Terms of Service
These Terms of Use constitute a legally
binding agreement made between you,
whether personally or on behalf of an
entity (“you”) and
Open Spatial Lab
("
Company
," “we," “us," or “our”),
concerning your access to and use of the
https://hub.openspatial.io/
website as well as any other media form,
media channel, mobile website or mobile application
related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you
have read, understood, and agreed to be bound by
all of these Terms of Use. IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Site
from time to time are hereby expressly
incorporated herein by reference. We
reserve the right, in our sole
discretion, to make changes or
modifications to these Terms of Use
at any time and for any reason
. We will alert you about any changes by
updating the “Last updated” date of these
Terms of Use, and you waive any right to
receive specific notice of each such change.
Please ensure that you check the applicable
Terms every time you use our Site so that
you understand which Terms apply. You will
be subject to, and will be deemed to have
been made aware of and to have accepted,
the changes in any revised Terms of Use by
your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site 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
us to any registration requirement
within such jurisdiction or country.
Accordingly, those persons who choose to
access the Site from other locations do
so on their own initiative and are
solely responsible for compliance with
local laws, if and to the extent local
laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health
Insurance Portability and Accountability
Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.),
so if your interactions would be
subjected to such laws, you may not use
this Site. You may not use the Site in a
way that would violate the
Gramm-Leach-Bliley Act (GLBA).
Unless otherwise indicated, the Site is
our proprietary property and all source
code, databases, functionality,
software, website designs, audio, video,
text, photographs, and graphics on the
Site (collectively, the “Content”) and
the trademarks, service marks, and logos
contained therein (the “Marks”) are
owned or controlled by us or licensed to
us, and are protected by copyright and
trademark laws and various other
intellectual property rights and unfair
competition laws of the United States,
international copyright laws, and
international conventions. The Content
and the Marks are provided on the Site
“AS IS” for your information and
personal use only. Except as expressly
provided in these Terms of Use, no part
of the Site and no Content or Marks may
be copied, reproduced, aggregated,
republished, uploaded, posted, publicly
displayed, encoded, translated,
transmitted, distributed, sold,
licensed, or otherwise exploited for any
commercial purpose whatsoever, without
our express prior written permission.
Provided that you are eligible to use
the Site, you are granted a limited
license to access and use the Site and
to download or print a copy of any
portion of the Content to which you have
properly gained access solely for your
personal, non-commercial use. We reserve
all rights not expressly granted to you
in and to the Site, the Content and the
Marks.
By using the Site, you
represent and warrant that:
(1) all
registration
information
you
submit
will be
true,
accurate,
current,
and
complete;
(2
) you
will
maintain
the
accuracy
of such
information
and
promptly
update
such
registration
information
as
necessary
;
(3)
you
have
the
legal
capacity
and
you
agree
to
comply
with
these
Terms
of
Use;
(4
) you are not a minor in the
jurisdiction in which you reside
; (
5) you will not access the Site
through automated or non-human
means, whether through a bot,
script, or otherwise; (6) you will not use the Site for
any illegal or unauthorized
purpose; and (7) your use of the Site will not
violate any applicable law or
regulation.
If you provide any information
that is untrue, inaccurate, not
current, or incomplete, we have
the right to suspend or
terminate your account and
refuse any and all current or
future use of the Site (or any
portion thereof).
You may be
required to
register with
the Site. You
agree to keep
your password
confidential and
will be
responsible for
all use of your
account and
password. We
reserve the
right to remove,
reclaim, or
change a
username you
select if we
determine, in
our sole
discretion, that
such username is
inappropriate,
obscene, or
otherwise
objectionable.
You may not access or use the
Site for any purpose other than
that for which we make the Site
available. The Site may not be
used in connection with any
commercial endeavors except
those that are specifically
endorsed or approved by us.
As a user of
the Site, you
agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the
Site
as
part
of
any
effort
to
compete
with
us
or
otherwise
use
the
Site
and/or
the
Content
for
any
revenue-generating
endeavor
or
commercial
enterprise.
6.
USER
GENERATED
CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use
of the
Site in
violation
of the
foregoing
violates
these
Terms of
Use and
may
result
in,
among
other
things,
termination
or
suspension
of your
rights
to use
the
Site.
7.
CONTRIBUTION
LICENSE
You agree that we may access,
store, process, and use any
information and personal data
that you provide following the
terms of the Privacy Policy and
your choices (including
settings).
By submitting suggestions or
other feedback regarding the
Site, you agree that we can use
and share such feedback for any
purpose without compensation to
you.
We do not assert any ownership
over your Contributions. You
retain full ownership of all of
your Contributions and any
intellectual property rights or
other proprietary rights
associated with your
Contributions. We are not liable
for any statements or
representations in your
Contributions provided by you in
any area on the Site. You are
solely responsible for your
Contributions to the Site and
you expressly agree to exonerate
us from any and all
responsibility and to refrain
from any legal action against us
regarding your Contributions.
8.
SOCIAL MEDIA
As part of the functionality of the Site, you
may link your account with online accounts you
have with third-party service providers (each
such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account
login information through the Site; or (2)
allowing us to access your Third-Party Account,
as is permitted under the applicable terms and
conditions that govern your use of each
Third-Party Account. You represent and warrant
that you are entitled to disclose your
Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the
terms and conditions that govern your use of the
applicable Third-Party Account, and without
obligating us to pay any fees or making us
subject to any usage limitations imposed by the
third-party service provider of the Third-Party
Account. By granting us access to any
Third-Party Accounts, you understand that (1) we
may access, make available, and store (if
applicable) any content that you have provided
to and stored in your Third-Party Account (the
“Social Network Content”) so that it is
available on and through the Site via your
account, including without limitation any friend
lists and (2) we may submit to and receive from
your Third-Party Account additional information
to the extent you are notified when you link
your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you
have set in such Third-Party Accounts,
personally identifiable information that you
post to your Third-Party Accounts may be
available on and through your account on the
Site. Please note that if a Third-Party Account
or associated service becomes unavailable or our
access to such Third Party Account is terminated
by the third-party service provider, then Social
Network Content may no longer be available on
and through the Site. You will have the ability
to disable the connection between your account
on the Site and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any
purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we
are not responsible for any Social Network
Content. You acknowledge and agree that we may
access your email address book associated with a
Third-Party Account and your contacts list
stored on your mobile device or tablet computer
solely for purposes of identifying and informing
you of those contacts who have also registered
to use the Site. You can deactivate the
connection between the Site and your Third-Party
Account by contacting us using the contact
information below or through your account
settings (if applicable). We will attempt to
delete any information stored on our servers
that was obtained through such Third-Party
Account, except the username and profile picture
that become associated with your account.
9.
SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas,
feedback, or other information regarding
the Site ("Submissions") provided by you
to us are non-confidential and shall
become our sole property. We shall own
exclusive rights, including all
intellectual property rights, and shall
be entitled to the unrestricted use and
dissemination of these Submissions for
any lawful purpose, commercial or
otherwise, without acknowledgment or
compensation to you. You hereby waive
all moral rights to any such
Submissions, and you hereby warrant that
any such Submissions are original with
you or that you have the right to submit
such Submissions. You agree there shall
be no recourse against us for any
alleged or actual infringement or
misappropriation of any proprietary
right in your Submissions.
10.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via
the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound,
video, information, applications, software, and
other content or items belonging to or
originating from third parties ("Third-Party
Content"). Such Third-Party Websites and
Third-Party Content are not investigated,
monitored, or checked for accuracy,
appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party
Content posted on, available through, or
installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or
contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any
Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof
by us. If you decide to leave the Site and
access the Third-Party Websites or to use or
install any Third-Party Content, you do so at
your own risk, and you should be aware these
Terms of Use no longer govern. You should review
the applicable terms and policies, including
privacy and data gathering practices, of any
website to which you navigate from the Site or
relating to any applications you use or install
from the Site. Any purchases you make through
Third-Party Websites will be through other
websites and from other companies, and we take
no responsibility whatsoever in relation to such
purchases which are exclusively between you and
the applicable third party. You agree and
acknowledge that we do not endorse the products
or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused
by your purchase of such products or services.
Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to
you relating to or resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
We reserve the right, but not the
obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2)
take appropriate legal action against
anyone who, in our sole discretion,
violates the law or these Terms of Use,
including without limitation, reporting
such user to law enforcement
authorities; (3) in our sole discretion
and without limitation, refuse, restrict
access to, limit the availability of, or
disable (to the extent technologically
feasible) any of your Contributions or
any portion thereof; (4) in our sole
discretion and without limitation,
notice, or liability, to remove from the
Site or otherwise disable all files and
content that are excessive in size or
are in any way burdensome to our
systems; and (5) otherwise manage the
Site in a manner designed to protect our
rights and property and to facilitate
the proper functioning of the Site.
12.
PRIVACY
POLICY
We care about
data privacy and
security.
Please review
our Privacy
Policy:https://hub.openspatial.io/privacy .
By using the
Site, you agree
to be bound by
our Privacy
Policy, which is
incorporated
into these Terms
of Use. Please
be advised the
Site is hosted
in the
United
States . If you access
the Site from
any other region
of the world
with laws or
other
requirements
governing
personal data
collection, use,
or disclosure
that differ from
applicable laws
in
the
United
States , then through
your continued
use of the Site,
you are
transferring
your data to
the
United
States , and you agree
to have your
data transferred
to and processed
in
the
United
States .
These Terms of Use shall remain
in full force and effect while
you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND
USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR
DELETE
YOUR
ACCOUNT
AND
ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are
prohibited from registering and
creating a new account under
your name, a fake or borrowed
name, or the name of any third
party, even if you may be acting
on behalf of the third party. In
addition to terminating or
suspending your account, we
reserve the right to take
appropriate legal action,
including without limitation
pursuing civil, criminal, and
injunctive redress.
We reserve the right to change,
modify, or remove the contents
of the Site at any time or for
any reason at our sole
discretion without notice.
However, we have no obligation
to update any information on our
Site. We also reserve the right
to modify or discontinue all or
part of the Site without notice
at any time. We will not be
liable to you or any third party
for any modification, price
change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site
will be available at all times.
We may experience hardware,
software, or other problems or
need to perform maintenance
related to the Site, resulting
in interruptions, delays, or
errors. We reserve the right to
change, revise, update, suspend,
discontinue, or otherwise modify
the Site at any time or for any
reason without notice to you.
You agree that we have no
liability whatsoever for any
loss, damage, or inconvenience
caused by your inability to
access or use the Site during
any downtime or discontinuance
of the Site. Nothing in these
Terms of Use will be construed
to obligate us to maintain and
support the Site or to supply
any corrections, updates, or
releases in connection
therewith.
These Terms of Use and your use
of the Site are governed by and
construed in accordance with the
laws of
the
State of
Illinois
applicable to agreements made and
to be entirely performed within
the
State
of
Illinois
, without
regard to
its conflict
of law principles.
Informal
Negotiations
To
expedite
resolution
and
control
the
cost
of
any
dispute,
controversy,
or
claim
related
to
these
Terms
of
Use
(each
"Dispute"
and
collectively,
the
“Disputes”)
brought
by
either
you
or
us
(individually,
a
“Party”
and
collectively,
the
“Parties”),
the
Parties
agree
to
first
attempt
to
negotiate
any
Dispute
(except
those
Disputes
expressly
provided
below)
informally
for
at
least
ninety
(90)
days
before
initiating
arbitration.
Such
informal
negotiations
commence
upon
written
notice
from
one
Party
to
the
other
Party.
If
the
Parties
are
unable
to
resolve
a
Dispute
through
informal
negotiations,
the
Dispute
(except
those
Disputes
expressly
excluded
below)
will
be
finally
and
exclusively
resolved
through
binding
arbitration.
YOU
UNDERSTAND
THAT
WITHOUT
THIS
PROVISION,
YOU
WOULD
HAVE
THE
RIGHT
TO
SUE
IN
COURT
AND
HAVE
A
JURY
TRIAL.
The
arbitration
shall
be
commenced
and
conducted
under
the
Commercial
Arbitration
Rules
of
the
American
Arbitration
Association
("AAA")
and,
where
appropriate,
the
AAA’s
Supplementary
Procedures
for
Consumer
Related
Disputes
("AAA
Consumer
Rules"),
both
of
which
are
available
at
the
AAA
website:
www.adr.org
.
Your
arbitration
fees
and
your
share
of
arbitrator
compensation
shall
be
governed
by
the
AAA
Consumer
Rules
and,
where
appropriate,
limited
by
the
AAA
Consumer
Rules.
If
such
costs
are
determined
by
the
arbitrator
to
be
excessive,
we
will
pay
all
arbitration
fees
and
expenses.
The
arbitration
may
be
conducted
in
person,
through
the
submission
of
documents,
by
phone,
or
online.
The
arbitrator
will
make
a
decision
in
writing,
but
need
not
provide
a
statement
of
reasons
unless
requested
by
either
Party.
The
arbitrator
must
follow
applicable
law,
and
any
award
may
be
challenged
if
the
arbitrator
fails
to
do
so.
Except
where
otherwise
required
by
the
applicable
AAA
rules
or
applicable
law,
the
arbitration
will
take
place
in
Cook
,
Illinois
.
Except
as
otherwise
provided
herein,
the
Parties
may
litigate
in
court
to
compel
arbitration,
stay
proceedings
pending
arbitration,
or
to
confirm,
modify,
vacate,
or
enter
judgment
on
the
award
entered
by
the
arbitrator.
If
for
any
reason,
a
Dispute
proceeds
in
court
rather
than
arbitration,
the
Dispute
shall
be
commenced
or
prosecuted
in
the
state
and
federal
courts
located
in
Cook
,
Illinois
,
and
the
Parties
hereby
consent
to,
and
waive
all
defenses
of
lack
of
personal
jurisdiction,
and
forum
non
conveniens
with
respect
to
venue
and
jurisdiction
in
such
state
and
federal
courts
.
Application
of
the
United
Nations
Convention
on
Contracts
for
the
International
Sale
of
Goods
and
the
Uniform
Computer
Information
Transaction
Act
(UCITA)
is
excluded
from
these
Terms
of
Use.
The
Parties
agree
that
any
arbitration
shall
be
limited
to
the
Dispute
between
the
Parties
individually.
To
the
full
extent
permitted
by
law,
(a)
no
arbitration
shall
be
joined
with
any
other
proceeding;
(b)
there
is
no
right
or
authority
for
any
Dispute
to
be
arbitrated
on
a
class-action
basis
or
to
utilize
class
action
procedures;
and
(c)
there
is
no
right
or
authority
for
any
Dispute
to
be
brought
in
a
purported
representative
capacity
on
behalf
of
the
general
public
or
any
other
persons.
The
Parties
agree
that
the
following
Disputes
are
not
subject
to
the
above
provisions
concerning
informal
negotiations
and
binding
arbitration:
(a)
any
Disputes
seeking
to
enforce
or
protect,
or
concerning
the
validity
of,
any
of
the
intellectual
property
rights
of
a
Party;
(b)
any
Dispute
related
to,
or
arising
from,
allegations
of
theft,
piracy,
invasion
of
privacy,
or
unauthorized
use;
and
(c)
any
claim
for
injunctive
relief.
If
this
provision
is
found
to
be
illegal
or
unenforceable,
then
neither
Party
will
elect
to
arbitrate
any
Dispute
falling
within
that
portion
of
this
provision
found
to
be
illegal
or
unenforceable
and
such
Dispute
shall
be
decided
by
a
court
of
competent
jurisdiction
within
the
courts
listed
for
jurisdiction
above,
and
the
Parties
agree
to
submit
to
the
personal
jurisdiction
of
that
court.
There may be
information on the Site
that contains
typographical errors,
inaccuracies, or
omissions, including
descriptions, pricing,
availability, and
various other
information. We reserve
the right to correct any
errors, inaccuracies, or
omissions and to change
or update the
information on the Site
at any time, without
prior notice.
THE SITE IS PROVIDED ON
AN AS-IS AND
AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF
THE SITE AND OUR
SERVICES WILL BE AT YOUR
SOLE RISK. TO THE
FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR
USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR
COMPLETENESS OF THE
SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND
WE WILL ASSUME NO
LIABILITY OR
RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT
AND MATERIALS, (2)
PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER,
RESULTING FROM YOUR
ACCESS TO AND USE OF THE
SITE, (3) ANY
UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE
SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION
AND/OR FINANCIAL
INFORMATION STORED
THEREIN, (4) ANY
INTERRUPTION OR
CESSATION OF
TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR
THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND
MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY
KIND INCURRED AS A
RESULT OF THE USE OF ANY
CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT
WARRANT, ENDORSE,
GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH
THE SITE, ANY
HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN
ANY BANNER OR OTHER
ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE
FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY
MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION
WHERE APPROPRIATE.
IN NO EVENT WILL WE OR
OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY
DIRECT, INDIRECT,
CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM
YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN
ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
You agree to defend,
indemnify, and hold us
harmless, including our
subsidiaries,
affiliates, and all of
our respective officers,
agents, partners, and
employees, from and
against any loss,
damage, liability,
claim, or demand,
including reasonable
attorneys’ fees and
expenses, made by any
third party due to or
arising out of:
(1) use of the
Site; (2) breach of
these Terms of
Use; (3) any breach of
your
representations
and warranties
set forth in
these Terms of
Use; (4) your
violation of the
rights of a
third party,
including but
not limited to
intellectual
property rights;
or (5) any overt
harmful act
toward any other
user of the Site
with whom you
connected via
the Site.
Notwithstanding
the foregoing,
we reserve the
right, at your
expense, to
assume the
exclusive
defense and
control of any
matter for which
you are required
to indemnify us,
and you agree to
cooperate, at
your expense,
with our defense
of such claims.
We will use
reasonable
efforts to
notify you of
any such claim,
action, or
proceeding which
is subject to
this
indemnification
upon becoming
aware of it.
We will maintain
certain data that you
transmit to the Site for
the purpose of managing
the performance of the
Site, as well as data
relating to your use of
the Site. Although we
perform regular routine
backups of data, you are
solely responsible for
all data that you
transmit or that relates
to any activity you have
undertaken using the
Site. You agree that we
shall have no liability
to you for any loss or
corruption of any such
data, and you hereby
waive any right of
action against us
arising from any such
loss or corruption of
such data.
Visiting the Site,
sending us emails, and
completing online forms
constitute electronic
communications. You
consent to receive
electronic
communications, and you
agree that all
agreements, notices,
disclosures, and other
communications we
provide to you
electronically, via
email and on the Site,
satisfy any legal
requirement that such
communication be in
writing. YOU HEREBY
AGREE TO THE USE OF
ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED
BY US OR VIA THE SITE.
You hereby waive any
rights or requirements
under any statutes,
regulations, rules,
ordinances, or other
laws in any jurisdiction
which require an
original signature or
delivery or retention of
non-electronic records,
or to payments or the
granting of credits by
any means other than
electronic means.
If any complaint with
us is not satisfactorily
resolved, you can
contact the Complaint
Assistance Unit of the
Division of Consumer
Services of the
California Department of
Consumer Affairs in
writing at 1625 North
Market Blvd., Suite N
112, Sacramento,
California 95834 or by
telephone at (800)
952-5210 or (916)
445-1254.
These Terms of Use and
any policies or
operating rules posted
by us on the Site or in
respect to the Site
constitute the entire
agreement and
understanding between
you and us. Our failure
to exercise or enforce
any right or provision
of these Terms of Use
shall not operate as a
waiver of such right or
provision. These Terms
of Use operate to the
fullest extent
permissible by law. We
may assign any or all of
our rights and
obligations to others at
any time. We shall not
be responsible or liable
for any loss, damage,
delay, or failure to act
caused by any cause
beyond our reasonable
control. If any
provision or part of a
provision of these Terms
of Use is determined to
be unlawful, void, or
unenforceable, that
provision or part of the
provision is deemed
severable from these
Terms of Use and does
not affect the validity
and enforceability of
any remaining
provisions. There is no
joint venture,
partnership, employment
or agency relationship
created between you and
us as a result of these
Terms of Use or use of
the Site. You agree that
these Terms of Use will
not be construed against
us by virtue of having
drafted them. You hereby
waive any and all
defenses you may have
based on the electronic
form of these Terms of
Use and the lack of
signing by the parties
hereto to execute these
Terms of Use.
In order to
resolve a
complaint
regarding the
Site or to
receive further
information
regarding use of
the Site, please
contact us at:
These terms of use were created using
Termly's Terms and Conditions Generator.