Terms of Service
TERMS AND CONDITIONS OF USE
Last Updated: December 15, 2013
1. NOTICE TO MINORS
You must be at least thirteen years old to use this Site. We do not knowingly collect personal information from children under thirteen. If you are under thirteen, please do not send any information about yourself to us, or to anyone else through this Site. Personal information includes, but is not limited to, your name, address, telephone number, or email address. If we learn we have collected any personal information from anyone under thirteen years old, we will immediately delete that information per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child under the age of thirteen, please contact us at email@example.com.
2. CHANGES TO THIS SITE AND TERMS
We will update these Terms from time to time in our sole discretion. Your continued use of the Site following the publishing of revised Terms means you accept and agree to the changes.We reserve the right to withdraw or amend this Site, and any content therein, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
3. CONSENT TO EMAILS
If you provide us with your email address, we may, from time to time, email you a newsletter regarding Site information or special offers. Please note that while it may be possible for you to opt out of promotional emails, you will not be permitted to opt out of emails from us relating to updates to our services or your account.
4. PERSONAL USE
Any limited license we grant to users does not include the right to collect, aggregate, copy, duplicate, display or derivatively use this Site or any portion thereof whether through the use of data mining tools, robots, spiders or similar data gathering and extraction tools or techniques; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to this Site. If you use any part of this Site in breach of these Terms, your right to use this Site will cease immediately and you must destroy any copies of this Site’s content you have made. No right, title or interest in or to this Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of this Site not expressly permitted herein is a breach of these Terms and may violate copyright, trademark and other laws.
5. PROHIBITED USES
You may use this Site only for lawful purposes and in accordance with these Terms. You agree not to:
• Use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• Transmit, or procure the sending of, any mass advertising or direct solicitation material;
• Impersonate or attempt to impersonate the Company or a Company employee, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing);
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the material on the Site;• Use any anual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.
6. MEMBER ACCESS TO PREMIUM SERVICES
Certain users who choose to purchase a membership from this Site (“Member”) will be granted access to areas of the Site beyond what normal users can visit. Such Members are required to create a username and password at the time they purchase a membership as a condition to accessing areas of the Site restricted to Members.
As a Member, you are granted a limited, revocable, nonsublicensable license to electronically copy and print portions of the Site for your informational, non-commercial and personal use only. This license is subject to these Terms and does not include or authorize: (a) any resale or commercial use of any content retrieved from the Site; (b) the distribution or public display of any content retrieved from the Site, (c) the modification or development of any derivative uses of the Site, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Site, except as expressly permitted; or (e) any use of the Site other than for its intended purpose. Any use of the Site or any of its content in any way other than that specifically authorized by these Terms, without Company’s prior written permission, is strictly prohibited and will result in the termination of the license granted herein. Unless explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. By becoming a member, you agree to pay Company the subscription fees indicated for that service. All membership payments will be made through a third party payment provider. Payments will be charged on the day your membership goes into effect and will cover the use of the selected membership level’s services for the period indicated. Thereafter, you agree monthly payments shall continue to be charged to your credit card on a recurring basis until you cancel your service. The amount charged will be the current subscription fee applicable to the membership level you selected. You acknowledge the amount of the recurring charge may increase if the applicable subscription fee increases. Membership must be cancelled prior to your monthly renewal in order to avoid billing of the next month’s membership fee. Membership fees are not prorated or refundable. If your payment method fails or your account is past due, the Company reserves the right to either suspend or terminate your membership. You agree to submit any disputes regarding any charge to your account in writing to Company within fifteen (15) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. As a ember, you will be granted access to this Site’s support ticket system. These support tickets will require a separate fee, payable at the time your support ticket is created. Upon submission of any support ticket, the Company or its affiliates will review said ticket and ssue a response. If a Member is unhappy with the response to the support ticket, you agree to submit a request for a refund, in writing, to Company within fifteen (15) days of receiving a response to your support ticket, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Company shall review all refund requests in a timely manner. Refunds for support tickets shall be issued at the sole discretion of Company. We reserve the right to disable any user, username, or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. You agree you shall immediately notify us of any unauthorized use of your username, password, or any other breach of security whatsoever. In order to safeguard your security, the security of this Site, and the user experience of others, you agree to log out of your account at the end of each session on the Site. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.
7. INTELLECTUAL PROPERTY RIGHTS
This Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. If you believe any content on this Site infringes upon a copyright you own or control, you may provide us with written notice of infringement at the following email address: firstname.lastname@example.org. It is the policy of the Company to terminate the user accounts of repeat infringers.
9. USER CONTRIBUTIONS AND LEGAL DISCLAIMER REGARDING SITE CONTENT
This Site contains user-generated content and may contain features that allow you to post, submit, publish, display or transmit content (collectively, “User Generated Content”) on or through this Site. All User Generated Content must comply with the Content Standards defined in Section 11, below. User Generated Content generally consists of support tickets filed by Members through this Site, and specifically excludes any content provided in response to such support tickets. Responses to support tickets, information in this Site’s “Knowledgebase” and any related content or materials, are collectively deemed “Professional Generated Content”. Although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Professional Generated Content. As a result, we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of Professional Generated Content or the qualifications of those posting Professional Generated Content. We shall have no responsibility or liability for any Professional
Generated Content you encounter on this Site, and any use or reliance on Professional Generated Content is solely at your own risk. You agree any User Generated Content provided by you to the Company or the Site is entirely voluntary, and shall become the sole property of Company. Company shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and promulgation of these materials for any purpose without acknowledgment or compensation to you. You represent and warrant you own or control all rights in and to your UserGenerated Content and have the right to grant Company and its affiliates the license specified above. You represent and warrant that your User Generated Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
You agree you are responsible for any User Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content provide to this Site, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company.
10. MONITORING AND ENFORCEMENT OF USER CONTENT; TERMINATION
We have the right to:
• Remove or refuse to post any User Generated Content for any or no reason in our sole discretion;
• Take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion if we believe that such User Generated Content violates these Terms, including the Content Standards defined below in Section 11, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public or could create liability for the Company;
• Disclose user identities when required to do so by applicable law, including in response to a law enforcement request supported by a valid court order;
• Terminate your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
11. CONTENT STANDARDS
These Content Standards apply to any and all User Generated Content. User Generated Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Generated Content must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
• Give the impression that they emanate from us or any other person or entity, if this is not the case.
12. RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general informational purposes. We do not endorse, nor warrant the accuracy, completeness or usefulness of this information, including any and all links to third party websites and the content therein. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
13. USER IDENTIFY VERIFICATION
User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We encourage you to use appropriate caution with anyone you may be doing business via this Site or the Internet, generally. If you are a Member, you agree to keep your username and password secure and strictly confidential; to notify us immediately and select a new username and password if you believe your password may have become known to an unauthorized third party; and to notify us immediately if you are contacted by anyone requesting your username and password. If you give someone your username and password, you authorize that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or you did not intend or want performed. Each user expressly agrees and understands that: neither this Site, nor any of its affiliates shall have any liability to any user for any unauthorized transaction made using any user’s username and password that occurs before such user has notified us of possible unauthorized use or such username and password and we have had a reasonable opportunity to act on that notice; and the unauthorized use of your username and password could cause you to incur liability to both this Site and other users.
We may suspend or cancel your account or access to this Site at any time, without notice, if we suspect your account is being used in an unauthorized or fraudulent manner.
14. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILTY AND INDEMNIFICATION
You acknowledge you have only a limited, non-exclusive, nontransferable license to use the Site. The Site may not be completely bug-free. Therefore, you agree that you will use it carefully and avoid using it ways that might result in any loss of your or any third party’s property or information.
Your use of this Site is at your sole risk. The service is provided on an “as is” and “as available” basis. In particular, you acknowledge that technical support is only provided in only available via email, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site; that the technical processing and transmission of the service, including User Generated Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. While we attempt to make use of the Site safe, we cannot and do not represent or warrant the Site is free of viruses or other harmful components. We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected. You expressly understand and agree the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into hrough or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Site, including, without limitation, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site. If you are a California resident, you specifically waive California Civil Code section 1542, which states 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.” If you are a resident of a state other than the State of California, you specifically waive any terms or protections of any statute of your own state that may have similar intent. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one year after the claim or cause of action first arises.
15. GEOGRAPHIC RESTRICTIONS
Company is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. GOVERNING LAW AND CONSENT TO ARBITRATION
These Terms, and any dispute or claim arising out of, or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any dispute relating in any way to these Terms or this Site shall be submitted to confidential arbitration in the State of California. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
17. WAIVER AND SEVERABILITY
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and governs your use of the Site, superseding any prior agreements (including, but not limited to, any prior versions of these Terms and Conditions of Use). If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
We welcome any comment, question and communication at email@example.com.