Updated April 2019
As used herein, “User” or “Users” means anyone who accesses and/or uses the Site.
1. Description of the Services
2. Collection of Personal Data
We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
4. Proprietary Rights
5. Content of Site
We are not responsible if information on the Site, including information downloaded from the Site, is not accurate, complete or current. Any reliance on the material in the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site, including any unavailability of the Site.
We undertake no obligation to update, amend or clarify information on the Site. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.
6. Prohibited Conduct
You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:
- use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
- attempt to gain unauthorized access to the Site, or the computer systems or networks connected to the Site through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- interfere or attempt to interfere with the proper working of the Site;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions, including any laws protecting the Intellectual Property and Proprietary Content); or
- use the Site for any commercial purpose whatsoever other than for your personal use.
You understand that the processing and transmission of communications relating to the use of the Site, including your personal data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. No data transmission over the Internet or any information stored on your device, by us, or any third party can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or through the Site. You engage in such transmissions at your risk. Moreover, you agree that we will not be liable for the security, timeliness, deletion, misdelivery or failure to store any data, including on your device, or information or content transmitted by you through the Site.
WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make no representation or warranty that (i) the Site will meet your expectations or requirements, (ii) the Site will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site will be accurate, timely, complete or reliable; and (iv) any errors in the Site will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site.
While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We shall not be liable for damages because of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of our representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
8. Limitation on Liability
IN NO EVENT SHALL WE TOGETHER WITH OUR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PARTNERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (1) ANY LOST, DELETED, CORRUPTED, FALSE, OR INACCURATE DATA STORED OR DISPLAYED ON YOUR DEVICE OR IN ANY LOCATION, INCLUDING DATA STORED ON ANY SERVER OR DATA TRANSMITTED TO ANY LOCATION;
(2) ANY DAMAGE OR LOSS OF USE OR DAMAGE TO THE DEVICE ON WHICH THE SITE IS INSTALLED; (3) LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (4) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site in our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your access to the Site, we may delete and/or store, in our discretion, data associated with your use of the Site. In the event of termination, we have no further obligations to you, including any obligation to preserve any data generated by your use of the Site and any liability under this Agreement in regard to such data.
We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and we are not responsible for compliance with all local laws and regulations that may apply to such access.