AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site, and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
By using the Site, you represent and warrant that:
- you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- you will not use the Site for any illegal or unauthorized purpose, and
- your use of the Site will not violate any applicable law or regulation
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed and approved by us.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential, except where expressly designated as such, and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to:
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and
- otherwise manage the Site in a manner designed to protect our rights and the property and to facilitate the proper function of the Site.
TERM AND TERMINATION
If we block your account, for any reason, you are prohibited from accessing the site from another name, a fake or borrowed name, or the name of a third-party, even if you may be acting on behalf of the third-party. In addition to blocking your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, at our sole discretion, without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site, without notice, at any time. We will not be liable to you or any third-party for any modification, practice change, suspension, or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The site is provided on an as is and as available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by the law, we disclaim all warranties, express or implied, in connection with the site and your use there of, including, without limitation, the implied warranties of merchantability, fitness for a particular role, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites link to the site and we will assume no liability or responsibility for any:
- Errors, mistakes, or in accuracies of content and materials
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- Any interruption or cessation of transmission to or from the site
- Any bugs or viruses Trojan horses or the like which may be transmitted to or through the site by any third-party, and/or
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the site, or any hyperlinked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution when appropriate.
LIMITATIONS OF LIABILITY
In no event will we are our directors, employees, or agents be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including loss profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of:
- Use of the Site
- Your violation of the rights of a third-party, including but not limited to intellectual property rights; or
- Any overt harmful act toward any other user of the Site with whom you connected to via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agreed to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature for delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved,You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing, at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 455-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us using the contact form in the footer of the Site.