Last Updated: March 26, 2017
Please read the Agreement carefully. If you do not agree to any of the provisions set out in the Agreement, you should not use the Website. By accessing or using the Website, subscribing to a Member Account, or by viewing, accessing, uploading, or downloading any information or content from or to the Website, you represent and warrant that you have read and understood the Agreement, and agree to abide and be bound by them.
This Agreement remains in full force and effect while you use the Website. All provisions of the Agreement shall survive termination of use by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right to change, alter, replace, or otherwise modify the Agreement at any time. The date of last modification is stated at the beginning of this page. It is your responsibility to check this link/page from time to time for updates.
- WEBSITE UPTIME, MAINTENANCE, AND AMENDMENTS
The Company makes no warranties or guarantees as to uptime. If you believe the Website is not functioning properly, please direct all comments to firstname.lastname@example.org. You understand that the Company’s services and data are ever-evolving. As a result, the Company may require temporary shutdowns or downtime to implement maintenance procedures and revisions. You acknowledge that the Company may revise or temporarily shut down the Website, or portions of the Website, without notifying you.
You agree that, in order to continually improve the Website, Company may, from time to time, amend the Website, Website features, and functionality. You are encouraged to continually check the Website and the Agreement for notices on updates and improvements.
- INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as it is created and owned by you.
- You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
- REPORTING CLAIMS OF COPYRIGHT INFRINGMENT
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Website, you may request removal of those materials from the Website by submitting written notification to our Copyright Agent at email@example.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your name.
- The name and description of the work that is being infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- RELIANCE ON INFORMATION POSTED
We do not warrant the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- THIRD PARTY CONTENT, PRODUCT AND SERVICE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content, product or service of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of a third party content, product or service regardless of whether or not you’ve paid for such third party content, product or service. If you decide to access any of the third party content, product or service linked to on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or platforms that accompany any third party content, product or service.
Occasionally, some of the links provided on the Website will be affiliate links, and we will be provided a fee if you purchase any of the content, product or service linked to on the Website. The fees have not been increased to compensate the Company, nor does the receipt of a fee constitute a partnership, joint venture, employee or agency relationship with the third party connected to the affiliate link, and providing the third party content, service or product. Our receipt of payment does not guarantee we’ve tested the content, product or service, or guarantee a result, that your use of the third party content, product or service is safe or secure, or provide a warranty of any kind not explicitly listed in this Agreement.
Nonetheless, we seek to protect the integrity of the Website and welcome any feedback regarding third party content, product or services linked to on the Website.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” 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 INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE 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.
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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 CONTENT ON THE WEBSITE, OR SUCH OTHER INFORMATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, 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.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Agreement, or your use of the Website and/or Subscription Services.
- GOVERNING LAW AND JURISDICTION
All matters relating to the Website and the Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
- ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and the Company as to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements, representations, and understandings between us, whether orally or in writing, except as may be expressly incorporated by reference into this Agreement.
- CUSTOMER SUPPORT
The Company will provide customer service and support for the Subscription Services by email. The Company will make reasonable efforts to respond to all support inquiries within 48 hours of receipt of the email. For technical support, please contact firstname.lastname@example.org.