Use of This Website

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use (“site terms”) apply to your use of this website (the “site”). They do not alter in any way the terms or conditions of any other agreement you may have with us. By using this site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these site terms. If you are using the site on behalf of any entity, you further represent and warrant that you are authorized to accept these site terms on such entity’s behalf, and that such entity agrees to indemnify us for violations of these site terms.

Privacy Policy

We are committed to protecting your privacy. Please refer to our privacy policy for information on how we collect, use and disclose personal information.

Ownership Of The Site And Its Contents

Unless otherwise indicated, all of the content featured or displayed on this site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (our content), is owned by us, our licensors, or our third-party image partners.

All elements of the site, including the content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use Of The Site

This site and the content are intended for our customers. You may not use this site or the content for any purpose not related to your business with us. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the site or the content without, or in violation of, a written license or agreement with us. (b) using any data mining, robots or similar data gathering or extraction methods. (c) manipulating or otherwise displaying the site or the content by using framing or similar navigational technology. (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our products or services if you are not expressly authorized by such party to do so. (e) using the site or the content other than for its intended purpose. Such unauthorized use may violate not only our terms of use, but also applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, email, privacy, and the transmission of technical data exported from the United States, Canada or the country in which you reside.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who infringe our or any third party intellectual property rights.

 

Copyright Complaints

If you believe that any material on the site infringes upon any copyright that you own or control, you may file a notification of such infringement with us. We may give notice of a claim of copyright infringement by means of a general notice on the site, electronic mail to a user’s email address, or by written communication sent by mail to a user’s address.

Trademarks

Our trademarks, logo, and any other product or service name or slogan contained in the site are our or our suppliers or licensors trademarks. They may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing our name or any other name, trademark or product or service name of ours without our prior written permission. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use our logo or other proprietary graphic of ours to link to this site without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the content, without our written consent.

We make no claim or representation regarding, and we accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the site, or websites linking to the site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the site, you should be aware that our terms of use and policies no longer govern. You should review the applicable terms of use and policies, including privacy and data gathering practices, of any site to which you navigate from the site.

Your participation, correspondence or business dealings with any third party found on or through the site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Indemnification

You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, attorneys’ fees) arising out of or related to any user content that you post, store or otherwise transmit on or through the site, your conduct, your use or inability to use the site, your breach or alleged breach of the site terms or of any representation or warranty contained herein, your unauthorized use of the content, or your violation of any rights of another.

Disclaimer

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WE AND OUR DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

We use reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability.

We offer a search feature within the site. We explicitly disclaim any responsibility for the content or availability of information contained in our search index or directory. We also disclaim any responsibility for the completeness or accuracy of any directory or search result.

Some countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation Of Liability

IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL WE AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE.

Applicable Law And Venue

Any dispute relating in any way to your use of the site or the content shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the site terms, whether through class arbitration proceedings or otherwise.

Termination

Notwithstanding any of these site terms, we reserve the right, without notice and in our sole discretion, to block your use of the site.

Miscellaneous Provisions

Any waiver of any provision of the site terms will be effective only if in writing and signed by us. If any clause in these site terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes To The Terms Of Use

We reserve the right to change any of the terms and conditions contained in the site terms or any policy or guideline of the site, at any time and in our sole discretion. When we make changes, we will revise the “last updated” date at the top of the site terms. Any changes will be effective immediately upon posting on the site. Your continued use of the site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the site terms whenever you visit our website.