Terms of Use
Terms Of Use
Updated: March 7, 2012
This website is offered to you conditioned on your acceptance without modification of these Terms. Your use of this website constitutes your agreement to these Terms.
Acceptable Use Limitation
This website is provided for your benefit. Your right to use this website is personal to you. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful, or prohibited by these Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from this website, except as expressly provided herein.
In addition, you may not use the products or services provided through or in connection with this website to: defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorised advertising, promotional materials, unsolicited email or multi-level marketing campaigns, publish, post, distribute, disseminate or link to any inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks” or other programs written to defeat the security measures of any computer, system or programs) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that you cannot legally sell, are misrepresented, and/or if sold via this website would cause anyone to violate any law, statute or regulation harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; restrict or inhibit any other user from using and enjoying this website, interfering with or disrupting this website or servers or network connected to this website; or, violate any applicable government laws or regulations.
The information provided by this website to you may be proprietary in nature. We are not obligated to monitor the content on this website. However, with respect to the use of the products and services offered on this website, we reserve the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from this website, in our sole discretion, without notice at any time.
Software Available on this website
Software (if any) that is made available to download from or otherwise through this website, excluding software that may be made available by third parties via this website, (”Software”) is the copyrighted work of this website and/or its suppliers. Your use of the Software is governed by these Terms, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software (”License Agreement”). To the extent that the License Agreement conflicts with the Terms, and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, we hereby grant to you, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using this particular website in accordance with the applicable Terms, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by this website and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to export restrictions.
Liability Disclaimer
The information, software, products, services and other material included in or available through this website may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this website should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.
Your access to and use of this website, and products and services of this website, is at your own risk. This website, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of this website, or such products or services. We makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of this website, or such products or services. Without limiting the foregoing, THIS WEBSITE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THIS WEBSITE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER NOR FOR ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ITS RELATED SERVICES, SAVE THAT WHERE YOU HAVE PAID ANY FEE DIRECTLY TO THIS WEBSITE IN RESPECT OF SERVICES PROVIDED OR TO BE PROVIDED, THIS WEBSITE WILL REFUND ANY PORTION OF THE FEE WHICH RELATES TO SERVICES NOT PROVIDED.
You agree to defend, indemnify and hold this website and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of these Terms (including, without limitation, violation of applicable Additional Terms of Use), or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with us or your use of this website.
Access Restriction
We reserve the right to deny in its sole discretion any user access to this website or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s), user name(s) or identifiers issued to you by this website, and for any use or misuse of your account or this website resulting from any third party using a password, user name or identifier issued to you.
Termination
We may terminate this Agreement and your access to this website (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by us to have violated these Terms, or any Additional Terms may be barred from using this website, or from receiving any products, services or benefits from this website. In addition, if you violate any of these Terms, or Additional Terms (as applicable) you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with this website.
Copyright & Trademark Notices
All contents of this website are copyrighted, with all rights reserved.
Any rights not expressly granted herein are reserved by us.
Changes to this Statement
We will occasionally update these Terms of Use. When we do, we will also revise the “last modified” date at the top of this document. For material changes to this statement, we will notify you by placing a prominent notice on this website.
Contact Information
We welcome your comments regarding this statement. Please contact us using the Contact page.