Last revised: May 25, 2020
1. Ownership of the Site
2. Site Access, Security and Restrictions; Passwords
User may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.
4. Links to Other Sites
Company makes no representations whatsoever about any other website that User may access through this Site. When User accesses a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to User to take precautions to ensure that whatever User selects for User’s use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If User decides to access any of the third party websites linked to this Site, User does so entirely at their own risk.
5. User Generated Content, Reviews, Feedback, Activity and other Postings to the Site
If User submits, uploads or posts any comments, ideas, suggestions, information or other materials to us or our Site (“User Generated Content”), User agrees not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) contains or transmits a virus or any other harmful component, (4) is unlawful, fraudulent, or deceptive, or (5) includes spam or any unsolicited advertising. User agrees not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. User represents and warrants to Company that User has the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to User any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. User grants Company the right to use the name that User submits in connection with any User Generated Content. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. User is and shall remain solely responsible for the content of any User Generated Content User makes. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by User or any third party.
In no event may the Sites be used in a manner that (a) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Company or Content; (b) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) attempts to gain unauthorized access to Company’s computer network or user accounts; (d) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (e) violates these Terms; (f) attempts to damage, disable, overburden, or impair Company’s servers or networks; (g) impersonates any person or entity or otherwise misrepresents User’s identity or affiliation with another person or entity; or (h) fails to comply with applicable third party terms (collectively "Acceptable Use"). Company reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Site, remove Content, or assert legal action with respect to Content or use of the Site that Company reasonably believes is or might be in violation of these Terms. Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
User agrees to defend, indemnify and hold Company harmless from and against all third party claims, damages, suits, costs, lawsuits, fines, penalties, liabilities and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content User posts or allow to be posted to the Site, or User conducts in connection with Company’s sites and mobile applications. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
6. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. USER IS RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY USERS NEEDS FOR DATA BACK UP AND SECURITY.
7. Limitation of Liability Regarding Use of Site
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO USER WITH RESPECT TO USERS USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
9. Dispute Resolution.
10. Revisions; General