Privacy Statement and Terms and Conditions
TERMS OF USE, DISCLAIMER AND PRIVACY POLICY AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING
THE SERVICE: IT IS A BINDING AGREEMENT BETWEEN YOU AND CHMURA ECONOMICS &
ANALYTICS ('Chmura'). BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY
AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY
PART OF THE SERVICE.
1. What we are: Chmura is an economic consulting group
specializing in traditional economic modeling and forecasting and quantitative
analysis for specific business problems. Chmura offers several services on this
Web site (the 'Web Site'), including, without limitation, the publication of
Virginia Economic Trends and other economic and analytical publications and
reports and the distribution, including by email to registered users of the Web
Site requesting such reports, of economic overview reports ('Economic
Reports')(such publications and Economic Reports are referred to herein as
'Publications'). These services and this Web Site constitute the 'Service.'
2. Where we are: Chmura's address is 1309 East Cary Street, Richmond, Virginia 23219 and its email address is
info [at] chmuraecon [dot] com.
Any
notices to Chmura shall be directed to that address and email address. Our phone
number is (804) 649-1107.
3. Ownership of this Web Site and its Content: The Service is
proprietary to Chmura and is protected by intellectual property laws and
international intellectual property treaties. Under the terms and conditions of
this Agreement, Chmura grants you a nonexclusive, nontransferable,
nonsublicensable right to access and use the Service. All of the content
featured or displayed on the Web Site, including, but not limited to, text,
graphics, photographs, images, moving images, sound, illustrations and software
('Content'), is owned by Chmura, its licensors or its content providers. All
elements of the Web Site, including, but not limited to, the general design and
the Content, are protected by trade dress, copyright, trademarks, moral rights,
and/or other laws relating to intellectual property rights. No portion or
element of the Web Site or its Content may be copied, displayed, distributed,
published, or retransmitted via any means without the written permission of
Chmura. The Web Site, its Content and all related rights shall remain
the exclusive property of Chmura, its licensors, or its content providers unless
otherwise expressly agreed. No user may remove, alter or cover any copyright or
other proprietary notices placed on this Web Site.
4. Indemnification: You agree to indemnify, hold harmless and
defend Chmura, its shareholders, directors, officers, employees and agents from
and against any action, cause, claim, damage, debt, demand or liability,
including reasonable costs and attorney's fees, asserted by any person, arising
out of or relating to: (a) this Agreement; (b) your use of the Content and
related rights; and (b) your use of the Service, including any data or work
transmitted or received by you.
5. Our Privacy Policy: Chmura believes strongly in preserving Web
user privacy. Below is the policy that Chmura follows on privacy:
A. Information Collected. We intend to gather and store
information from this Web Site (or from any other contact you have with Chmura) as
follows. If you purchase a copy of a Publication, you will be added to our
database of purchasers; if you request that we email Economic Reports to you,
you will be added to our database of users; and if you submit a question to us,
you will be added to a database of persons submitting questions (together, this
information is 'Registration Data'). We also track the number of visitors
accessing the Web Site. In addition, Chmura may be able to detect certain
information about your server or your computer by virtue of your visit to this
Web Site, such as your make and model of Web browser and your operating system.
Chmura does so only to facilitate your use of this Web Site and not for any other
purpose.
B. Changes to your Registration Data. Should your Registration
Data ever change, please notify us by email at info [at] chmuraecon [dot] com or by
sending a written request to our address, provided above.
C. Distribution Privacy. If we send an email message to you
providing Economic Reports or regarding an opportunity to purchase the next
edition of Virginia Economic Trends or another Publication, we send that email
only to the address that you provide to us, and do not copy your email to
anyone else.
D. Use of Registration Data. We will use your Registration
Data only to provide Economic Reports to you, if requested, or to contact you
about an opportunity to purchase an upcoming issue of Virginia Economic Trends
or other Publication or about certain services provided by Chmura. You can opt out
of receiving Economic Reports or these reminders, and in that case, we will not
contact you even for these purposes. Of course, if you do opt out, you will not
be advised of when the next edition of Virginia Economic Trends is published.
E. Opting Out of Our Registration Database. You may opt out of
our registration database by sending an email to Chmura at info [at] chmuraecon [dot] com or
by sending a written request to opt out to our address, provided above. Once we
have finished processing your opt-out, we will delete your information from our
registration database and not contact you again for any purpose unless you
request that we do so. After you send an opt-out request, you may still receive
messages that were in the queue to be sent when we received your opt-out
request.
F. Sharing Data for Job Postings. If you click on a job posting
link through the Career Assessment analytic or through the Career Concourse, your
IP address, zip code, and keywords pertaining to the occupation you are targeting
will be transmitted to www.indeed.com in order to use the service of that supplier.
G. Career Concourse Resume Posting and Sharing. If you post your
resume through the Career Concourse, that resume will be made available to outside
parties with the intent that these parties are employers who may view your resume
with the purpose of possibly offering you employment. Your resume, but no other data,
will be shared with such outside parties. If you do not want any personal information
shared, it should not be posted in your resume. Chmura cannot guarantee the identity
of outside parties with access to your resume. These parties are given access to the
site containing the resumes by the Sponsor of the Career Concourse site, who is solely
responsible for granting these permissions. Chmura cannot guarantee that other parties
will also access the site and your resume through other means.
H. Local Business Portal Data Sharing. As a user of the Local
Business Portal, job need information that is entered there will be directly
available to the Sponsor of that Local Business Portal, that is, the agent or
agency purchasing usage of the portal. Information shared will include the job
needs you enter as well as your registration information, unless you opt out per
item E. Job data entered may also be reflected indirectly in JobsEQ analytics
such as occupation gaps; these data will be accessible by any user of JobsEQ
with access to such analytics; however, these data will be aggregated with
existing data and as such may be obscured; nevertheless, such data will not be
directly identified as linked with your registration information and your
registration information will not be shared at all with such users outside
of the sponsoring agent.
I. Local Business Portal Use of Job-Seeker Information. When
linked with an active Career Concourse, Local Business Portal users may have
access to contact information of job-seekers. This information is to be used
solely by subscriber businesses for the purpose of filling job vacancies within
their own business; all other uses are prohibited. Job-seeker information is not
to be shared outside the subscriber company. Job-seekers are not to be contacted
for any other purpose outside of interviewing for a job opening within the
subscriber business.
J. No Liability for Acts of Third Parties. We will use all
reasonable efforts to safeguard the confidentiality of the Registration Data.
Nonetheless, transmissions made by means of the Internet cannot be made
absolutely secure by us, since we do not control the Internet. We disclaim any
liability for disclosure of Registration Data due to errors in transmission by
third parties or unauthorized acts of third parties.
K. Changes to this Privacy Policy. We may change this Privacy
Policy in the future. Any changes will be effective upon the posting of a
revised privacy policy on this Web Site.
6. Representations and Warranties: You represent and warrant
to Chmura that: (a) you have the power and authority to enter into and perform
your obligations under this Agreement; and (b) you will comply with all terms
and conditions of this Agreement.
7. Termination: This Agreement is effective upon your
acceptance as set forth herein and shall continue in full force until
terminated. Chmura reserves the right, in its sole discretion and without notice,
at any time and for any reason, to: (a) remove or disable access to all or any
portion of the Service; (b) suspend your access to or use of all or any portion
of the Service; and (c) terminate this Agreement.
8. Disclaimer of Warranties: THE SERVICE IS PROVIDED ON AN 'AS
IS' BASIS AND Chmura EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU EXPRESSLY AGREE
THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. Chmura MAKES NO WARRANTY AS TO
ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. Chmura MAKES NO OTHER
WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN
RELATION TO THE SERVICE. THE INFORMATION IN EACH PUBLICATION IS OBTAINED FROM
SOURCES Chmura BELIEVES TO BE RELIABLE. HOWEVER, Chmura DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF SUCH INFORMATION. ANY OPINIONS IN A PUBLICATION CONSTITUTE
THE JUDGMENT OF Chmura AT THE TIME OF ORIGINAL PUBLICATION, WHICH IS SUBJECT TO
CHANGE WITHOUT NOTICE.
9. Limitation of Liability: YOU AGREE THAT Chmura SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART
BY RELYING UPON, USE OF, OR INTERPRETING INFORMATION OBTAINED THROUGH USE OF
THE SERVICE. UNDER NO CIRCUMSTANCES SHALL Chmura BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE
EVEN IF Chmura OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE
FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
Chmura DOES NOT CONTROL OTHER WEB SITES THAT MAY PROVIDE LINKS TO THE SERVICE. Chmura
SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING FROM INFORMATION CONTAINED
ON OTHER WEB SITES OR FROM THEIR LINKING TO THIS WEB SITE.
10. Additional Disclaimer of Warranties Related to Computer Technology:
Chmura DOES NOT WARRANT THAT THE USER'S USE OF THE SERVICE WILL BE UNINTERRUPTED,
ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET A USER'S REQUIREMENTS, OR THAT ANY
DEFECTS IN THE SERVICE WILL BE CORRECTED. Chmura DISCLAIMS LIABILITY FOR, AND NO
WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY OF THE SERVICE, INCLUDING
WITHOUT LIMITATION UNAVAILABILITY CAUSED BY HEAVY TRAFFIC, TECHNICAL
DIFFICULTIES, OR ANY OUTAGE OR OTHER INTERRUPTION IN SERVICE. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS
UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. Users may also have other rights that vary from state to
state.
11. Amendment: Chmura shall have the right, at any time and
without notice, to add to or modify the terms of this Agreement, simply by
posting such amended terms on this Web Site. Your access or use of the Service
after the date such amended terms are posted shall be deemed to constitute
acceptance of such amended terms.
12. General: This Agreement contains the entire agreement
between the user and Chmura regarding the Service, and replaces all prior or
contemporaneous representations, understandings or agreements. In the event
that any term on this Web page conflicts with any statement made on any other
page of this Web Site, the term on this page controls. This Agreement may be
modified only by Chmura by the means described above, or by a writing signed by
both a user and an authorized official of Chmura. No failure, delay in exercising
or enforcing any right or remedy hereunder by Chmura shall constitute a waiver of
any other right or remedy, or future exercise thereof. If any provision of this
Agreement is determined to be invalid under any applicable statute or rule of
law, it is to that extent to be deemed omitted, and the balance of the
Agreement shall remain enforceable. Unless otherwise explicitly stated, the
provisions contained herein will survive termination of the user's access to
and use of the Service. This Agreement shall be governed by the laws of the
Commonwealth of Virginia, without regard to conflict of laws rules. Any
litigation arising from or related to this Agreement shall be instituted and
maintained only in the Circuit Court for the City of Richmond or the United
States District Court for the Eastern District of Virginia. You agree that you
hereby waive your right to a jury in any such trial.