To access and use certain services available through the Site, you may be required to have a user account with us and you must agree to be bound by any additional applicable terms and conditions contained there.
2. Collection of Visitor Information on the Site.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks“) used and displayed in the Site are registered and unregistered Trademarks of us and others. Nothing in the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed in the Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.
6. Other Intellectual Property.
All other intellectual property rights related to the software, technology, and content included in the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are our owned or licensed property. Any use of these rights without our prior written permission is strictly prohibited.
7. Reserved Rights.
You may not: (i) reproduce, modify, prepare derivative works based upon, translate, tamper with, distribute, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (ii) reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software included in the Site; (iii) use the Site in a manner that interferes with other users' use of the Site; (iv) link to, mirror or frame any portion of the Site; or (v) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.
10. Additional Prohibited Activities and Visitor Obligations.
As a visitor to or user of the Site you shall not:
- violate any applicable law, rule, or regulation;
- upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- Post any publicly available content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, “chain letters, “pyramid schemes, or any other form of solicitation;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- interfere with or otherwise limit the use of the Site by other users;
- collect, compile, or store personal information about other users of the Site;
- disrupt or interfere with the security of, operation of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites;
- modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site;
- use the Site in a manner that could cause us to violate any law, rule or regulation; or
- use any robot, spider, scripts, other automatic device, or manual process to “screen scrape,” index, monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior, express, and written permission; or
- use the Site for your own commercial purposes.
11. User Content; Monitoring Activity.
12. Your Account.
Information on the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right, but have no obligation, to correct any errors, inaccuracies, or omissions and to discontinue, change or update information or products or services at any time without notice to you.
14. Disclaimer of Warranties and Limitation of Liability.
THE SITE AND ALL CONTENT, PRODUCTS, DATA, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION THAT THE SITE OR ANY CONTENT, DATA OR MATERIAL IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT, DATA OR MATERIAL PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow the exclusion of or 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, exclusions, or limitations may not apply to you, and you might have additional rights. In these states, our liability shall be limited to the extent permitted by law.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR AGGREGATE LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THE SITE EXCEED FIVE U.S. DOLLARS (USD $5.00).
16. Links to Other Websites.
17. Third Party Providers of Functionality.
18. Continued Operation, Accessibility, and Maintenance of the Site.
We may modify, change, suspend, terminate, or discontinue the operation of the Site or the provision of any services therein without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
Any and all comments, suggestions, and similar materials or information that you send or submit to us in connection with the Site, by a Post or otherwise (collectively, “Submissions“), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
20. General Provisions.
You are responsible for compliance with applicable laws.