Except as indicated in a secure area of the Services, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to us via the Services or Internet electronic mail, is our exclusive property and is not confidential. WE CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO US. Unless otherwise stated, we are entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to us and accepts entire responsibility for its accuracy, appropriateness and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations and common law rules).
If you use our Services in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.
Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Services are to be used by you for your personal use only. Commercial uses of the Services are strictly prohibited unless prior written consent from us has been granted.
You agree that you will not use our Services for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
You represent and warrant to us that nothing submitted by you to the Services shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule or regulation, (iii) infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. We reserve the right to delete any such material from our Services.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or our consultant. You further agree not to use an inappropriate user name of any kind.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Services; (iv) your telephone number, address and e-mail address; (v) 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 and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the Services is:
Upon receipt by us of notice of claimed copyright infringement containing the information specified above, we will promptly remove the allegedly infringing material from our Services. We shall have no liability to any user of the Services for the removal of any such material.
The Services, any service offered on or through the Services, and the entire contents and software used with the Services, are provided "as is" and “as available” without warranty of any kind whatsoever. We expressly disclaim all warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of performance or course of dealing. We make no warranty or guaranty that the contents of the Services are complete, error-free, or that the site will operate in a manner that is secure (unless otherwise indicated), uninterrupted or error-free, or that the Services are or will be maintained free of viruses or other harmful code. It is up to you to take any and all precautions to ensure that the information you access and use from the Services is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Changes may be made to the contents and software on the Services, and the products and services described within or offered on the site, at any time without notice. We use reasonable efforts to include accurate and up to date information on the site. We are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions.
By using our Services, you agree that we will not, for any reason or circumstance, and regardless of legal theory, whether in tort, contract, or otherwise, be liable to you or any other party for any direct, indirect, incidental, consequential, punitive, or any other damages, however caused, and regardless of character, including without limitation lost profits, lost savings, loss of programs or other data on your information handling system or otherwise, even if we have been advised of the possibility of any such damages. The foregoing limitation of liability applies, by way of example but without limitation, to any damages arising out of or in connection with (i) your access to, use of, or inability to use, the site (including any service offered on or through the site), or (ii) any errors or omissions in the content of, or performance of the software on, the site (including any service offered on or through the site). Some jurisdictions do not allow the exclusion of consequential or incidental damages, so such exclusions may not apply to you. However, such exclusions shall be enforceable to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Services or (ii) violation of any of these Terms.
The Services and all information, documentation, and other content (“Content”) posted in or on the Services have been licensed from the respective copyright owners or are our copyright material. All rights reserved. Unless stated to the contrary, all Content is our property or that of third party licensors. By making this Content available on the Services, we are not waiving any proprietary rights (including copyrights or trademarks) in such Content, and are not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Services, and the appearance of the Services, including icons and graphics (“Marks”), are service marks/trademarks, registered service marks/trademarks and/or trade dress of ours or our third party licensors. Unauthorized use is prohibited.
You agree not to remove copyright, trademark or other notices from any Content or Marks you may get from the Services. You cannot download or copy any content from the Services without our prior written consent except for your individual use. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Services, or any related software.
To the extent links are provided through or from the Services to other Web sites, we do not operate or control any information, products or services on, nor endorse nor approve any products, services or information offered at those sites.
In the event that we determine, in our sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, we may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Services; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which we deem to be appropriate.
These Terms are effective unless and until terminated by us. We may terminate all or part of the Services at any time without notice to you. Upon any termination of these Terms or the Services, you must promptly destroy all materials downloaded or otherwise obtained from our Services, as well as all copies of such materials.
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.