Use of Site
We do not guarantee that any content will be made available on the Site. We reserve the right to, but do not have any obligation to, (i) edit or modify the Site and its content, in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all, and (ii) to remove or block any content from the Site.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is our exclusive property and protected by U.S. and international copyright laws.
The contents of our Site may be used for information purposes only. Any other use of the Site and its contents, including reproduction, modification, distribution, transmission, republication, or display without our prior written consent is expressly forbidden. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever any content of this Site for commercial profit or gain. You are expressly prohibited from using data mining, robots, or similarly automated data gathering and extraction tools on the Site. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.
As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or that is prohibited by these Terms. You may not use the Site or its contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or its contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than for which you are authorized.
Third Party Content
The Site may permit you to link to other websites, services, or resources on the internet, and other websites, services, or resources may contain links to the Site. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE SITE OR ANY E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective representatives, employees, contractors, directors, and suppliers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, or its content, or violation of these Terms or violation of any third-party right, including without limitation any trademark, copyright, or other proprietary privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will assist with us and cooperate with us in asserting any available defenses.
Limitation of Liability
In no event shall we, nor our directors, employees, agents, partners, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Site (i) for any loss profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, special, incidental, punitive, compensatory, or consequential damages of any kind whatsoever, or (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, wemay seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 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 this Agreement, whether through class arbitration proceedings or otherwise.
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org.