networks, or any systems or networks connected to the Website or to CSR.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any customer specific requirements document transmittal you upload or send to CSR on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website, Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CSR or others.

Not Legal Advice

The Content and Service contained on or made available through the Website is not intended to and does not constitute legal advice and no attorney-client relationship formed, nor is anything submitted to this Website treated as confidential. The completeness, adequacy or currency of the Content and the Service is not warranted or guaranteed. Use of the information on the Website or materials linked from the Website is at your own risk.

Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content, the Service and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Section 12 below, Intellectual Property - Permitted Uses and Restrictions on Use.

Registration

Certain sections of the Website require you to register. If registration is requested, you agree to provide CSR with accurate, complete registration information. It is your responsibility to inform CSR of any changes to that information. Each registration is for a single person or business entity only, unless specifically designated otherwise on the registration page. CSR does not permit any other person using the sections under your name or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Errors and Corrections

CSR does not represent or warrant that the Website is error free or other harmful components. We will take steps to the best of our ability to correct all defects with the Website. CSR does not warrant or represent that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. CSR may make improvements and/or changes to its features, functionality or Content at any time.

Privacy Policy

View the Privacy Policy for this Site. The terms of the Privacy Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Use and subject to these terms.

Intellectual Property - Permitted Uses and Restrictions on Use

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service, except as allowed by Section 5 above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials. Some of the Content on the site is the copyrighted work of third parties.

Trademarks

The Web Site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names, constitutes trade dress of Customer Specific Requirements, LLC. The trademarks, service marks and trade dress of CSR may not be used or reproduced without prior written approval from CSR and may not be used in connection with any product or service that is not affiliated with CSR, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of CSR, or in any manner that disparages or discredits CSR.
Other trademarks that appear on the CSR Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CSR. Any images of persons or personalities contained on the CSR Website are not an indication or endorsement of CSR or any particular product or our service unless otherwise indicated.

Disclaimer

THE SERVICE, INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THAT THE WEBSITE, SERVICE OR CONTENT DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CSR HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CSR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CSR AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CSR THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation on Liability

CSR SHALL NOT BE LIABLE FOR ANY INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICE. CSR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT.

If, notwithstanding the other provisions of these Terms of Use, CSR is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Service or any Content, CSR's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid BY YOU in the six months prior to the date of the initial claim made against CSR, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify, defend and hold CSR and our members, owners, partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms of Use or use of the Website and/or Service.

Unlawful Activity

CSR reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Remedies for Violations

CSR reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to CSR's Website and its features.

Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the Website. The Terms of Use constitute the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable, divisible and distinct from the remaining provisions and shall not affect their validity and enforceability.

Force Majeure

CSR is not responsible for any delay or failure in performance of the Website in whole or in part for any reason including, without limitation: act of God, fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or any other event beyond the reasonable control of CSR. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

Injunctive Relief

If you violate or exceed the scope of these Terms of Use or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF INDIANA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and do not win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms of Use, our Website or our Services, excluding legal action taken by CSR to collect or recover damages for, or obtain any injunction relating to, Service operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the alternative dispute resolution procedures in the Indiana Trial Rules ("ADR"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fort Wayne, Indiana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CSR may seek any interim or preliminary relief from a court of competent jurisdiction in Fort Wayne, Indiana necessary to protect the rights or property of you and CSR pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

Miscellaneous

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Website. Your continued use of this Website after the effective date of such amendment will constitute your acceptance of it. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.