As between you and Company, Company owns the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design and organization of the Site. This includes all intellectual property and proprietary rights in these materials. When you use or download materials from the Site, you do not acquire any ownership of any such content, code, data, or materials.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site. Doing so may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Company (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Company or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission.
You are responsible for your use of the Site.
We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
We reserve the right to refuse service and/or terminate access to the Site without prior notice for any user who violates these policies.
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
You may be able to access or use the Site from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Services. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites anywhere on the Site does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate or compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
To the maximum extent permitted under applicable laws, neither company nor its affiliates, nor any of their directors, officers, employees, or agents will be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to the services, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of damages, so some of the above limitations may not apply to certain users.
To the extent company may not, as a matter of applicable law, limit its liabilities, the extent of company’s liability shall be the minimum permitted under such applicable law.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or company’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the arbitration rules, and the right to certain remedies and forms of relief. Other rights that you or Company would have in court also may not be available in arbitration.