This is a legal agreement (“Agreement”) between you and MyNakodo, LLC, a Texas limited liability company (the “Company”). By accessing the Company’s websites, currently located at underdisclosed.com and pro.underdisclosed.com (together, the “Website”), and using any of the Services (as defined below) accessible through the Website, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Website or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. “Service(s)” refers to your use of the Website or the information or other services provided thereby for any purpose whatsoever. In addition, if you register as a subscriber (a “Subscriber”) of any of the features of our Websites or Services offered through our Websites, during the registration process you may be prompted to click an “I Accept,” “Submit” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time.
1. Acceptance of Terms and Conditions.
(b) By accessing the Website or becoming a Subscriber, you consent to have this Agreement provided to you in electronic form.
(c) You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of this Agreement, contact us via the comment box of http://underdisclosed.com/sample-page. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
(d) These Terms and Conditions are subject to any requirements of the Company’s data providers under the Company’s agreements with such data providers, including such additional financial and contractual requirements as may be imposed by such data providers from time to time. Such data providers may enforce this Agreement against you by legal proceedings or other appropriate means.
2. Eligibility. You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of this Agreement. You acknowledge and agree that the Company may terminate your access to the Website and the Services should you fail to comply with this Agreement. Any such termination shall be in the Company’s sole discretion and may occur without prior notice, or any notice. The Company further reserves the right to terminate any user’s access to the Website or the Services for any conduct or activity that the Company, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to the Company, or for any conduct or activity that violates any local, state, federal, or foreign laws or regulations. The Company further reserves the right to terminate any user’s access to the Website or Services for any reason or for no reason at all, in the Company’s sole discretion, without any prior or other notice.
3. Beta Features. From time to time, the Company may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
4. Term. This Agreement will remain in full force and effect while you use the Service and/or Website and/or are a Subscriber. You may terminate your membership and/or subscription at any time, for any reason, by contacting us via the comment box at http://underdisclosed.com/sample-page/ or through the applicable provisions of http://pro.underdisclosed.com. If you resign or cancel your membership and/or subscription via the Website, to help the Company analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. You may bypass this brief resignation survey page and continue the resignation/cancellation process by clicking the “Continue Cancellation” or other similar button on the page. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). The Company may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership and/or subscription, or such other email address as you may later provide to the Company. If the Company terminates your subscription to the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of the Company. The Company is not required to provide you notice prior to terminating your membership and/or subscription. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Use by Subscribers.
(a) The Website and the Services are made available solely as a convenience to the subscribers for general informational purposes. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of the Company, which may be revoked at any time, for any reason, in the Company’s sole discretion.
(b) The periodic subscription fees that are defined at the time of the initial enrollment for subscription. The Subscriber is responsible for such fees according to the terms of the Website.
(c) As determined by the terms of the subscription, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. Any special introductory offer shall be exempt from such notification requirement, but the Subscriber must notify the Company directly prior to the end of the trial/special offer period specified in such offer in order to cancel automatic renewal. All trial/special offer subscriptions shall renew at the stated subscription rate. Unless and until this agreement is cancelled in accordance with the terms hereof, the Subscriber hereby authorizes the Company or other operator of the Website (the “Operator”) to charge the Subscriber’s chosen payment method to pay for the ongoing cost of the subscription. The Subscriber hereby further authorizes the Company or the Operator to charge the Subscriber’s chosen payment method for any and all additional purchases of Services provided by the Website.
(d) For your convenience and to avoid any interruptions to your subscription, we reserve the right to continue billing your subscription renewals until you cancel your account.
(e) Subscribers will receive an email receipt to their email provided upon initial subscription. The Subscriber may, at any time, request a copy of the account of charges made for the life of their subscription to the Website. The Subscriber foregoes this right if such request is not made. Requests must be made directly to the Company.
(f) At any time, and without cause, subscription to the Services may be terminated by the Company, the Operator, the Website or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. Subscribers are liable for charges incurred by them until termination of service. If you request cancellation or request a refund from the Company, the Operator, your bank, card issuer, or phone company due to unauthorized or fraudulent use, the Company may, at its discretion, to prevent further unauthorized use, block your information from use at all of the Company’s websites and services. This will not however prevent unauthorized use at non-Company websites or services, and is not a substitution for your contacting your appropriate channels to prevent further misuse. If you are taking advantage of a “Free” trial period through a credit card, please be aware of the following: the Company or other Operator will request and your bank will immediately put a “Reserved Funds” hold on your credit card for the amount of the subscription plan you have selected. If the free trial is cancelled within the timeframe allowed by the Website, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that the Company or other Operator has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
(g) All refunds will be credited solely to the payment method used in the original transaction. Refunds will not be issued refunds by cash, check, or to another credit card or payment mechanism.
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify the Company of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. Your Interactions with Other Subscribers. You are solely responsible for your interactions with other Subscribers. You understand that the Company does not in any way screen its Subscribers, nor does the Company inquire into the backgrounds of its Subscribers or attempt to verify any statements of its Subscribers. The Company makes no representations or warranties as to the conduct of Subscribers or their compatibility with any current or future Subscribers. In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Subscribers of the Service. You should not provide your personal or financial information (for example, your credit card, bank account or brokerage account information) to other subscribers.
(a) Proprietary Rights. Unless otherwise noted, all right, title and interest in and to the Website, and all information made available through the Website or the Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of the Company, its affiliates or its Data providers. To the extent that the Website or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), the Company owns all right, title, and interest (including copyright), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Website or in the Services, as well as in the selection, arrangement, and presentation of all other content on the Website and in the Services. Certain materials may be made available for download from the Website. Subject to this Agreement, the Company grants you limited permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further that you do not modify the materials in any way. Without limiting any other right or remedy available to the Company, at law or in equity, the limited permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
(b) EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE COMPANY AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE COMPANY AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS. YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY THE COMPANY TO PROTECT THE RESPECTIVE RIGHTS OF THE COMPANY, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
(c) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY SUBSCRIBERS.
(d) THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. Content Posted by You on the Website.
(a) You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Subscribers. You will not post on the Service, or transmit to other Subscribers, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Subscriber. If information provided to the Company, or another Subscriber, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
(b) You understand and agree that the Company may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers.
(c) By posting Content to any public area of the Company, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to exploit, use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by the Company will not infringe or violate the rights of any third party.
(d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership or subscription of such violators. It includes, but is not limited to, Content that:
-promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
-is intended to or tends to harass, annoy, threaten or intimidate any other users of the Website or Services;
-is defamatory, false, misleading or inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
-contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
-contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
-promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
-intended to defraud, swindle or deceive other users of the Services;
-contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
-promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
-disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
-is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Website;
-impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
-solicits gambling or engages in any gambling or similar activity;
-uses scripts, bots or other automated technology to access the Website or Services;
-uses the Website or Services for chain letter, junk mail or spam e-mails;
-collects or solicits personal information about anyone under 18;
-contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
-provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; or
-is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
You acknowledge and agree that these prohibitions do not, and shall not be construed to, create any rights in you or any third parties. The Company reserves the right (but does not have any obligation) to prohibit or restrict conduct on the Website and to edit, block, or remove any content, in whole or in part, which in the Company’s sole discretion it believe violates this Agreement or is otherwise objectionable.
(e) Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
(f) You may not engage in advertising to, or solicitation of, other Subscribers. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Subscribers. Although the Company cannot monitor the conduct of its Subscribers off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, we reserve the right to restrict the number of emails which a Subscriber may send to other Subscribers in any 24-hour period to a number which we deem appropriate in our sole discretion.
10. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
11. User Information.
(b) Disclosure by Law. You acknowledge and agree that the Company may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the Company’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
(c) Use of Anonymous Information for Research. By using the Services, you agree to allow the Company to anonymously use the information from you and your experiences through the Services to continue the Company’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
12. Other Users’ Information. Other Subscribers may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any the Company or third party proprietary information available via the Services or the Website.
13. Prohibited Activities. The Company reserves the right to investigate and terminate your membership and/or subscription if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
-You will not impersonate any person or entity.
-You will not “stalk” or otherwise harass any person.
-You will not express or imply that any statements you make are endorsed by the Company without our specific prior-written consent.
-You will not use any robot, spider, Website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
-You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
-You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
-You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
-You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
-You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
-You will not “frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Company or the Service or the Website in order to direct any person to any other web Website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
14. Customer Service. The Company provides or may provide assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and/or subscription and you will not be entitled to any refund of unused subscription fees.
16. Blocking of IP Addresses. In order to protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block Subscribers from certain IP addresses from accessing the Website.
17. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 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; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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 the copyright owner or authorized to act on the copyright owner’s behalf. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached via the comment box of http://underdisclosed.com/sample-page.
18. Subscriber Disputes. You are solely responsible for your interactions with other the Company Subscribers. The Company reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
20. Disclaimers. The Company is not responsible for any incorrect, inaccurate or untimely content posted on the Website or in connection with the Services, whether caused by users of the Website, Subscribers, data providers or by any of the equipment or programming associated with or utilized in the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Subscriber of the Service. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Subscriber communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Subscribers or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Subscribers, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
The Company cannot and does not guarantee or warrant that information available by, through or for downloading through the Website or Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Company for the reconstruction of any lost information.
You agree that neither the Company, its affiliates, officers, directors, employees, agents or representatives, nor any of its data providers, nor any officer, director, employee, agent, affiliate or representative thereof, shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or the Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available by or through the Website or the Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or the Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or the Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or the Services.
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE AVAILABLE VIA THE WEBSITE OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL THE COMPANY OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITES OR THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF COMPANY OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT, FROM OR THROUGH THE WEBSITE MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH THE WEBSITE.
By way of example, and not by way of limitation, neither the Company nor the data providers shall be liable for any loss resulting from a cause over which such entities do not have direct control, including but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
In addition to the preceding paragraph and other provisions of this Agreement, any information generated, transmitted or available on, by or through on the Website and/or the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, tax, accounting, business, legal or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
21. Access and Security. You accept responsibility for the confidentiality and use of any access codes, account numbers and customer code numbers that you may receive for your access to and use of the Website and the Services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to notify the Company immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.
22. Limitation on Liability. You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents and representatives and the data providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney’s fees, of every kind and nature, arising from or relating to your use of the Website or the Services or the information made available by, at or through the Website or the Services, and/or your violation of this Agreement or any third party’s rights, including, but not limited to, copyright, proprietary rights, privacy rights, and rights under defamation law.
You release the Company, including its officers, directors, employees, or any other agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Website or Services, or arising in any way from content posted to any of the Website by any third party.
If you are a California resident, you waive California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s 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 the Company for the Services during the term of subscription.
23. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
26. Force Majeure. In addition to applicable disclaimers, stated above, the Company’s performance under this Agreement, the Website and the Services shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of data providers or other third party information providers, third party software or communication method interruption.
32. Jurisdiction. The Website and the Services are directed solely to individuals residing in jurisdictions in which provision of the content of the Website and the Services is legal. The Company makes no representation that materials or information provided at, on or through the Website or the Services are appropriate or available for use in other locations. Those who choose to access the Website and the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Company reserves the right to limit the availability of the Website and the Services to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such material, information, service or product that it provides.