We attribute your privateness critically and need Your consciousness regarding the erniesgutter.com web-site to acquire just about every fulfilling and guarded. Within this insurance plan coverage, the positioning is referred to as the “Site” in conjunction with the “Service,” which can be equipped by “Us,” “Our,” and “We,” that you just subscribe inside your tallying in path on the Tos and Complete Person
License Arrangement. This Insurance policy Plan sets forth the approaches We receive to attain this consequence, thus we urge You to definitely surely completely see obviously cautiously.
What this insurance policies plan Addresses. To help make specific that Us to correctly and correctly provide Our companies and answers to fit your requirements, odds are it will likely be required virtually each and every so ordinarily for persons to assemble particulars with regard to you personally in addition as these solutions or methods You decide on to head to the location, or despite the fact that very likely on the web web page. Despite the fact that We wish these particulars to bigger closing, All of us know Your aspects exactly this post is used. Appropriately, this insurance policies coverage describes the implies by which we use, and several noticeably will not likely use, any non-public information We purchase when you have a seem at or use the web site. This Insurance coverage Plan also addresses Our management around any non-public details which Our companions expose or that folk could assemble on or together with the smaller corporation partner’s site.
What this insurance policy coverage Won’t Protect. This Insurance policy Plan is not possible to alter up the tactics of companies We do not own or manage so you can people We never ever make use of or address. This Insurance coverage Plan only addresses the work and disclosure of professional expertise We acquire of one’s factors. In path from the stage that you just just disclose your entire facts to at least one a different gentleman or woman or entity, distinctive recommendations could affect their use or disclosure using the facts
You disclose on their own behalf. It might be necessary that you just notice that people today could not, and many probably in no way, administration any web-site in your case to have a look at by way of a “link” in the Site, in conjunction with the like other Web-sites may well quite possibly their fairly possess on the internet privateness procedures that may differ noticeably from ours. Also, any third celebration advertisers who assurance on the web web site or together with the net web page could on top of that keep on with their personalised on the internet privateness guidelines, which can be not accurately like ours. When most likely to advertisers or every other Web-site or little business You employ by “clicking” about the hyperlink above the online world web site, You might be at risk of the web privateness guidelines with the third fulfill up. We continue to keep you gonna unquestionably inquire any time you come to a decision to reveal Your personal facts to others. Until naturally of course pointless to condition in any other case notified, We cannot obtain unique wellbeing information of one’s items. If later on around the the vast majority of us do obtain this type of customized throughout overall health specifics, We’ll attain this in compliance utilizing this Person Wellness Information Coverage, a reproduction which may be dispersed with regard to you personally.
Details and specifics Assortment and Utilization by Us. Our principal reason in accumulating own facts must be to offer you by using a degree, effective, and customised being familiar with online-site and thru Our organization. We use aspects gathered in relation to ending transactions, offering merchandise, and addressing shopper assistance complications. Any financial institution card transactions utilizing this distinctive Website are resolved by third-party monetary establishments concurrently his / her sellers which receives the cardboard assortment and numerous other personal data and aspects in order to confirm the cardboard figures and system transactions. To the net payment transactions are resolved having a thoroughly impartial third celebration that gets the account amount as well as other particular facts effectively to confirm the account total, the existence of cash, and prepare of motion the transaction. The info gathered and labored with by them is liable to their on the web privateness procedures, that you just fundamentally need to critique. We can’t knowingly transfer Your personal facts to some unique celebration other than as disclosed in just this coverage coverage. Considerably more not, You might can withhold individual asked for facts even so in problem you decide on to withhold or else produce asked for details, We could be not able to provide you coupled with the products or businesses You ask for. Normally, Our company rapidly gathers chosen utilization details this type of due to the fact the figures and frequency of holiday vacation makers toward the world wide web web-site. We only use this kind of knowledge inside the combination. This collective details allows us to search out out the quantity Our potential customers use destinations within your web page, due to this we could enhance the internet site. We would moreover keep track of chosen particulars about All you need to do within the web-site. We make use of this data and aspects to finish interior investigation relating to the users’ census, passions, and perform to larger
comprehend and remaining and Our community. These particulars can consist of the URL that you just basically originated in (irrespective of whether this URL is over the internet site or else), which URL You foreseeable future go to (irrespective of whether this URL is on our web-site or else), what browser You make use of, similarly as being the Ip. We use specifics throughout the file We protect with regard for yourself individually, in addition to further facts and information We have from your current and previous pursuits on the net web site, to unravel disputes, trobleshoot and mend problems, in order to implement Our Tos and End Consumer License Arrangement (“TOS”).
Disclosure with the kinfolk Specifics. We’d nicely share, encourage, or lease chosen personal information with regard to you personally to entirely businesses we’ve selling and name-discussing contracts. Obtaining said that, you may choose from every one of these methods hanging the appropriate opt-out indicators within the site. We would disclose your individual information with reference to you personally to unquestionably lots of extra or folks when: (i) You permit Us Your take to speak in regards to the info (ii) We now must speak regarding your facts to produce the product or services You have asked for (iii) We have to send the info towards the persons or companies who give attention to Our account to produce a goods or assistance to satisfy your prerequisites (iv) important to tackle this by relevant legislation as explained excess wholly below or (v) whenever we set up You’ve got violated the TOS. It is Our plan to cooperate fantastic law enforcement stress queries, and numerous other companies to implement rules and laws and guidelines, as an example: ip lawful lawful legal rights, fraud and many other lawful lawful legal rights. We’d very well disclose (additionally to you personally authorize Us to point out) any particulars with reference to you personally to definitely law enforcement force becoming because of to subpoenas or court docket orders, or just about each and every other federal government officers or firms when we, inside our sole discretion, come to feel crucial or proper, relating to the an evaluation of fraud, ip infringements, or virtually just about every other motion which is a breach or probable breach of legislation or may expose Us normally you to definitely authorized legal responsibility. Due to possible of wants from current or likely regulatory govt physiques or as a result of latest or prolonged phrase dilemma of engineering, We will not be sure that each one your individual communications in addition to other your own knowledge and information ought to rarely be disclosed with strategies not if not explained inside of this coverage plan. For aim of illustration only, businesses may perhaps very well unlawfully intercept or simplicity of entry transmissions or individual communications, or buyers may possibly abuse or misuse Your info they acquire through the internet site. For that reason, while We use subject normal tactics to consider to supply the explained ambitions inside our on line privateness insurance policies, should really be functionality We will not and we are going to not ensure, and you simply also should not foresee, the non-public details or individual communications will virtually constantly carry on becoming personalized. You could possibly get consider unique community boards, weblogs, and the like toward the location. If that is the challenge, Your participation constitutes Your acknowledge for that disclosure similar using a personal facts, shots, and audio You can be making with regard for you personally individually on individuals choices which incorporate the positioning, which includes regardless that not restricted for that company title and website You admit that information You publish on ladies and men locations throughout the web-site could possibly in fact be downloaded by a handful of other people building most people area, for instance above the web.
Suppliers. A) Exterior Vendors. We’d effectively, for that edge, present a variety of Your non-public information to acquire an exterior company provider. To prevent Our disclosure working with the non-public details to possess an exterior provider provider, You could decrease this kind of disclosures or
not use their experienced alternatives. B) Interior Suppliers. We’d effectively use internal companies to aid Our companies (e.g., community community forums, surveys, and so on.). This kind of event, We would perfectly provide numerous Your personal facts proper to them, also since the like internal suppliers may possibly assemble information and facts and facts within your things (by way of example immediately after we ask for an within provider provider to complete market exploration for persons which provider asks You for information and facts while transporting out laptop computer notebook). As soon as we existing your entire info and information to obtain an interior support provider, this type of interior support provider’s use of equally information and facts will likely be limited to confidentiality
contracts. Should You current lots extra aspects to acquire an internal assistance provider right away, then their use on the knowledge will probably be managed by their connected on the internet privateness coverage. Your individual knowledge and aspects printed that has a customer by using a community portion of your internet site just is not managed with this particular Plan thus we shall not final result in virtually any ease in the same way info. Additionally, We’re not chargeable for elimination of the kind of personal information together with the this kind of general public part while in the Site.
Other Entities. We would share a whole lot of our info, like your individual details with reference to you personally, making use of this subsidiaries, companions, and Our lender cardOrfinancial establishment card processor. In way of your stage these entities get relieve of entry to the info, they’re going to tackle it a little of as protectively on condition that they address specifics they obtain using their other complete end users.
Sites. We cannot system to speak regarding your your own information on or with social websites webpages, one example is Fb however, everytime you select to attain this, then We’re not accountable for its know-how or by web sites this kind of as these, or its elimination. As an example, must you re-publish details which can be to the web page to Fb, You have the end result of the Fb publishing, the standard of their disclosure and re-disclosure, its use, the possibility in their misuse, which can be seriously elimination.
Identification of Purchaser in Web page. You are going to be identified through the website inside the Logon (“User ID”). We advocate for safety explanations that you just hardly ever take full advantage of your e-mail handle due to the fact the Person ID. Your Consumer ID may perhaps probably be used to search for the 2 you along with your pursuits from the Site, furthermore with other shoppers may perhaps be ready to identify You in compliance with Person ID items it’s possible you’ll have acquired, offered, obtain previously, asked for an give previously, any rankings or remarks You would possibly supply, any postings It’s possible you’ll space towards the net-site, and so forth.
Charge of Passwords. You could possibly have brought about by all steps taken along with your Person ID and password, like each and every costs, fees or expenses incurred. Because of this, You should not share Passwords with others. Inside the occasion you decide on to share or disclose Your Consumer ID, password, or probably the knowledge you may have with companies to produce You extra companies, It truly is crucial to evaluation that 3rd party’s on the net privateness plan. Really have to You appear unglued utilizing the password, You would possibly get rid of substantial take care of in the non-public facts and could in fact be susceptible to lawfully binding steps adopted Your lender account.
Be aware: In Scenario Passwords is continually around the get compromised unconditionally, You should speedily e-mail Us to start Make get in touch with with and expose the password is consistently within the get compromised.
Stability. Whatever the truth We use unique protection approaches to safeguard details from unauthorized entry by consumers within just and outside the small business, “perfect security” is not probably to exist within the world-wide-web. Be sure to continue to keep in your mind that e-mail and world-wide-web focused potential customers are not protected. To help safeguard Your knowledge, We promote the following:
(i) You do not share Your Person ID or password with any person (ii) make enhancements for the password consistently and (iii) you should definitely indicator off quickly immediately after you have released a monetary establishment card applicatoin for nearly any items or company on line, or concluded an internet-based session.
Junk e-mail. We can’t condone “spam” or unrequested junk e-mail. We’re not liable for this unlucky motion, and won’t be able to avert going on if your arrives from outdoor the positioning. We’ll look at smart motion in the direction of everyone who makes use of Our email correspondence options since the launching pad for junk e-mail.
Modifying Username And Passwords. We provides you with all the possibility to entry and edit the info you may have supplied to Us. To update the information as a way to deactivate Your lender account, be sure to send us a electronic mail to start Get. In condition you deactivate Your lender account, likewise data will be deactivated when rather achievable in compliance utilizing this deactivation plan and linked regulation. We would keep inside our information data You have asked for to come back being taken off entry over the web, and will use in the same way details in absolutely sure illnesses, by way of example to resolve disputes, trobleshoot and repair service problems, and implement Our TOS. A lot more, this type of prior aspects are by no means certainly taken off Our databases thanks to complex and authorized constraints, like saved “back up” systems. Therefore, You should not depend on that each one your non-public data will likely be wholly eliminated Our databases similar to a effects of one’s requires.
Renovate of On the web Privateness Plan. We reserve the authorized correct to change this insurance policies plan every single so usually. Just after we make any changes with this particular Plan, We’ll publish men and women modifications the next so you can typically completely realize what info We acquire, the implies by which we’d use that facts and irrespective of whether We’ll disclose it to anyone. In
addition, We are in the position to quite possibly communicate to fit your wants by e-mail on making use of the location, Your financial institution account in conjunction with other circumstances.
Use of Internet site. Utilisation over the internet-site constitutes acceptance employing the Coverage mainly because it is currently published in addition to, considering that it would be modified just about every so normally and would seem within the web-site. You specifically acknowledge return within the web site just about every one so usually to fundamentally notice this insurance coverage plan given that it could exist every single solitary so commonly, but in addition concur that you just might be sure by this type of Plan given that the similar could potentially exist on these internet pages, whether or not You have seriously seen them in their then-current type.
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND THE SITE OWNER, WHICH HAS SPONSORED THE Website (“We” or “Company”). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (“TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS Company WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE Company WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “Company Website”). Company IS WILLING TO LICENSE AND ALLOW THE USE OF THIS Company
WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE Company WEBSITE AND ARE INSTRUCTED TO EXIT THE Company WEBSITE IMMEDIATELY. A. LICENSE GRANT. The Company Website is provided by Company, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Company Website and any programs, services, tools, materials, or information made available through or from the Company Website conditioned on your continued compliance with the terms and conditions of this
TOS. This TOS permits you to use and access for personal or business purposes only the Company Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the Company Website into your laptop’s, workstation’s,
or computer’s temporary memory (RAM) and print and download materials and information from the Company Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Company Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Company regarding access and usage privileges for the Company Website, including, without limitation, a member services agreement with Company. Nevertheless, your personal use of the Company Website will be subject to the obligations and restrictions regarding use of the Company Website as set forth in this TOS. Your access to the Company Website is through an agreement between affiliates of Company and a sponsoring organization (“Sponsor”) of which you are a member or licensee. Sponsor may restrict or terminate your access to Company Website at any time, and Company has no liability for such changes to Your access initiated by Sponsor.
B. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Company Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a
security interest in, or otherwise use in any manner not expressly permitted herein the Company Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Company Website or in any way reproduce or circumvent the navigational structure or presentation of the Company Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Company Website, (ii) attempt to gain unauthorized access to any portion or feature of the Company Website, including, without limitation, the account of any other Authorized
User(s), or any other systems or networks connected to the Company Website or to any Company server or to any of the services offered on or through the Company Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the
Company Website or any network connected to the Company Website, nor breach the security or authentication measures on the Company Website or any network connected to the Company Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of
or visitor to the Company Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Company Website or Company’s systems or networks or any systems or networks connected to the Company Website, (vi) use any device, software, or routine to interfere with the proper working of the Company Website or any transaction conducted on the Company Website, or with any other person’s use of the Company Website, (vii)
forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Company Website, (viii) use the Company Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Company Website (or any part thereof) without Company express, separate, and prior written permission, or (x) use the Company Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
C. USER OBLIGATIONS. By downloading, accessing, or using the Company Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Company Website, including, without limitation, when you provide information via a Company Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Company Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to
your use of the Company Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Company in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Company Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Company Website is solely at your own risk. While Company has endeavored to create a secure and reliable Company Website, you should understand that the confidentiality of any communication or material transmitted to/from the Company Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Company Website. You agree to assume all responsibility concerning activities related to your use of the Company Website, including, providing
any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Company Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Company Website shall only be available through the sole discretion of Company or pursuant to the terms and conditions of a separate written agreement with Company.
D. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Company Website, you may provide Company with additional content, information, images, or audio (a “Posting”). In connection with delivering and providing to Company any such Posting, you
hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such Posting(s) and the content therein as necessary in connection with the Company Website and Company’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company’s services and the Company Website. Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Company Website in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information.
E. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the Company Website, and/or to other specific portions or features of the Company Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Company membership benefits until you execute and Company accepts Company’s member services agreement with Company. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Company Website, the latter
terms shall control with respect to your use of that portion of the Company Website. Company’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
F. USER NAME-HANDLING POLICY. Registration as an Authorized User for access to certain areas of the Company Website, namely, the Company member area, may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account.
By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Company Website and to your account. Accordingly, by using the Company Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
H. POSTINGS. This Company Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Company Website contains such communication forums (collectively, “Forums”), you agree that by using the Company Website you will not post or transmit any of the following materials on the Company Website’s Forums:
1. anything that interferes with or disrupts the Company Website or the operation thereof,
2. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others
3. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others
4. statements or material that violates other contractual or fiduciary rights, duties, or agreements
5. statements or material that is bigoted, hateful, or racially offensive
6. statements or material that encourages criminal conduct or that would give rise to civil liability
or otherwise violates any law or regulation in any jurisdiction
7. statements or material that constitutes anti-competitive collaboration and/or antitrust violations
8. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person
9. statements or material that harms minors
10. Programs, products, or services competitive with, or detrimental to, Company’s programs, products, or services
11. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company
12. statements or material that misrepresents your affiliation with any entity or Company
13. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual
14. chain letters, Ponzi schemes, multi-level marketing plans, or pyramid schemes,15. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials
16. statements or material that are “off-topic” for a designated Forum
17. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Company
As Forums are public (or semi-public for member use), the Authorized User experience is enhanced if you follow the foregoing and following guidelines.
Please do not post any content or information of a personal nature, such as video, images, or audio of friends, family, or members of your household, or any material that would personally identify any of these individuals or where they work or reside. Please be aware that posting such information may enable third parties to personally identify you or others and may expose you to impersonation, identify theft, spam, hacking, phishing, or other activities. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Company encourages open and sincere communication, but urges all Authorized. Users to remember that Forums are intended to be a resource for all. Please use ‘netiquette.’
I. PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the Posting available to Company and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Company Website, Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Company assumes no responsibility for the
deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
J. NO PRE-SCREENING OF POSTINGS. Company is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Company’s right and ability to delete or remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that Company believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Company or its products, services, and goodwill. If you violate this TOS, Company may, in
its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Company Website. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Company as provided below.
K. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Company Website. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Company Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Company Website, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Company Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company’s trademarks. All rights reserved. Company also owns a copyright in the contents of the Company Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Company Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Company Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company. Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
L. FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about Company’s products or services or the Company Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Company Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
M. LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Company and are maintained by third parties over which Company exercises no control. Accordingly, Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
N. THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the advertisements of third parties on the Company Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Company’s members. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Company Website are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Company Website, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Company Website.
O. DISCLAIMER. WHILE Company ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE Company WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Company IS ALSO NOT RESPONSIBLE
FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE Company WEBSITE. MOREOVER, Company MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE Company WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE Company WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE. Company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE FOR ANY PURPOSE, AND
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Company ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE Company WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
P. LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL Company BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Company WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Company WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Company WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Company FOR ANY REASON WHATSOEVER RELATED TO USE OF THE Company WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Company IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
Q. INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
R. TAXES. You hereby agree to timely pay, or collect and remit, or reimburse, any sales, use, ad valorem, property, and intangibles taxes arising out of the access to, and use of, the Website and the products and services thereon, including any such taxes levied or assessed against Company.
S. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company, you shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company’s rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
T. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Missouri (without regard to principles of conflicts of laws), as applied to agreements entered into and completely performed in the State of Missouri. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of a court of competent jurisdiction in St. Louis County, Missouri, or the Federal District Court for the Eastern District of Missouri, for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS. Any claim you might have against Company must be brought within two years after the cause of action arises, or such claim or cause of action is barred. You acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Company makes no representation that the Company Website is appropriate or available for use in other locations outside the United States and Canada, and access to the Company Website from states, territories, or nations where any aspect of the Company Website is illegal is prohibited. You access the Company Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Company Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this TOS.
U. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Company Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law, as amended. Company reserves the right to view, monitor, and record activity on the Company Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Company Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Company Website as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Company Website, or any portion of the Company Website, in order to protect the Company Website, Company, or Company’s business.
V. TERM AND TERMINATION. This TOS and your right to use the Company Website will take effect at the moment you click “I ACCEPT” or you install, access, or use the Company Website and is effective until terminated as set forth below. This TOS will terminate automatically if you click “I REJECT.” In
addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the Company Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Company Website, but all applicable provisions of this TOS will survive termination. Upon termination, you must destroy all copies of any aspect of the Company Website in your possession. In addition to the miscellaneous section below, the provisions concerning Company’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
X. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this TOS. The parties agree
that this TOS is for the benefit of the parties hereto as well as Company’s licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as result of this TOS or your utilization of the Company Website.