Terms and Conditions
Acceptance of these Terms and Conditions Welcome to our website, the
protocol who operates this website will be referred to as (the
“Company,” “we,” “our” or “us”). These terms and conditions are
entered into by and between you and the Company. The following terms
and conditions, together with any documents expressly incorporated
herein by reference (collectively, these “Terms and Conditions”),
govern your access to, browsing of and use of this website,
including any content, functionality, services or products offered
on or through this website, and any other service or product linked
to these Terms and Conditions (collectively, the “Website”). Please
read these Terms and Conditions carefully before you start to use
the Website. By accessing, browsing or using the Website, or by
clicking to accept or agree to these Terms and Conditions when this
option is made available to you, you accept and acknowledge your
assent to, without limitation or qualification, these Terms and
Conditions and our Privacy Policy. If you do not agree to these
Terms and Conditions or the Privacy Policy, then please do not
access, browse or use the Website.
Changes to these Terms and
Conditions We may revise and update these Terms and Conditions from
time to time in our sole discretion. All changes are effective
immediately when we post them and apply to all access to, browsing
of and use of the Website thereafter. Your continued use of the
Website following the posting of revised Terms and Conditions means
that you accept and agree to the changes. You are expected to check
this page each time you access the Website so you are aware of any
changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any
service or material we provide on the Website, in our sole
discretion without notice. We will not be liable if for any reason
all or any part of the Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of
the Website, or the entire Website, to users.
You are responsible for (a) making all arrangements necessary for
you to have access to the Website and (b) ensuring that all persons
who access the Website through your internet connection or account
are aware of these Terms and Conditions and comply with them.
To access the Website or some of the resources it offers, you may be
asked to provide certain information. It is a condition of your use
of the Website that all the information you provide on the Website
is correct, current and complete. You agree that all information you
provide, including, without limitation, when registering an account
or through your use of any interactive features on the Website, is
governed by our Privacy Policy, and you consent to all actions we
take with respect to your information consistent with our Privacy
Policy. In the event you create an account on the Website, it is
your responsibility to maintain the confidentiality of your password
and you agree to accept responsibility for all activities that occur
under your account. You may not transfer, assign or sell your
account to any third party. We shall have the right to rely upon any
information received from any person/entity using your username and
password and we will incur no liability arising out of such
reliance.
We have no obligation to verify the authenticity of any of your
registration or account information. IF YOU PROVIDE ANY INFORMATION
THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE
DURING REGISTRATION OR OTHERWISE, WE HAVE THE RIGHT TO SUSPEND OR
TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE
OF THE WEBSITE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE
ILLEGALLY CARRIED ON WITHIN THE WEBSITE WILL BE REPORTED TO THE
APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
Copyright
Except for any content specifically identified as belonging to a
third party, all designs, text, graphics, the selection and
arrangement thereof, and all code and software on and in the Website
are property of the Company. All rights reserved. You should assume
that the underlying code and everything you see or read on the
Website (collectively, the “Information”) is copyrighted unless
otherwise noted. The Information may not be used other than in
accordance with these Terms and Conditions without the prior written
consent of the Company. The redistribution, retransmission,
republication, sale or commercial exploitation of the Information is
expressly prohibited without the prior written consent of the
Company, except that you may view and download one copy of the
Information to one computer for your own personal, non commercial
use only, provided that you do not delete or change any copyright,
trademark or other proprietary notices. The Company neither warrants
nor represents that your use of the Information will not infringe
upon the rights of third parties not owned by or affiliated with the
Company. You may not use any type of automated method of retrieving
data from the Website, nor access, acquire, copy or monitor the
Website or the Information, nor in any way reproduce or circumvent
the navigational structure or presentation of the Website or the
Information. You may not obtain or attempt to obtain any materials,
documents or information through any means not purposely made
available through the Website without the prior written consent of
the Company.
Trademarks
The trademarks, logos and service marks (collectively, the
“Trademarks”) displayed on the Website are registered and
unregistered Trademarks of the Company and others. Nothing contained
on the Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark
displayed on the Website without the prior written consent of the
Company or such third party that may own the Trademarks displayed on
the Website. The Trademarks displayed on the Website may not be used
other than in accordance with these Terms and Conditions. You are
also advised that the Company will aggressively enforce its
intellectual property rights to the fullest extent of the law,
including seeking criminal prosecution.
Use of the Website
As a condition of you accessing, browsing and/or using the Website,
you represent and warrant that: (a) you are at least eighteen (18)
years old; (b) you possess the capacity and legal authority to
create a binding legal obligation; (c) you will use the Website in
accordance with these Terms and Conditions; and (d) all information
you supply on the Website is true, accurate, current and complete.
We retain the right in our sole discretion to deny access to anyone
to the Website, at any time or from time to time, and for any reason
or for no reason, including, but not limited to, for violation of
these Terms and Conditions or the documents referenced herein.
Prohibited
Activities and Uses You may use the Website only for lawful purposes
and in accordance with these Terms and Conditions. The Information,
as well as the infrastructure used to provide such Information, is
proprietary to the Company or the Company’s providers. You agree not
to: (a) use the Website or the Information for any commercial
purpose; (b) access, monitor or copy any Information using any
robot, spider, scraper or other automated means or any manual
process for any purpose without the prior written consent of the
Company; (c) violate the restrictions in any robot exclusion headers
on the Website or bypass or circumvent other measures employed to
prevent or limit access to the Website; (d) take any action that
imposes, or may impose, in the Company’s sole discretion, an
unreasonable or disproportionately large load on the Company’s
infrastructure; (e) deep-link to any portion of the Website for any
purpose without the prior written consent of the Company; (f)
“frame,” “mirror” or otherwise incorporate any part of the Website
into any other website without the prior written consent of the
Company; (g) use the Website in any way that violates any applicable
federal, state, local, or international law, rule or regulation
(including, without limitation, any laws regarding the export of
data or software to and from the United States of America or other
countries); (h) use the Website for the purpose of exploiting,
harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally
identifiable information, or otherwise; (i) use the Website to send,
knowingly receive, upload, download, use or re-use any material that
does not comply with these Terms and Conditions; (j) use the Website
to transmit, or procure the sending of, any advertising or
promotional material without our prior written consent, including,
without limitation, any “junk mail,” “chain letter,” “spam” or any
other similar solicitation; (k) use the Website to impersonate or
attempt to impersonate the Company, a Company employee, another user
or any other person or entity (including, without limitation, by
using email addresses associated with any of the foregoing); or (l)
use the Website to engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of the Website, or which, as
determined by us, may harm the Company or users of the Website or
expose them to liability.
Errors and Omissions Although the Company
uses its best efforts to provide Information that is accurate and up
to date at the time it is posted, the Company assumes no liability
or responsibility for any errors or omissions in the Information.
The Information may contain technical inaccuracies, typographical
errors or information that may have become outdated over time. While
the Company may revise the Information from time to time, the
Company does not undertake, and hereby disclaims, the duty to
correct, keep current or update the Information. The Company assumes
no liability or responsibility for any errors or omissions in the
Information or for any consequences relating directly or indirectly
to any action or inaction you take based upon the Information and
material on the Website. The Company makes no representations or
warranties as to the accuracy of the content of the Website. Your
use of the Website is subject to the additional disclaimers and
caveats that may appear throughout these Terms and Conditions and
the Website. You assume the entire risk of loss in using the Website
and materials contained on the Website.
THE COMPANY IS PROVIDING THE WEBSITE AND THE INFORMATION ON AN “AS
IS” AND “AS AVAILABLE” BASIS AND, EXCEPT AS MAY BE SET FORTH IN ANY
OTHER AGREEMENT BY AND BETWEEN YOU AND THE COMPANY, MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE
WEBSITE, THE INFORMATION OR ANY WEBSITE THAT IS HYPERLINKED HERETO
OR HEREFROM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE
INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Monitoring and Enforcement; Termination
We have the right to (a) take appropriate legal action, including,
without limitation, referral to law enforcement, for any illegal or
unauthorized use of the Website; and (b) terminate or suspend your
account and/or your access to all or part of the Website for any or
no reason, including, without limitation, any violation of these
Terms and Conditions or to assist with our fraud and abuse detection
and prevention efforts.
Without limiting the foregoing, we have the right to fully cooperate
with any law enforcement authorities or court order requesting or
directing us to provide information in connection with a violation
of these Terms and Conditions. YOU WAIVE, INDEMNIFY AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF
THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Disclaimer of Liability
Your access to, browsing of or use of the Website is at your own
risk. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER THE COMPANY NOR
ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING OR DELIVERING THE WEBSITE OR THE INFORMATION
SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES,
INCLUDING, WITHOUT LIMITATION, (A) DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA,
SOFTWARE OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR
PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY
PERSON OR ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR IN STATUTE,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY
REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING
OF OR USE OF THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED
HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT,
DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR
OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR
ACTION OR INACTION IN RELIANCE ON THE WEBSITE, THE INFORMATION OR
ANY WEBSITE HYPERLINKED HERETO OR HEREFROM.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS NOT PERMITTED
IN YOUR JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY’S
TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR
RELATING TO THESE TERMS AND CONDITIONS, THE WEBSITE, YOUR USE OF THE
WEBSITE, THE COMPANY’S PRODUCTS AND SERVICES OFFERED THROUGH THE
WEBSITE, THE INFORMATION OR THE PRIVACY POLICY, REGARDLESS OF THE
FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR
EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO
THE COMPANY FOR THE APPLICABLE SERVICE(S) GIVING RISE TO THE CLAIM
UNDER THESE TERMS AND CONDITIONS DURING THE TWELVE (12) MONTH PERIOD
PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR
$100, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM
SHALL NOT ENLARGE THIS LIMIT.
Please note that some jurisdictions may not allow the exclusion of
liability for incidental or consequential damages, so some of the
above exclusions may not apply to you.
Indemnification
As a condition to accessing, browsing or using the Website, you
agree to indemnify, defend and hold harmless the Company, its
affiliates and its and their respective directors, managers,
shareholders, members, officers, employees and agents from and
against any and all liabilities, expenses (including, without
limitation, attorney’s fees and court costs) and damages arising out
of or otherwise in connection with claims resulting from or
otherwise in connection with your access to, browsing of or use of
the Website, including, without limitation, any claims alleging
facts that, if true, would constitute a breach of these Terms and
Conditions.
Products and Services
The products and services described on the Website may not be
available in all geographic areas. Not all persons or entities are
eligible for all of the products or services described. The Company
reserves the right to determine, in its sole discretion, the
eligibility for any such product or service. The Company may at any
time and without notice make changes in, temporarily suspend or
permanently discontinue the products or services described on the
Website. Off-Website Links The third-party websites hyperlinked to
or from the Website are not under the control of the Company. The
Company has not reviewed any or all of the third-party websites
hyperlinked to or from the Website. The Company does not make any
representations or warranties regarding, and is not responsible for,
the content or accuracy of any third-party websites hyperlinked to
or from the Website. The products and services which can be
accessed, purchased or obtained through such third-party websites
are from persons or entities other than the Company. The Company
does not make any representations or warranties of any kind,
including warranty of merchantability or warranty of fitness for a
particular purpose, with regard to such services and products. If
you choose to hyperlink to or from any third-party website
hyperlinked to or from the Website, then doing so shall be at your
own risk and the Company recommends that you carefully review such
third-party websites’ terms and conditions and security and privacy
policies, as they may differ from those of the Company. Information
About You and Your Visits to the Website All information we collect
on the Website is subject to our Privacy Policy. By using the
Website, you consent to all actions taken by us with respect to your
information in compliance with our Privacy Policy and agree to it.
Prohibited Jurisdictions We make no claims that the Website or any
of its content is accessible or appropriate inside your
jurisdiction. Access to the Website may not be legal by certain
persons or in certain countries. If you access the Website, you do
so on your own initiative and are responsible for compliance with
local laws. Further, the Company does not authorize the downloading
or exportation of the Information or any software or technical data
from the Website to any jurisdiction which prohibits the downloading
or exportation of such Information or data or to any jurisdiction
which prohibits export control via local laws. Claims of Copyright
Infringement The Digital Millennium Copyright Act of 1998 (as
amended, the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the internet infringes their
rights under U.S. copyright law. If you believe in good faith that
materials hosted by the Website infringe your copyright, you (or
your agent) may send the Company a notice requesting that the
material be removed, or access to it be blocked. Such notice must
include: (a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been
infringed upon; (c) a description of where the material that you
claim is infringing is located on the Website; (d) your address,
telephone number, and e-mail address; (e) a statement that you have
a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (f) a statement, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf. Notices and counter-notices with
respect to the Website should be sent to the Company using the
contact information listed below. The Company suggests that you
consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under
the DMCA.
Severability
In the event that any one or more of the provisions contained in
these Terms and Conditions shall be declared invalid, void or
unenforceable, the remaining provisions of these Terms and
Conditions shall remain in full force and effect, and such invalid,
void or unenforceable provision shall be interpreted as closely as
possible to the manner in which it was written.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the
sole and entire agreement between you and the Company with respect
to the Website and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both
written and oral, with respect to the Website.
Contact Information
If you have any questions, comments or concerns about these Terms
and Conditions, then you may contact us on any of our official
social media channels.
