The Chamberlain Group, Inc. (“CGI”) Social Media Terms and Conditions
CGI operates on several social media platforms, including, without limitation, Facebook, Instagram, Twitter, Pinterest, LinkedIn, and YouTube (each a “Platform”, and together the “Platforms”). The websites www.chamberlaingroup.com, www.chamberlain.com, www.myq.com, www.liftmaster.com, and CGI’s dealer extranet (each a “CGI Website”, and together the “CGI Websites”) may provide links to these Platforms, which are owned and controlled by third parties, When a person Engages (as defined below) with CGI on or via one of the Platforms, such person accepts and agrees to be bound by these Social Media Terms and Conditions. When a person uses a CGI Website or any other CGI services or products, other terms and conditions may apply.
A. A person may “Engage” with CGI on or via a Platform by doing any of the following:
- Commenting on, or responding to, a post on CGI’s account on such Platform.
- Sharing, liking, or retweeting a post on CGI’s account on such Platform.
- Using a CGI brand or campaign hashtag on a Platform.
- Tagging or mentioning CGI or any of its affiliates, a brand of CGI or any of its affiliates, a product or service of CGI or any of its affiliates, or a campaign of CGI or any of its affiliates in a post, comment, response, share, retweet, or other social media activity.
B. By Engaging with CGI on or via a Platform, a person agrees to the following:
- Such Engagement will comply with all rules, terms, conditions, and policies relating to the applicable Platform.
- Such Engagement will comply with all applicable laws, rules, regulations, published regulatory guidance, and best practices.
- CGI may, without compensation or other consideration, comment on, respond to, share, like, retweet, tag, or mention such Engagement.
- Such person hereby grants to CGI a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, license to modify, transmit, distribute and reproduce, use, create derivative works of, and sub-license such Engagement for any purpose.
- To the extent the Engagement could be deemed an endorsement, such Engagement will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.
C. Each person Engaging with CGI on or via a Platform represents and warrants that:
- Such person has the lawful right to transmit, distribute and reproduce such Engagement.
- Such Engagement does not contain any personally identifiable information, personal data or other sensitive data of any person.
- To the extent the Engagement contains images, (a) such person is the copyright owner or has obtained the copyright owner's permission to use such images; (b) such person holds the rights necessary to grant the licenses and sublicenses described in these Social Media Terms and Conditions; and (c) such person has obtained the consent of each person, if any, depicted in such images.
- Such person has made clear and conspicuous disclosures where required or advisable in accordance with applicable laws, rules, regulations, published regulatory guidance, and best practices.
- Such person is over the age of 13.
- Such Engagement does not unlawfully disparage CGI or its competitors, does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including, without limitation, any celebrities) or any non-CGI trademarks;
- The content of the Engagement is not the subject of any actual or threatened litigation or claim.
- Neither the Engagement, nor the use of the Engagement by CGI in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing CGI and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity.
D. CGI may temporarily suspend or permanently delete an Engagement for any reason or no reason. CGI reserves the right to terminate or suspend a person’s ability to Engage with CGI through the Platforms at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.
E. CGI MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE PLATFORMS OR ENGAGING WITH CGI ON OR VIA A PLATFORM. THE PLATFORMS ARE OWNED AND OPERATED BY THIRD PARTIES AND NOT WITHIN CGI’S CONTROL. ANY ENGAGEMENT WITH CGI ON OR VIA A PLATFORM IS AT EACH PERSON’S OWN RISK. ANY CGI CONTENT ON THE PLATFORMS IS PROVIDED ON AN "AS IS" BASIS. CGI, ITS AFFILIATES, AND IT AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “CGI PARTIES”) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE CGI PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE USE OF THE PLATFORMS BY OR ON BEHALF OF CGI.
F. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT ANY OF THE CGI PARTIES IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, SUCH CGI PARTY IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CGI PARTIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORMS OR ANY ENGAGEMENT WITH CGI ON OR VIA A PLATFORM WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CGI PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
G. CGI is not responsible for, nor shall it be liable to any person for access and use of any such hyperlinks to Platforms or any third-party websites. The appearance on any CGI Website of external hyperlinks to Platforms or third-party websites, in any form, does not constitute endorsement by CGI of the opinions or views expressed by any such third-party websites and CGI does not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such Platforms or websites. Furthermore, CGI is not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, CGI will not be responsible or liable to any person in any way for any content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those Platforms or third-party websites.
H. Pursuant to Section 512(c)(2) of the Copyright Act, CGI designates the following agent to receive notifications of claimed infringement: email@example.com. If a person believes that his or her content has been copied in a way that constitutes copyright infringement, please report this by contacting the email address above.
I. These Social Media Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without regards to the conflicts of law rules of such state. The state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction over any litigation arising under these Social Media Terms and Conditions.
J. CGI, at its sole discretion, may modify, replace, or revoke these Social Media Terms and Conditions at any time without notice.
K. If there are additional questions about these Social Media Terms and Conditions or the practices described herein, please contact CGI at 630-279-3600 or write to CGI at the following address: The Chamberlain Group, Inc. Attn: Data Privacy Department 300 Windsor Drive, Oak Brook, IL 60523 (630) 279-3600 Email: firstname.lastname@example.org
L. These Social Media Terms and Conditions are effective and were last updated on March 4, 2019.