LICENSE & USE RESTRICTIONS
“Intellectual Property” – including any and all trade secrets, patents, copyrights, trademarks, service marks, URLs, trade dress, brand features, know-how, moral rights, contract rights, code (executable, source and other) and similar rights of any type under the laws of any applicable governmental authority, or international treaty, including, without limitation, all applications and registrations relating to any of the foregoing. Intellectual Property shall mean all intellectual property whether registered or not and whether reduced into practice or not. All content on the Site, including text documents graphics software, etc., as well as trademarks, logos, are solely owned by us or licensed to us. We have the right to edit, delete, distort, modify or move user content from the Site without notice for any reason at any time. Additionally, We have the right to refuse to transmit, e-mail, post or broadcast any content without notice for any reason at any time.
USE OF INFORMATION
The Site may use information (whether personal identifying information or not) that We collect about you, to: Manage your relationship with us and provide you with customer support. Perform research and analysis about your use of, or interest in, our products, services or content, or products, services or content offered by others. Communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or third-parties. Cooperate with legal, criminal or regulatory investigations or proceedings. Manage our business.
You agree to indemnify and to hold us (“Indemnifying Party”) harmless, and indemnify us from and against any expenses (including attorney fees) arising from claims of third-parties made against or incurred by the Indemnified Party as a result of negligence, misrepresentation, error or omission on the part of the Indemnifying Party or any employee, agent or representative of the Indemnifying Party, or any breach of this Agreement by the Indemnifying Party, regardless of whether such claims were foreseeable by the Indemnified Party. The Indemnified Party will have the right to participate, at its expense, in the defense of any claim covered hereunder with counsel of its own choosing. The Indemnified Party shall give the Indemnifying Party prompt notice of any such claim and shall reasonably cooperate with the Indemnifying Party and its counsel in the defense of such claim.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, ALL CONTENT ON THE SITE IS PROVIDED “AS-IS”. WE DO NOT WARRANT THAT THE LICENSED SITE IS ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SITE WILL MEET DISTRIBUTOR’S OR THE END CUSTOMER’S REQUIREMENTS. IN NO EVENT WILL LICENSOR, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i) USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS, ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE PRODUCT, OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, PRODUCT AND PLUGIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LICENSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE PRODUCT, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE PRODUCT WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE PRODUCT; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE PRODUCT IS NONINFRINGING. LICENSOR AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE LICENSOR AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY OF ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.