TERMS AND CONDITIONS OF USE
GENERAL RULES AND DEFINITIONS.
- The Authorized Parties may change, suspend or discontinue the Website, including the availability of any Content (defined below) displayed thereon, at any time. The Authorized Parties may also impose limits on certain features and/or services of the Website without notice or liability.
- You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Content, or take any action whatsoever in derogation of Owner’s rights thereto. You acknowledge and agree that you will not acquire or claim any rights in the Content, or aid and abet anyone else in doing so.
- To request written authorization of Owner for reproduction of the Content, please contact email@example.com.
2. YOUR LICENSE TO ACCESS CONTENT AVAILABLE ON THE WEBSITE.
3. PROHIBITED USE OF THE SERVICES.
- You may not access or use, or attempt to access or use, the Website to take any action that could harm Owner or any third party. You may not use the Website in violation of applicable laws or in violation of Owner’s intellectual property rights or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any Content available thereon, or make any unauthorized use thereof. Without Owner’s prior written consent, you shall not:
- access any part of the Website, Content, data or information you do not have permission or authorization to access;
- use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Website, or otherwise access or collect the Content, data or information from the Website using automated means;
- use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Website in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Website;
- cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
- take action that imposes an unreasonable or disproportionately large load on the Website’s network or infrastructure; and
- do anything that could disable, damage or change the functioning or appearance of the Website or Content.
- Engaging in a prohibited use of the Website or Content may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.
4. YOUR WARRANTIES.
- You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Website.
5. DISCLAIMER OF WARRANTIES.
- THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW. OWNER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE WEBSITE; (II) THE CONTENT AVAILABLE THROUGH THE WEBSITE; AND/OR (III) SECURITY ASSOCIATED WITH THE WEBSITE. IN ADDITION, OWNER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
- OWNER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
6. DISCLAIMERS/LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES WILL OWNER BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (I) THE WEBSITE; (II) THE CONTENT; (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (IV) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (V) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF OWNER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL OWNER BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE OWNER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
- YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OWNERS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITE, CONTENT, OR OTHER MATERIALS OWNED OR CONTROLLED BY OWNER, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE, CONTENT, OR ANY OTHER MATERIALS OWNED OR CONTROLLED BY OWNER.
- BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
8. INVESTIGATION. Owner reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
9. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS.
- The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Owner to any registration requirement within such jurisdiction or country.
- Owner controls and operates the Website from offices located in the United States and makes no representations or warranties that the Content made available on the Website is appropriate for use or access in other locations. Anyone using or accessing the Website from a location outside of the United States does so on their own initiative and is responsible for compliance with all applicable laws of the United States, including local laws governing acceptable content, if and to the extent such local laws are applicable. Owner reserves the right to limit the availability of the Website, Content, or any portion of the Website or Content to any person, geographic area, or jurisdiction, at any time and in Owner’s sole discretion.