Terms of Use

    1. Agreement to Terms

    These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and us (“we,” “us” or “our”), concerning your access to and use of our Site as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. You agree that by accessing our Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, then you are expressly prohibited from using our Site and you must discontinue use immediately.  

    Supplemental terms and conditions or documents that may be posted on our Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our Site after the date such revised Terms of Use are posted.  

    2. Intellectual Property Rights

    Unless otherwise indicated, our Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Marks are provided on our Site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.  

    Provided that you are eligible to use our Site, you are granted a limited license to access and use our Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Site, the Content and the Marks.  

    3. User Representations

    By using our Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you will not access our Site through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use our Site for any illegal or unauthorized purpose; and (4) your use of our Site will not violate any applicable law or regulation.  

    4. Prohibited Activities

    You may not access or use our Site for any purpose other than that for which we make our Site available. Our Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

    As a user of our Site, you agree not to:  

    • Systematically retrieve data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.  
    • Make any unauthorized use of our Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.  
    • Circumvent, disable, or otherwise interfere with security-related features of our Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Site and/or the Content contained therein.  
    • Engage in unauthorized framing of or linking to our Site.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.  
    • Interfere with, disrupt, or create an undue burden on our Site or the networks or services connected to our Site.  
    • Attempt to impersonate another user or person or use the username of another user.
    • Use any information obtained from our Site in order to harass, abuse, or harm another person.  
    • Use our Site as part of any effort to compete with us or otherwise use our Site and/or the Content for any revenue-generating endeavor or commercial enterprise.  
    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Site.  
    • Attempt to bypass any measures of our Site designed to prevent or restrict access to our Site, or any portion of our Site.  
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Site to you.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Site.  
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.  
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Site, or using or launching any unauthorized script or other software.  
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Site.  
    • Use our Site in a manner inconsistent with any applicable laws or regulations.

    5. User Generated Contributions

    Our Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of our Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that your Contributions do not violate proprietary rights or any applicable law.  

    We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on our Site. You are solely responsible for your Contributions to our Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

    6. Site Management

    We reserve the right, but not the obligation, to: (1) monitor our Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site.  

    7. Privacy Policy

    We care about data privacy and security. Please review our Privacy Policy. By using our Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

    8. Term and Termination

    These Terms of Use shall remain in full force and effect while you use our Site. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. We may terminate your use or participation in our site or delete any content or information that you posted at any time, without warning, in our sole discretion.  

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.  

    9. Modifications and Interruptions

    We reserve the right to change, modify, or remove the contents of our Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Site.

    We cannot guarantee our Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site during any downtime or discontinuance of our Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support our Site or to supply any corrections, updates, or releases in connection therewith.  

    10. Governing Law

    These Terms of Use and your use of our Site are governed by and construed in accordance with the laws applicable in the jurisdiction where the principal operating office for our Site is located, without regard to its conflict of law principles.

    11. Dispute Resolution

    To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other party. Should informal negotiations fail, the parties agree that any Disputes will be resolved through the competent courts of the jurisdiction mentioned in the Governing Law section, and the parties consent to exclusive jurisdiction and venue in such courts.  

    12. Disclaimer

    Our Site is provided on an as-is and as-available basis. You agree that your use of our site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our site’s content or the content of any websites linked to our site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via our site.  

    13. Limitation of Liability

    In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.  

    14. Indemnification

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of our Site with whom you connected via our Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  

    15. Miscellaneous

    These Terms of Use and any policies or operating rules posted by us on our Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.  

    16. Contact Us

    In order to resolve a complaint regarding our Site or to receive further information regarding use of our Site, please contact us using the contact information provided on our Site.