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
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.
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.
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.
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.
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.
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.
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
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.
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.