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.