We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Website, with or without notice. In these Terms and Conditions, “Affiliated Entity” means any direct or indirect parent, subsidiary, sponsor, or affiliated entity of Company. You agree that neither Company nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, information and materials contained herein, software used to make the Website, or feature or product offered through the Website.
Permitted Use, Limited License and Authorization to Reproduce
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties appearing within the Website (collectively the “Trademarks”) are protected intellectual property, which includes registered and unregistered trademarks of Company, its affiliates, and others. Nothing contained on the Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Company or such third party that may own the Trademark displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
Unauthorized Use or Access
a. Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:
i. Anything that is or may be
(a) threatening, harassing, degrading, hateful, or intimidating;
(c) fraudulent or tortious;
(d) obscene, indecent, pornographic, or otherwise objectionable; or
(e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the holder of such right.
ii. Any material that
(a) would give rise to criminal or civil liability;
(b) contains or promotes violence, drug use, illegal gambling or other criminal activity;
(c) encourages conduct that constitutes a criminal offense; or
(d) encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
iii. Any virus, worm, “Trojan Horse,” “Easter egg,” time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
iv. Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
v. Any material, non-public information about any entity without the proper authorization to do so.
b. Use the Website for any fraudulent or unlawful purpose.
c. Use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
d. Impersonate any person or entity, including without limitation any representative of Company or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
e. Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies, or regulations of such networks.
f. Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
g. Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Company's express prior written consent.
h. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
i. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.
j. Remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.
k. Frame or mirror any part of the Website without Company's express prior written consent.
l. Create a database by systematically downloading and storing Website Content.
m. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.
The Website is controlled, operated, and administered by Company (or its licensees) from its offices within the United States of America and is not intended to subject Company to the laws or jurisdiction of any state, country, or territory other than that of the United States. Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Company may limit the Website's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose at any time and at its sole discretion. Note that your personal data, if you provide any, will be stored in Company databases (including local storage), Affiliated Entity databases, and/or databases managed by third party service providers, which are located within and outside of the United States. Such data will be automatically transferred to these databases, which may be located in countries where privacy rules differ and may be less stringent than those of the country in which you reside. If you visit our Website from a country in the European Union, you consent to such cross-border transfers of personal data to the United States.
Termination of Access
Accuracy of Information You Submit
You may be permitted to or asked to submit information of a business or personal nature to the Website. You expressly represent and warrant:
(a) that you have the authority to provide Company with all such information;
(b) that all such information may be used by Company for the purposes intended;
(c) that all such information shall be true, accurate, and complete; and
(d) that you will maintain and update such information as needed, such that the information remains true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your access to or use of the Website.
Links to Other Sites
As a service to you and for your convenience, the Website may provide links to third-party websites and online resources. We are not responsible for and do not endorse or sponsor those third-party websites and resources. Other sites may link to the Website with or without our authorization, and we may block any links to or from the Website without prior notice.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE PRIVACY POLICIES AND TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY SITES AND RESOURCES.
Any promotions or offers set forth on the Website are void where prohibited and are subject to the posting of any official rules pertaining to such promotions or offers.
You may choose to create an online account on the Website. You will need to access your account through a web browser. Company has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Services. To protect your online account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or account, please notify Company at [email protected]. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your online account information secure.
a. Technical Disclaimer: The material on this Website could include technical inaccuracies or other errors. Your use and browsing of the Website is at your risk. Company does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. Further, we do not promise THAT THIS WEBSITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.
b. General Disclaimer: WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED ENTITY, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS, OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THE WEBSITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE WEBSITE AND/OR ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Neither Company, nor any Affiliated Entity, nor any of their respective agents or consultants, nor any other party involved in creating, producing, or delivering the Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Website, its features, or any Content made available through the Website, even if advised in advance of such damages or losses, to the extent permitted by applicable law. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE, BUT EXPRESSLY EXCLUDES ANY TRANSACTIONS FOR THE PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
California Consumer Protection Information
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Governing Law; Forum
b. Any heading, caption, or paragraph title contained herein is inserted only as a matter of convenience, and in no way defines or explains any paragraph or provision hereof.
d. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, at Company's discretion (in the latter two situations, via the most recent address that we have on file).
f. By visiting the Website or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Last Updated on April 1, 2022