Availability and Use of the Website
- We attempt to provide the best possible experience for users of the Website. However, you acknowledge and agree that the features and functionality of the Website may change from time to time without prior notice to you.
- As part of our continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) making the Website (or any features within the Website) available to you or to users generally at our sole discretion, without prior notice to you.
- We have the right to restrict your access to the Website, without notice to you, at any time for any or no reason, and with no liability to you.
- You are responsible for all of your activities on the Website, including compliance with these Terms. You agree that you will use the Website in compliance with all applicable laws and regulations, and that you will not engage in any activity that interferes with or disrupts the Website (or any servers and networks that are connected to the Website). Without limiting that general statement, you will not:
- Take any action that would interfere with or disrupt the integrity or performance of the Website, including any use of the Website by others;
- Collect or disclose any information about other users of the Website without their express written consent; or
- Copy any text, photos, graphics, recordings, proprietary software, images, or other content or materials included on or made available through the Website (collectively, Content).
- Unless otherwise noted, all Content appearing on the Website is our proprietary intellectual property, and is subject to protection under United States and international copyright and trademark laws. In addition, we retain all rights, title and interest in the Website, all Content, and all underlying technology and data, including any enhancements and improvements thereto.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be included on the Website.
- You may not access the Content included on the Website for any purpose other than your personal use. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, resell, license, modify, create derivative works from, or use or frame on any other site, any Content provided through or obtained from the Website.
- You will not attempt to access any proprietary or confidential information contained in the Website, including by reverse engineering, decompiling, disassembling, copying, using, disclosing or transferring the underlying source code or structure or sequence of any of our technology, or deleting or altering any author attributes or copyright notices.
Exclusion of Warranties
- You expressly understand and agree that your use of the WEBSITE is at your sole risk and that the WEBSITE IS provided as is and as available. We expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
- In particular, without limiting the foregoing, neither we nor our licensors represent or warrant to you that:
- Your use of the Website will meet your requirements;
- Your use of the Website will be uninterrupted, timely, secure or free from error;
- The Website or the server(s) that make the Website available are free from viruses or anything else harmful;
- Any information obtained by you as a result of your use of the Website will be accurate or reliable; or
- Any defects in the operation or functionality of any software provided to you through the Website will be corrected.
- Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- Some jurisdictions do not allow the limitation or exclusion of certain warranties, so the above limitations may not apply to you. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Limitation of Liability
- You expressly understand and agree that neither we nor our licensors will be liable to you for Any direct, indirect, incidental, special, CONSEQUENTIAL, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
- In addition, you expressly understand and agree that neither we nor our licensors will be liable to you for any loss or damage which may be incurred by you as a result of your use of the Website, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any Content, any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website; or
- Any changes which we may make to the Website, or for any permanent or temporary cessation in the availability of the Website (or any features within the Website).
- The limitations on our liability to you as contained in these Terms shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
- Some jurisdictions do not allow the limitation or exclusion of liability or of incidental or consequential damages, so the above limitations may not apply to you. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless us and our representatives, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, losses, claims, damages, costs and expenses, including attorneysâ€™ fees, that any such party incurs that arise from or in any way relate to your use of the Website.
- It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act of 1998 (the â€œDMCAâ€)).
- The DMCA provides a complaint procedure for copyright owners who believe that the Website Content infringes their rights under U.S. copyright law.
- If you believe that your work has been improperly copied and posted on the Website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.
- We suggest that you consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.
- The Website may include hyperlinks to other sites, content or resources. We do not operate, and have no control over, any sites, content or resources that are provided by third parties.
- You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and that we do not endorse any advertising, products or other materials on or available from such sites, content or resources.
- You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such sites, content or resources.
- By using the Website, if you provide us with an email address, such as by signing up for any email lists or by using any Contact Us or similar features of the Website that we make available from time to time, you grant us permission to communicate with you by email for any purposes related to your use of the Website, including system messages, updates, service announcements and other marketing purposes. You agree that any email address you give us will be correct and up-to-date. You will not provide us with an email address for an account that you do not control.
- You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website. You agree that any notice, agreement, disclosure or other communication that we send you by email will satisfy any legal communication requirements, including that such communication be in writing.
- We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any email.
Changes to the Terms
- We may make changes to these Terms from time to time. When these changes are made, we will make a new copy of the Terms available on this page.
- You understand and agree that your continued access to or use of the Website after any posted modification to these Terms indicates your acceptance of the modifications.
General Legal Terms
- You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available us.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and your relationship with us under the Terms, shall be governed by the laws of the District of Columbia without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within the District of Columbia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.