Terms of Service



Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Site, also referred to as "us", "we", or "our".

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated as part of the Terms. If you disagree with any part of the Terms, you must immediately stop using the Site.

Site Use

Content

The Site may contain: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including in some cases those owned by us; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Site and the Content is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, you are granted a non-exclusive, non-transferable, revocable license to use the Site and Content as set out in these Terms. We may revoke this license at any time in our sole discretion. All rights not expressly granted to you are reserved by us and our licensors and other third parties. Except as expressly provided, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright and trademark. Any unauthorized use of the Content or Site for any purpose is prohibited.

Restrictions

You may not use the Site unless you are at least 13 years old.

You agree not to access the Site or Content using automated means (such as harvesting bots, robots, spiders, or scrapers). A limited exception to this is made for publicly-accessible search engines, provided that you abide by the restrictions in our robots.txt file and you do not charge for access. You agree not to use the Site or Content other than as contemplated by these Terms. You agree not to upload viruses or other malicious code or links to the Site. You agree not to send spam or unsolicited advertisements through the Site. You agree not to engage in any activity on the Site that is unlawful, harmful, offensive, explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, or invasive of someone else’s privacy. You agree not to do anything that could disable, overburden, or impair the proper working or appearance of the Site or Content, such as a denial of service attack or interference with page rendering or other functionality. You agree not to reverse engineer or modify the Site or Content. You agree not to violate or facilitate or encourage any violations of these Terms or any Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Site and Content.

Notwithstanding the foregoing, nothing in these Terms restricts a consumer’s right to make any statement regarding us or our employees or agents, or concerning any of our goods or services.

Availability

We may suspend or terminate the availability of the Site and Content, in whole or in part, to any individual user or all users, for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site and Content.

Links to Other Websites

Our Site may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE SITE IS PROVIDED “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM A COMPUTER VIRUS, AND NON-INFRINGEMENT. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM OUR INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Limitation of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR FAILURE TO RECEIVE ANY SERVICES, SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE; (B) THESE TERMS; OR (C) YOUR MISUSE OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT, INDEMNIFICATION, STRICT LIABILITY, DATA BREACH, INFRINGEMENT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM OUR INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnification

You agree to indemnify and hold us harmless from all damages, costs, liabilities, and claims or demands made by you or any third party, including reasonable attorney’s fees and costs, arising out of or in connection with any of the following: (i) your breach of alleged breach of these Terms, including (but not limited to) by submitting inaccurate information; (ii) your misuse of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a third party service; or (vii) your negligent, malicious, or illegal act. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.

This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.

Updates to Terms

We reserve the right to revise and reissue these Terms at any time. Any changes will be effective immediately upon posting of the revised Terms. Your continued use of our Site indicates your consent to the Terms then posted.

General Provisions

Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Site, including sections on Site Use (except for the limited license), Disclaimer of Warranties, Limitations of Our Liability, Indemnification, Updates to Terms, and General Provisions, will survive.

Severability; Interpretation; Assignment

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. We may also assign our rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of a representative of us.

Complete Agreement; No Waiver

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances or discussion related to the Site. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

International Issues

We control and operate the Site from the U.S., and we make no representation that the Site is appropriate or available for use beyond the U.S. Software related to or made available by the Site may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Investigations; Cooperation with Law Enforcement

We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Site. We may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

New Jersey Rights

The sections on Indemnification, Limitation of Our Liability, and Disclaimer of Representations and Warranties do not apply to New Jersey residents.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Contact Us

If you have any questions or comments about these Terms, please e-mail us via the form on this website.