1. MARKETING DISCLOSURE.
2. USER AGREEMENT.
3. YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (i) You are at least 18 years of age, are a U.S. citizen and possess the legal authority to enter into an agreement and to use the Website in accordance with this Agreement; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You represent and warrant that you will not abuse our Website and if we believe such conduct has occurred we may deny you access to our Website, as determined by us in our sole discretion.
5. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our website or any linked website. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity while using our website or requesting services from our website.
6. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.
Our Website displays and makes available content, promotions, advertisements, and offers provided by third parties, as well as goods and services offered by third parties. You understand and agree that we shall not be responsible and shall have no liability for any third party promotion or product or for your activities on any third party websites linked to our Website. If you participate with any third party linked to or through our Website, you do so solely at your own risk. You agree that your sole remedy in connection with any third party will against or with that third party and you shall have no remedy against us arising from your use of or participation in, or inability to use or participate in, any third party promotions or their website.
7. RELATIONSHIP WITH ADVERTISERS.
This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by our Website. Furthermore, participating advertisers are independent third parties to us and we are not acting as a principal, agent or broker with respect to any participating advertiser. We have a financial relationship with the advertisers, vendors and third parties with whom we share your information.
8. LINKED WEBSITES DISCLAIMER.
You are able to link to third parties’ Websites (“Linked Websites”) from our Website. Linked Websites are not, however, reviewed, controlled or examined by us and we are not responsible for the content, availability, advertising, products or other materials on any Linked Websites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Websites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of or your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any questions or concerns to the Linked Website’s owner. We reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of these websites.
9. INTELLECTUAL PROPERTY RIGHTS.
The content of this Website is owned by us and other parties. As between us, we are the sole owner of our Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of our Website Content solely for your personal, non-commercial use or records, provided that our trade marks, logos or other legends which appear on the copied screens remain on the printed material and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from us and all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize our website for other than its intended purposes is strictly prohibited.
10. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or the products or services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our website or combination thereof, including injury or damage to you or your computer.
OUR WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE, AND OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PARTICIPATING ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF OUR WEBSITE, AND OUR WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THAT ANY PORTION OF OUR WEBSITE INCLUDING THE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO OUR WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENT COMPANY, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR ANY SERVICES OF THIRD PARTY ADVERTISERS EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR WEBSITE OR ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. MONITORING WEBSITE USAGE.
You agree that we may electronically monitor our Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate our website; or (iii) to protect our rights or the rights of our users, vendors, sponsors, providers, and licensors.
13. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your use of our Website or Service, including, but not limited to, business dealings with participating Advertisers any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party Advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on or through our Website.
14. WAIVER AND SEVERABILITY OF TERMS.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
15. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and us and governs your use of our Website and Service, superseding any prior agreements.
16. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF OUR SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.