Last Updated: February 24, 2014
CHANGES TO THIS AGREEMENT
The Site reserves the right to update this Agreement at any time. If the Site makes any changes to this Agreement, it will revise the “last updated” date at the start of this page. The Site encourages you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of any modifications. Your continued use of the Site following any changes shall be deemed to be your acceptance of such changes, regardless of whether or not you have reviewed them. If you do not wish to be bound by this Agreement, you are not authorized to use the Site.
The Site takes all reasonable steps to ensure that the Site is available at all times, however, websites do encounter downtime due to server and other technical issues. Additionally, the Site may be temporarily unavailable due to maintenance or repair. The Site is not liable if the Site is unavailable at any time or for any period.
The Site enables you to post comments and other content (“Submissions”) to the blog section of the Site. The Site does not, and shall not, have any obligation to review Submissions. Accordingly, the Site does not guarantee the accuracy, integrity or quality of Submissions and cannot guarantee that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Site. The Site has the right, but not the obligation, to monitor, alter, edit, refuse to post and/or remove any Submissions posted to the Site, in whole or in part, for any reason or for no reason. The Site has no responsibility and assumes no liability for any Submissions by you or any third party.
By posting Submissions to the Site, you warrant and represent that you own the proprietary rights to the Submissions; the Submissions do not, and will not, infringe upon any party’s intellectual property, publicity, privacy, or other rights; and the Submissions are not defamatory or libelous. Furthermore, you agree not to post or otherwise submit to the Site any Submissions that: (a) are fraudulent; (b) are designed to interfere with the operations or Services of this Site in any way; (c) infringe upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including the promoting of an illegal or unauthorized copy of another person’s copyrighted work; (d) are offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harass or harm, or advocate the harassment or harming of another person; (e) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” or solicit PII from other visitors to the Site; (f) promote information that is false or misleading; (g) promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) link to materials or other content, directly or indirectly, to which you do not have the right to link to or which competes in any manner with the Site; or (i) violate any applicable local, state, national, or international law. You may not use a false e-mail address, impersonate any person or entity, or otherwise attempt to hide the origin of any Submissions.
Use of the Site is for personal use only and may not be used by you, directly or indirectly, in connection with any commercial endeavors. The Site gives you a personal, royalty-free, revocable, non-assignable and non-exclusive license to access and make personal use of the Services and not to download (other than page caching) or modify, any portion of the Services or this Site. You may not sublicense, assign, transfer or encumber any part of your rights to use the Services. This license does not include any resale or commercial use of the Site; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Without limiting the foregoing, you may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any the software utilized by the Site in providing the Services.
Unless the Site indicates otherwise, if you post Submissions you grant the Site a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Site the right to use the name that you submit in connection with such Submissions, if desired. No Submissions shall impose any obligation on the Site, whether of attribution or otherwise, and the Site shall not be liable for any use or disclosure of any such Submissions.
All content, including without limitation any pictures, logos, images and text, appearing on the Site is the property of the Site or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of the Site or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. Your use of the Site grants you no right or license to reproduce or otherwise use any of the Trademarks.
As the Site asks others to respect its intellectual property rights, it too respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please notify the Site (firstname.lastname@example.org) and provide the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Site actual knowledge of facts or circumstances from which infringing material or acts are evident. The Site suggests that you consult your legal advisor before filing a notice with the Site as penalties can be assessed for false claims under the DMCA.
LINKS TO AND FROM THE SITE
Any links to third party websites located on the Site are provided for your convenience only. Because the Site has no control over unaffiliated websites, you acknowledge and agree that the Site is not responsible for the availability of such websites, does not endorse such websites, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. If you choose to access a third party website linked to from the Site it is at your own risk.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
DISCLAIMER OF WARRANTIES
THE SERVICES OF THE SITE ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR ACCURACY. THERE IS NO ASSURANCE OR GUARANTEE OF SATISFACTION WITH THE SERVICES. THE SITE AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE OR THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT THAT THE SITE, THE SERVICES, OR THE VARIOUS SERVERS OF THIRD PARTIES FROM WHICH E-MAIL, SURVEYS, ETC. MAY BE SENT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY PROVIDERS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITING THE FOREGOING, THE SITE DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (B) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING ON OR THROUGH WEBSITES OPERATED BY ANY THIRD PARTY PROVIDERS) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARISING FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNEES, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF THE SITE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. UNDER NO CIRCUMSTANCES WILL THE SITE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE SITE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE SITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
GOVERNING LAW AND VENUE
You acknowledge and agree that this Agreement shall be governed by, and construed in accordance with, the internal laws of the State of New York and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and/or that such courts are an inconvenient forum. The Site is controlled and operated from New York, New York. The Site does not represent that materials on the Site are appropriate or available for use outside of New York, New York. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with all applicable local. Please note that your use of the Site may be subject to other local, state, national, and international laws.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or this Agreement.
The Site may terminate your access to any or all parts of the Site at any time, with or without cause and with or without notice. If you wish to terminate this Agreement you may simply discontinue using the Site. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.