Last revised: September 15, 2023
IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ACCESS THE WEBSITE), then you are not permitted to USE THE WEBSITE.
You form an agreement with us each time you access or use the Website. Take note that pursuant to Section 1(c) below, we can modify the terms of this Agreement at any time; therefore, it is your responsibility to read this Agreement each time you access or use the Website.
The content, structure, “look and feel,” and all other elements of the Website are either owned or licensed by the Company and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and other jurisdictions. You may not sell, license, distribute, copy, publish, publicly perform or display, modify, adapt, translate, or create derivative works from, or otherwise make unauthorized use of, the Website or any portion thereof without the express prior written consent of the Company. The Company reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website or any portion thereof, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement. You acknowledge that the Company will aggressively enforce intellectual property rights with respect to the Website to the fullest extent of the law.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Company or the Site provided by you to us in the form of postings on the Website, e-mail, or other communications or submissions are unsolicited and non-confidential. The Company will own exclusive rights, including all intellectual property rights, in and to such submissions, and we will be entitled to the unrestricted use of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF (A) THE WEBSITE, including but not limited to the use thereof by you to provide us with any information, whether personal information or otherwise; (B) ANY LINKS, INFORMATION, AND MATERIALS ON THE WEBSITE (INCLUDING USER CONTENT); AND (C) ANY PRODUCTS OFFERED THROUGH THE WEBSITE, OR ANY PORTION THEREOF.
You agree that we may, in our sole discretion and without prior notice, terminate your access to or use of the Website at any time and for any reason, with or without cause. This right is in addition to any other remedies we may have at law or in equity. You consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances, without the need for a bond. You agree that we will not be liable to you or to any third party for termination of your access to, or use of, the Website as a result of any breach of the Agreement or for any reason at all.
We take copyright violations very seriously. We may remove material from the Website that appears in our sole discretion to infringe upon the copyright or other intellectual property rights of others, and we may terminate the access rights of any infringer. If you believe a work protected by a U.S. copyright you own has been posted on the Website without authorization, or has been mistakenly removed, you may notify our copyright agent as provided below, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work or works claimed to have been infringed, or mistakenly removed; (c) a detailed description of the material you claim is infringing, or has been mistakenly removed, together with information sufficient to enable us to locate it, including the URL where the infringing material appears; (d) your name, mailing address, telephone number, and e-mail address; (e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, or has been mistakenly removed; and (f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed. To notify us of claimed copyright infringement, or to file a counter-notice in response to a takedown, please contact us at the contact information available on the Website.
The servers and the operations of the Company are located primarily in the United States and the policies and procedures of the Company are based primarily on United States law. Because of this, the following provisions apply specifically to Users located outside of the United States: (i) you acknowledge and agree that the data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, and you nevertheless consent to the transfer, storage, and processing of your information (including submissions and Personal Information) to and in the United States and/or other countries; (ii) if you are using the Website from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Website; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Website. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject the Company to any registration requirement within such jurisdiction or country.