Effective: February 1, 2019
All content on the Company’s website, such as text, images, video clips, graphics, logos and software contained on the Company’s website is owned, controlled or licensed by or to Company or its related business entities, and is protected by trademark, copyright, and patent laws, and various other intellectual property rights and unfair competition laws. The software associated with the Company’s website, and the compilation of all content on this site is the exclusive property of Company or its related business entities (or is otherwise under license) and protected by U.S. and international copyright laws. Except as expressly provided in these Terms, no part of the Company’s website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent. If you become aware of any objectionable content on the Company’s website, please contact us and report it to us. We will address each request and take the necessary measures to deal with such content. Company respects the rights of its users. If you believe your work has been copied in any way that constitutes copyright infringement, please contact Company at email@example.com in accordance with the requirements of the DMCA takedown notice under 15 U.S.C. § 512(c)(3).
Using the Company’s Website and Services
Company grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in these Terms.
As a User of the Company’s website, you may not: (1) reproduce or publish any portion of the Services in any manner other than as expressly permitted in these Terms; (2) use the Services to create any derivative products; (3) resell, relicense, or redistribute the Services in whole or in part; (4) use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (5) use the Services for any purpose that is defamatory, obscene, libelous, unlawfully threatening or unlawfully harassing.
Prohibition of Either Linking or Framing
You will not establish or attempt to establish a link between the Company’s website or its content and any other website, or permit anyone else to establish or attempt to establish a link. You will not frame or attempt to frame any page or portion of the Company’s website.
Links to Third Parties
THE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC MEDICAL, HEALTH CARE, COMMERCIAL OR OTHER ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA RECEIVED FROM THE USER AND/OR THIRD PARTIES, AND SUBJECT TO FREQUENT CHANGE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN ”AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY USER OF THE SERVICES SHALL BE ENTIRELY AT USER’S OWN RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. USER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO USER’S USE OF THE SERVICES. THE COMPANY’S WEBSITE MAY CONTAIN CONTENT AND MATERIALS THAT MAY BE CONSIDERED SEXUALLY EXPLICIT OR OTHERWISE OFFENSIVE TO SOME AUDIENCES. IF YOU BELIEVE YOU MAY BE OFFENDED BY SUCH CONTENT OR MATERIALS, YOU HAVE THE OPTION TO NOT USE THIS WEBSITE.
Limitation of Liability
Although Company takes all reasonable and necessary precautions, it cannot guarantee or warrant that the content, information or files available on or for downloading from the Company’s website will be free from infection, corruption, viruses, worms, Trojan horses or other codes that possess contaminating or destructive properties. By using the Company’s website and agreeing to these Terms, you understand and acknowledge that any content, files or information downloaded or otherwise obtained through the use of our website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such content, files or information.
COMPANY SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. USER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO USER ABSENT SUCH LIMITATIONS.
User agrees to indemnify and hold Company harmless from and against all claims of third parties arising from (1) your use of the Services or (2) your violation of any the Terms described herein. If you are obligated to indemnify Company, then Company may control the defense of any claim at your cost and expense, and you may not settle the claim without the consent of Company. This obligation will survive these Terms and your use of the Company’s website and Services.
User understands that he or she is waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, User acknowledges that he or she has read and understand, and User hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state, country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
These Terms will be governed, construed and applied by the laws of the state in which Company is located without reference to its conflict of laws principles. All disputes arising out of or related to these Terms and your use of the Company’s website shall be subject to the exclusive jurisdiction of the state in which the Company is located, and the parties agree and submit to the personal and exclusive jurisdiction and venue of such state’s courts. These Terms supersede all prior and contemporaneous agreements between you and the Company’s website relating to the Services provided by Company. The invalidity or unenforceability of any provision in these Terms will not affect the validity or enforceability of any other provision described herein.
THE USE OF THE COMPANY’S WEBSITE AND ITS CONTENT IS SUBJECT TO THE FOREGOING TERMS. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE COMPANY’S WEBSITE, YOU AGREE TO THE FOREGOING TERMS, NOTWITHSTANDING ANY LICENSE AGREEMENTS YOU MAY HAVE SEPARATELY ENTERED. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE COMPANY’S WEBSITE.