Use of website
You are responsible for maintaining the confidentiality of your Website password and you are solely responsible for all activities that occur under your password. You agree to notify THE COMPANY immediately of any unauthorized use of your password or any other breach of security related to the Website. THE COMPANY reserves the right to require you to change your password if THE COMPANY believes that your password no longer is secure.
You agree not to use the Website (a) in a manner that violates any applicable law, regulation, rule, order, treaty, or other law; (b) to interfere with third parties’ rights; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Website or servers or networks connected to the Website. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or (2) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. THE COMPANY ASSUMES NO LIABILITY 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, ANY USER CONTENT. 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, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE COVERED SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE COVERED SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE COVERED SITES, ANY CONTENT POSTED ON OR THROUGH THE COVERED SITES, OR CONDUCT OF ANY USERS OF THE COVERED SITES, WHETHER ONLINE OR OFFLINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR (A) ANY INDIRECT, SPECIAL,CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE THOUSAND UNITED STATES (US$1,000.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Certain areas of the Website may permit you to submit feedback, messages, or other materials (each, a “User Submission”). THE COMPANY may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. THE COMPANY is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. THE COMPANY is not responsible for any loss, theft, or damage of any kind to any User Submissions. THE COMPANY does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that THE COMPANY will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. By submitting any User Submission, you represent and warrant that:
Links to third-party websites
Some links on Website may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the Website. THE COMPANY is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, THE COMPANY does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the THE COMPANY Network, you do so entirely at your own risk.
Procedure for making claims of infringement
Your written notice must:
- contain your physical or electronic signature;
- identify the copyrighted work or other intellectual property alleged to have been infringed;
- identify the allegedly infringing material in a sufficiently precise manner to allow THE COMPANY to locate that material;
- contain adequate information by which THE COMPANY can contact you (including postal address, telephone number, and e-mail address);
- contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- contain a statement that the information in the written notice is accurate; and
- contain a statement that you are authorized to act on behalf of the copyright or other intellectual property right owner.
When you visit the Site or send e-mails to THE COMPANY, you are communicating with THE COMPANY electronically. THE COMPANY may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that THE COMPANY provides to you electronically satisfy any legal requirement that such communications be in writing.