Last Updated: June 14, 2019
- ACCESSING THE WEBSITE
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
- USER ACCOUNTS
You may not impersonate someone else, create, claim or use an account for anyone than yourself, provide an email address other than your own, or create multiple accounts. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to safeguard your password and to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website contains various content and materials in the form of text, information, images, photos, graphics, audio, video, and in other forms of data or communication (“Content”). Some of the Content is created by the Company (“Our Content”); however, the Website contains interactive features and funcationality (collectively, “Interactive Services”) that allow you to post, submit, publish, link, store, display, transmit, or otherwise make available certain Content (“Your Content”), and that allow others to likewise post, submit, publish, link, store, display, transmit, or otherwise make available certain Content (“User Content”). In addition, there may be Content that originates from parties other than the Company or your or its other users (“Third Party Content”). Your Content, User Content, and Third Party Content are referred to collectively herein as “Contributed Content”.
You understand and acknowledge that you are fully responsible for Your Content and you, not the Company, assume all risk associated with Your Content, including its legality, reliability, accuracy, and appropriateness. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- INTELLECTUAL PROPERTY RIGHTS
As between you and the Company, you own your Content, subject however to the license granted above. The Website and Our Content, and all features and functionality, including the Interactive Services, and all design, selection, and arrangement and compilation of Content, all other elements and components of the Website, excluding Contributed Content, are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- COPYRIGHT INFRINGEMENT
We have a policy of limiting access to the Website and terminating the accounts of users who infringe the intellectual property rights of others, including but not limited to those users who are repeat infringers or are repeatedly charged with infringement. If you believe that anything on our Website infringes any copyright that you own or control, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against The Company and its users any claims and assertions of any moral rights contained in such Feedback.
- MONITORING AND ENFORCEMENT
We have the right to:
- Remove or refuse to post any Contributed Content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF THEM OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, 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 section.
- PROHIBITED USES
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any intellectual property laws or laws regarding the export of data or software to and from the US or other countries.
- Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors.
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.
- Write a fake review, trade reviews with other businesses, or compensate someone or be compensated to write or remove a review;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- RELIANCE ON INFORMATION POSTED
We do not warrant the accuracy, completeness, or usefulness of the Content and other information presented on or through the Website. Any reliance you place on such Content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed thereon by or any other visitor to the Website, or by anyone who may be informed of any of its Contents.
All statements and/or opinions expressed in Contributed Content are solely the opinions and the responsibility of the person or entity providing such Content. Contributed Content does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for Contributed Content.
- LINKING TO THE WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of approval or endorsement on our part without our express written consent.
- LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in profiles, advertisements, or sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- GOVERNING LAW AND JURISDICTION
- LIMITATION ON TIME TO FILE CLAIMS
You may terminate the Terms at any time by closing your account, discontinuing your use of the Website, and providing the Company with a notice of termination.
We may close your account, suspend your ability to access or use certain portions of the Website, and/or ban you altogether from the Website for any or no reason, and without notice or penalty or liability of any kind. Any such action could prevent you from accessing your account, the Website, Your Content, or any other related information. Upon termination, your right to use the Website will immediately cease.
- WAIVER AND SEVERABILITY
- ENTIRE AGREEMENT
- COMMENTS AND CONCERNS
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.