IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY VIEWING OUR WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not view our Website.
The information and features included in our Website have been compiled from a variety of sources, are for informational purposes only and are subject to change at any time without notice. By accessing or linking to our Website, you assume the risk that the information on our Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Ownership of Content
Our Website and all of the content it contains, or may in the future contain, including but not limited to text, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material“) are owned by or licensed to us and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Website or such third party that may own the Material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere (or permit a third party to interfere) with the normal processes or use of our Website by other members, including without limitation by attempting to access administrative areas of the Website. You agree to report any violation of these Terms by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
Disclaimers/Limitations on Liability
You understand and agree that our Website and all material and intellectual property contained on it are distributed “as is” “as available” “with all faults” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction.
You agree that we and our parents, affiliates, subsidiaries, licensors and assigns, as well as our employees, officers and directors (collectively, the “released parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from or in connection with our Website, the material, or any errors or omissions in our technical operation or the material, even if we have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to, our website or its related information or programs. Notwithstanding any other provision in these terms, in no event and under no circumstances will the released parties be liable to you for any reason or any cause of action whatsoever in an amount greater than fifty dollars ($50). Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above might not apply to you.
BY ACCESSING OUR WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on our Website and/or the Material. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing us any information. We make no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of our Website. Our Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
By using our Website you agree to indemnify, defend and hold us and our parents, affiliates, subsidiaries, licensors and assigns and our employees, officer and directors harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable attorneys’ fees, arising out of or relating to: your breach of your representations, warranties, covenants or agreements hereunder; your violation of these terms or any law; your use of our Website and/or the material in violation of these terms; information or material posted or transmitted through your computer or membership account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or our use of your information. You will cooperate as fully and as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such matter without the written consent of us.
Copyrights and Copyright Agents
We respect the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. Our Copyright Agent may be reached at firstname.lastname@example.org.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide our Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The exact URL or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located on the Website;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of us. The link to this Website must not damage, dilute or tarnish the goodwill associated with our name and/or intellectual property, nor may the link create the false appearance that you and/or your organization is sponsored, endorsed by, affiliated and/or associated with us. You may not “frame” our Website or alter its intellectual property or Material in any other way. You may not link to our Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, to terminate a link for any reason or no reason at all, including without limitation any link to a website that we deem to be inappropriate or inconsistent with or antithetical to this Website, us, and/or these Terms.
We are not responsible for the content or performance of any portion of the Internet including other websites to which our Website may be linked or from which our Website may be accessed. Users are requested to inform us of any errors or inappropriate material found on Websites to which our Website is or may be linked.
We operate this Website in the United States. Information contained on our Website may not be appropriate or available for use in other locations, and access to our Website from territories where the content of our Website may be illegal is prohibited. If you access our Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the State of California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Website must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise, the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, the State of California for any cause of action relating to or arising under these Terms or our Website.