Terms & Conditions
[PLEASE REVIEW THESE TERMS, WE ARE NOT ATTORNEYS AND ARE NOT GIVING LEGAL ADVICE. IN ADDITION THESE TERMS NEED TO BE EDITED TO YOUR COMPANY (SEE RED AREAS BELOW). ONCE THEY ARE AS YOU WISH PLEASE DELETE THIS NOTICE]
These terms are between you and [COMPANY], herein referred to We, Us or COMPANY.
Acceptance of Terms.
Password and Security
You will receive a password and account designation from us. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Our website may contain bulletin boards, chat rooms or other message or communication facilities (collectively, “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. You acknowledge that chats, postings, conferences and other communications by other users are not endorsed by us our subsidiaries, employees and affiliates, and such communications shall not be considered reviewed, screened or approved by us.
We have the right but not the obligation to monitor and edit or remove any activity or content posted on a Forum. We take no responsibility and assumes no liability for any content posted by you or any third party. We reserves the right to deny in its sole discretion any user access to Forums without notice.
Copyright and Trademark Notice
All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are our sole property, our Copyright, or our suppliers, except where specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, re-transmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
All materials on this site are the property of this company, our subsidiaries and affiliates, used under license to us, unless otherwise specified. Without our prior written permission, you may not copy, reproduce, republish, upload, post, transmit, modify, display or prepare derivative works based upon the materials on this site. Modification of the materials or use of the materials for any other purpose violates our copyright and other proprietary rights. Note that any product or service referenced on this site may be subject to other proprietary rights reserved by us and are not licensed hereunder. All rights not expressly granted herein are reserved.
Our logos are our trademarks in the United States and/or other countries. All other trade names, trademarks, logos, and service marks on the sites are the property of their respective owners.
Intellectual Property Infringement Claims
It is our policy to respond expeditiously to any claims of intellectual property infringement. Upon receipt of a notice of a violation, we will take appropriate actions under the Digital Millennium Copyright Act and other intellectual property laws. Such action may include removing potentially infringing material from the any Forum or disabling access or reference to linkages. If you believe your work has been wrongfully used or copied, please contact us via email or the contact form on this website.
Such notice should also contain:
- Description of the work that you claim has been infringed;
- Description where that work is located on the site;
- Your address, telephone number and e-mail address;
- Statement by you that you have a good faith belief that the disputed use is not authorized;
- Statement by you under penalty of perjury that the above information is accurate and that you are the owner of the intellectual property interest or authorized to act on his or her behalf; and
- Electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.
Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
THE SITES, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
WE, AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITES, SERVICES, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
You shall defend, indemnify, and hold us harmless, our affiliates and each of our, subsidiaries, affiliates, employees, officers, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Sites, Services, Content, or otherwise from violation of these Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of ours). We reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability.
ALL LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITES, SERVICES, OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES , PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES , PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, OR CONTENT:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Dispute Resolution & Governing Law.
The following arbitration and governing law provisions shall apply:
Integration and Severability.
Last Updated February 1, 2019