THANK YOU FOR VISITING OUR WEB SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WEB SITE USE (THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THEY REPRESENT A BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) and THE COMPANY (TOGETHER WITH ITS AFFILIATES AND SUBSIDIARIES, THE “COMPANY” OR “WE”) AND GOVERN YOUR USE OF OUR WEBSITE TOGETHER WITH ALL OF THE INFORMATION AND MATERIALS AVAILABLE ON SUCH WEB SITE (COLLECTIVELY THE “WEBSITE”). BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS OUTLINED IN THIS AGREEMENT. IF YOU HAVE NOT READ, DO NOT UNDERSTAND, OR DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE USE OF THE WEBSITE IMMEDIATELY. THE COMPANY RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION AND WITHOUT NOTICE.
LINKS TO THIRD PARTY SITES
The Website may contain links to third-party websites that are not under our control or operation. We provide any such links only as a convenience and in providing them the Company is in no way acting as a publisher or disseminator of the material contained. In addition, we are not responsible for the contents of any linked site or any third-party site linked to a linked site, or for any changes or updates to any such sites. The inclusion of any link does not imply our affiliation with, or our endorsement or adoption of, the linked site, that party or its product(s) or service(s), any third-party site linked to that site, or any information contained on any such sites. and does not mean that the Company is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. You may provide hyperlinks to the home page of this Website provided you do not remove or obscure, by framing or otherwise, the advertising, trademarks, copyright notice or other notices on this Website. the Company does not allow pop-up ads of any kind on the Website; however, you may experience such advertising while accessing the Website as a result of programs generated by third parties with whom the Company has no relationship.
YOUR RIGHT TO USE THE WEBSITE
Provided that you accept and comply with the Terms and Conditions, you have the limited right to access and use the Website to view the various materials, including information, documents and other content on the Website and to copy, download or print a single copy of any of the information and materials available on it, solely for your personal non-commercial use or your internal informational use in business and not for resale or distribution to anyone else, provided that you reproduce all of the Company’s proprietary markings on each copy of reproduced material. You may also upload “User Content” (as that term is defined later in these Terms and Conditions), to the Website, however, you are prohibited from sending the Company or any other user of the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other communications that would violate any law or the rights of others under applicable law. You are solely responsible for the legality of your own communications. the Company shall have the right, but not the obligation, to review your communications to ensure that they comply with the Terms and Conditions and any applicable laws or regulations. Except as expressly permitted by us in writing, you may not copy, reproduce, download, upload, post, transmit, translate, modify, distribute, sell, rent, license, transfer, mirror, frame or create derivative works of the Website, in whole or in part, in any form or by any means. In particular, the use of any of such information on any other web site or in a networked computer environment for any purpose is prohibited and the foregoing authorization does not apply with respect to the design or layout of the Website.
When accessing, browsing or using the Website, you agree to provide accurate information as required by the Website and/or your company/organization for record-keeping purposes. You also agree to update such information, to the extent necessary, from time to time.
The Company reserves the right to alter, change or remove information on the Website from time to time at its sole discretion and without prior notice.
The Company reserves the right to restrict, suspend or terminate your access to all or part of the Website at any time and for any reason; however, the Company assumes no obligation to do so. The provisions of these Terms And Conditions concerning the ongoing interests of the parties shall continue and survive in full force and effect following any such termination.
OWNERSHIP OF MATERIALS ON THE SITE
The Website and all content provided on the Website are protected by copyright, trademark and other intellectual property and proprietary rights laws, and are owned, controlled, and/or licensed by the Company and/or its affiliates and related companies. In particular, we own a copyright in the Website as a collective work and/or compilation, and in the selection, coordination and arrangement of the information and materials available on the Website. Nothing contained on the Website should be considered as granting, by implication, estoppel, custom, usage or otherwise, any licence or right to use any trademarks, logos, or other names, including, but not limited to, those identifying the Company and/or its affiliates and related companies or their respective products and services displayed on the Website, without the express written consent of the Company or such third party that may own such trade-marks, logos and other names displayed on the Website. Accordingly, unauthorized use or reproduction of the Website may violate copyright laws, trademark laws, laws pertaining to privacy or publicity rights, or other laws or regulations. However, despite the foregoing, we do not claim any ownership rights in the text, files, images, photos, video, works of authorship, applications, or any other materials (collectively, “User Content”) that you post on the Website. After posting User Content to the Website, users retain any such rights that they may have in User Content, subject to the limited license herein. By displaying or publishing (“posting”) User Content on the Website, users grant to the Company a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content solely on or through the Website in any media formats and through any media channels. This limited license does not grant the Company the right to sell or otherwise distribute User Content outside of the Website. After User Content is removed from the Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
The license granted by users to the Company in respect of User Content is non-exclusive, fully-paid, royalty-free, sub-licensable and worldwide.
The trademarks and/or service marks of the Company and others used on the Website are the property of the Company or their respective owners. You may not use any trademark displayed on the Website without the prior written consent of the Company or the respective owner.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
The Website and the products and services referenced in it are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express, statutory, oral or implied, including but not limited to, non-infringement or freedom from defect other than those warranties and conditions which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. We do not guarantee that you will have continuous, uninterrupted, or secure access to the Website, or that the Website will be error-free, or that defects, if any, will be corrected, or that the Website is free of viruses or other harmful components. We do not make any representations or warranties about the accuracy, reliability, currency, completeness, quality, performance, timeliness or suitability of the Website or the information on the Website. Where information on the Website is based on content from third parties, the Company is not responsible for such content. In particular, you acknowledge that there may be interruptions in service due to inherent limitations of the Internet, system upgrades, system maintenance and system configuration and that the Company assumes no liability for any loss, damage or expense from interruptions in service due to any of the foregoing factors. Furthermore while reasonable efforts are made to ensure that all information provided at the Website does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. Your use of (or inability to use) the Website is at your own risk. You agree that your sole remedy in the event of any problem with the Website is to cease using the Website. In no event shall the Company, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, resulting from, or in any way connected to, the use of the Website, or any links to other sites made available on the Website or the content contained on such site(s), in each case regardless of whether such damages are based on warranty, contract, tort (including negligence), strict liability products liability or other theories of liability, even if the Company or its subsidiary or affiliate has been advised of the possibility or likelihood of such damages occurring.
Some jurisdictions do not allow the exclusion of implied warranties or conditions or limitation of consequential or incidental damages, so portions of the above-referenced exclusions or limitations may not directly apply to you. You acknowledge that the provisions of these Terms and Conditions allocate the risks between the Company and you and that the Company’s pricing reflects the allocation of risk and limitation of liability specified in this section. You hereby waive any and all claims against the Company, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents arising out of your use of, or inability to use the Website or any links to other sites made available on the Website or the content contained on such site(s).
You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Any document or order properly transmitted electronically in connection with the Website shall be considered to be a “writing” or “in writing” and any such document or order when containing, or to which there is affixed, a signature (including, but not limited to, an electronic identification consisting of symbols or codes which are to be affixed to or contained in a transmitted document or order) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You and we each agree not to contest the validity or enforceability or admissibility of any electronically signed and/or transmitted document or order under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby.
GOVERNING LAW AND ARBITRATION
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Website or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Website, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in [the State of California] in English and governed by [California] law pursuant to the relevant arbitration legislation, as applicable. The arbitrator will be a person who is legally trained and who is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Company relating to any Claim and you also agree to opt out of any class proceedings against the Company. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.