Agreement to Terms
The information provided on the site is not intended for distribution to 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.
This site is not tailored to comply with industry specific regulations (Health Insurance Portability and Accountability Act, Federal Information Security Management Act, etc.), so if your interactions would be subjected to such laws, you may not use this site. You may not use this site in a way that would violate the Gramm, Leach Bliley Act.
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, noncommercial use. We reserve all rights not expressly granted to you in and to the site, the content, and the marks.
If you provide any information that is untrue, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site.
You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use this 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 or improved by us.
As a user of the site, you agree not to:
1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection compilation database or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site or the content contained therein.
4. Disparage, tarnish, or harm us or the site.
5. Use any information obtained from the site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the site in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the site.
9. Upload or transmit viruses, Trojan horses, or other material including excessive use of capital letters and spamming that interferes with any parties' uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use of features, functions, operations, or maintenance of the site.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining robots or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any content.
12. Attempt to impersonate another user or person or use the username of another user.
13. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, pixels, web bugs, cookies, or other similar devices.
14. Interfere with, disrupt, or create an undue burden on the site or the network or services connected to the site.
15. Harass, annoy, intimidate, or threaten any of your employees or agents engaged in providing any portion of the site to you.
16. Attempt to bypass any measures of the site designed to prevent or restrict access to the site or any portion of the site.
18. Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the site.
19. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system including, without limitation, any spider robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the site.
21. Make any unauthorized use of the site, including collecting usernames, email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
22. Use this site as part of any effort to compete with us or otherwise use this site or content for any revenue generated endeavor or commercial enterprise.
23. Use this site to advertise or offer to sell goods and services.
24. Sell or otherwise transfer your profile.
User Generated Contributions
The site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, graphs, graphics, comments, suggestions, or personal information, or other material. Contributions may be viewable by other users of the site and through third party websites. As such, any contributions you transmit may be treated as non confidential and non proprietary. When you create or make available any contributions you thereby represent and warrant that:
1. The creation, distribution, transmission, public display for performance, and the accessing, downloading, or copying of your transcriptions, do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your contributions are not false, inaccurate, or misleading.
5. Your contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are not obscene, lewd, filthy, violent, harassing, slanderous or otherwise objectionable.
7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people.
9. Your contributions do not violate any applicable law, regulation, or rule.
10. Your contributions do not violate the privacy or publicity rights of any third party.
11. Your contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well being of minors.
12. Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your contributions to any part of site, you automatically grant, represent, and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non exclusive, transferable, royalty free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cachet, publicly perform, publicly display, reformat, translate, transmit, exert, and distribute such contributions for any purpose, commercial, advertising, or otherwise and to prepare derivative works of or incorporate into other works such contributions and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name as applicable and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over the contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
We have the right in our sole and absolute discretion (1) to edit, redact, or otherwise change any contributions, (2) to recategorized any contributions to place them in more appropriate locations on the site, and (3) to prescreen or delete any contributions at any time and for any reason without notice. We have no obligations to monitor your contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site provided by you to us are non confidential 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 that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
Third Party Website and Content
We allow advertisers to display their advertisement and other information in certain areas of the site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the site and any services provided on the site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the site, including but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements and we have no other relationship with advertisers.
and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof, (4) 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 any size or in any way burdensome to our systems, and (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.
We respect the intellectual property rights of others. If you believe that any material available on or through the site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misinterpretations in a notification. Thus, if you are not sure that the material located on or linked to by the site infringes your copyright, you should consider firstcontacting an attorney.
Terms and Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake, or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
Modifications 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, price change, suspension, or discontinuance of the site.
If the parties are unable to resolve a dispute through informal negotiation, the dispute will be finally and exclusively resolved by binding arbitration. You understand that without this provision you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American Arbitration Association and where appropriate, the AAA's supplementary procedures for consumer related disputes, both of which are available at the AAA's website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person through the submission of documents, by phone, or online. The arbitration will make a decision in writing but need not provide a statement of reason, unless requested by either party. The arbitration must follow applicable law and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or application law, the arbitration will take place in Virginia. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any dispute brought by either party related in any way to the site be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then either party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts list for jurisdiction above and the parties agree to submit the personal jurisdiction of that court.
The parties agree that any arbitration shall be limited to this dispute between the parties individually to the full extent permitted by law. No arbitration shall be joined with any other proceeding. There is no right or authority for any dispute to be arbitrated on a class action basis or to utilize class action procedures and there is no right or authority for any dispute to be brought in a purported representative capacity on brhalf of the general public or any other persons.
Exceptions to Arbitration
The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration:
(A) any disputes seeking to enforce or protect or concerning the validity of any of the intellectual property rights of a party, (B) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use, and (C) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable. As such, disputes shall be decided by a court or competent jurisdiction within the courts listed for jurisdiction above and the parties agree to submit to the personal jurisdiction of that court.
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.
This site is provided on an as is and as available basis. You agree that your use of this site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, 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 linked to the site, and we will assume no liability or responsibility for any, (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and or any and all personal information and or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) 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 advertiser offered by a third party through the site, any hyperlinked website or any website or mobile application featured in any banner or other advertising, 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 where appropriate.
Limitations of Liability
In no event will we or 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 lost profit, lost revenue, loss of data, or other damages arising from your use of this site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you and for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six month period prior to any cause of action arising. Certain
U.S. state laws and international 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.
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 regular 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 or delivery or retention of non electronic records or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
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 N Market Blvd, Ste #112, Sacramento, CA 95834 or by telephone at 800-952-5210 or 916-445-1254.
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at email@example.com.