Terms
of Use
Please read the following terms and conditions carefully, and accept them before accessing this subscription. 1. AGREEMENT TO TERMS These
Supplemental terms and
conditions, or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole
discretion, to make changes, or modifications to these
The
information provided on the Site is not intended for
distribution to, or use by any person, or entity in any
jurisdiction, or country where such distribution, or use
would be contrary to law, or regulation, or which would
subject us to any registration requirement within such
jurisdiction, or country. Accordingly, those persons who
choose to access the Site from other locations do so on
their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws
are applicable.
The
Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your therewith interactions would be
subjected to such laws, you may not use this Site. You may
not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
Unless
otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the
“Marks”) are owned, or controlled by us, or licensed to us,
and are protected by copyright and trademark laws and
various other intellectual property rights and unfair
competition laws of the United States, international
copyright laws, and international conventions. The Content
and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly
provided in these
Provided
that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download,
or print a copy of any portion of the Content to which you
have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the
Marks.
By
using the Site, you represent and warrant that:
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend, or
terminate your account and refuse any and all current, or
future use of the Site, (or any portion thereof).
4.
USER REGISTRATION
You may be
required to register with the Site. You agree to keep your
password,confidential and will be responsible for all use
of your account and password. We reserve the right to
remove, reclaim, or change a username you select if
we,determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
We
accept the following forms of payment:
You may be required to
purchase or pay a fee to access some of our
services. You agree to provide current, complete,
and accurate purchase and account information for
all purchases made via the Site. You further agree
to promptly update account and payment information,
including email address, payment method, and payment
card expiration date, so that we can complete your
transactions and contact you as needed. We bill you
through an online billing account for purchases made
via the Site. Sales tax will be added to the price
of purchases as deemed required by us. We may change
prices at any time. All payments shall be in
You agree to
pay all charges, or fees at the prices then in effect
for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making
your purchase.
We reserve the right to
correct any errors, or mistakes in pricing, even if we
have already requested, or received payment. We also
reserve the right to refuse any order placed through the
Site.
We offer a
If
you are unsatisfied with our services, please email us at
You
may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not
be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
9. USER
GENERATED CONTRIBUTIONS
Any use
of the Site in violation of the foregoing violates these
10.
CONTRIBUTION LICENSE
You and the Site
agree that we may access, store, process, and use any
information and personal data that you provide following the
terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions or other feedback regarding the Site, you agree
that we can use and share such feedback for any
purpose without compensation to you.
We do not assert
any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your
Contributions.
11.
GUIDELINES FOR REVIEWS
We may provide
you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with
the person/entity being reviewed; (2) your reviews should
not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not
contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether
positive or negative.
We
may accept, reject, or remove reviews in our sole
discretion. We have absolutely noobligation to screen
reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent
ouropinions or the views of any of our affiliates or
partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from
any review. By posting areview, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, andsublicensable right and
license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content
relating to reviews.
12.
MOBILE APPLICATION LICENSE
Use License
If
you access the Site via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application
on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on
such devices strictly in accordance with the terms and
conditions of this mobile application license contained
in these
The
following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play
(each an “App Distributor”) to access the Site: (1) the
license granted to you for our mobile application is
limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in
accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we
are responsible for providing any maintenance and
support services with respect to the mobile application
as specified in the terms and conditions of this mobile
application license contained in these
You
acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment
or compensation to you. You hereby waive all moral rights
to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have
the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right
in your Submissions.
14.
U.S. GOVERNMENT RIGHTS
Our services
are “commercial items” as defined in Federal Acquisition
Regulation (“FAR”) 2.101. If our services are acquired
by or on behalf of any agency not within the Department
of Defense (“DOD”), our services are subject to the
terms of these
We reserve the
right, but not the obligation, to: (1) monitor the Site
for violations of these
16.
PRIVACY POLICY
We care about
data privacy and security. Please review our Privacy
Policy:
These
If
we terminate or suspend your account for any reason, you
are prohibited from registering andcreating a new
account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on
behalf of the third party. Inaddition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil,criminal, and injunctive redress.
We reserve the
right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to
modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any
third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot
guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need
to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without
notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these
These
Any legal
action of whatever nature brought by either you or us
(collectively, the “Parties” and individually, a
“Party”) shall be commenced or prosecuted in the
21. CORRECTIONS
There may be information on the
Site that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing,
availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the
Site at any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23.
LIMITATIONS OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24.
INDEMNIFICATION
You agree to defend, indemnify,
and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss,
damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of:
25.
USER
DATA
We will maintain certain data
that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform
regular routine backups of data, you are solely
responsible for all data that you transmit or that
relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from
any such loss or corruption of such data.
26.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the
Site, sending us emails, and completing online forms
constitute electronic communications. You consent to
receive electronic communications, and you agree that
all agreements, notices, disclosures, and other
communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by
any means other than electronic means.
27.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or
(916) 445-1254.
28.
MISCELLANEOUS
These
29.
CONTACT
US
In order
to resolve a complaint regarding the Site,
or to receive further information regarding use of the
Site, please contact us at:
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