These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and
Crudus Kaldheim ("Company,"
“we," “us," or
“our”), concerning your access to and use of the
https://crudus.no
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
We are registered in
Norway
and have our registered office at
Skeisvold 60, Haugesund,
Rogaland
5518. Our VAT number is
989330705. You agree that by
accessing the Site, you have read, understood, and agreed to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
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 Terms of Use
from time to time. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that you
check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
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 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).
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or
register for the Site.
2.
INTELLECTUAL PROPERTY RIGHTS
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 Terms of Use, no part of
the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
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: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply
with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
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).
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.
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:
-
Systematically retrieve data or other content from the Site
to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
-
Use any information obtained from the Site in order
to harass, abuse, or harm another person.
-
Make improper use of our support services or submit
false reports of abuse or misconduct.
-
Use the Site in a manner inconsistent with any
applicable laws or regulations.
-
Engage in unauthorized framing of or linking to the
Site.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features,
functions, operation, or maintenance of the
Site.
-
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and
extraction tools.
-
Delete the copyright or other proprietary rights
notice from any Content.
-
Attempt to impersonate another user or person or use
the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
-
Interfere with, disrupt, or create an undue burden on
the Site or the networks or services connected to the
Site.
-
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Site to you.
-
Attempt to bypass any measures of the Site designed
to prevent or restrict access to the Site, or any
portion of the Site.
-
Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
-
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of
the Site.
-
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or
launching any unauthorized script or other
software.
-
Use a buying agent or purchasing agent to make
purchases on the Site.
-
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users
by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
-
Use the Site as part of any effort to compete with us
or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
-
Use the Site to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you
to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent and
warrant that:
-
The creation,
distribution, transmission, public display, or
performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral
rights of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of
the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
-
You have the written consent, release, and/or permission
of each and every identifiable individual person in your
Contributions to use the name or likeness of each and
every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
-
Your Contributions are not false, inaccurate, or
misleading.
-
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or
publicity rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive comments
that are connected to race, national origin, gender,
sexual preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the
Site.
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without
limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology
now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted
in your Contributions.
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.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate
locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
8. 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 no obligation 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 our opinions 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 a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable,
and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
9. MOBILE APPLICATION 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 Terms of Use. You shall
not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3)
violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4)
remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the
licensors of the application; (5) use the application for any
revenue generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the
application available over a network or other environment
permitting access or use by multiple devices or users at the
same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the
application; (8) use the application to send automated queries
to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the
application.
Apple and Android Devices
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 Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3)
in the event of any failure of the mobile application to
conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the
purchase price, if any, paid for the mobile application, and
to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever
with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government
list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service
agreement when using the mobile application; and (6) you
acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms of Use,
and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in
these Terms of Use against you as a third-party beneficiary
thereof.
10. SUBMISSIONS
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.
11. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use
or installation of any Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you
should be aware these Terms of Use no longer govern. You should review
the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of
the Site.
13.
PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy
Policy posted on the Site, which is incorporated into
these Terms of Use. Please be advised the Site is hosted
in
Norway. If you access the Site from any other region of the
world with laws or other requirements governing personal
data collection, use, or disclosure that differ from
applicable laws in
Norway, then through your continued use of the Site, you are
transferring your data to
Norway, and you agree to have your data transferred to and
processed in
Norway.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Site infringes
your copyright, you should consider first contacting an
attorney.
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating 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. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
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 Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
These conditions are governed by and interpreted following the
laws of Norway,
and the use of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. If your
habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory
provisions of the law of your country of residence.
Crudus Kaldheim and yourself both
agree to submit to the non-exclusive jurisdiction of the courts of
Rogaland, which means that you may
make a claim to defend your consumer protection rights in regards
to these Conditions of Use in
Norway, or in the EU country in which you reside.
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
"Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and collectively,
the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly
provided below) informally for at least
thirty (30)
days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to
the other Party.
Any dispute
arising from the relationships between the Parties to this contract
shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of
arbitration shall be Haugesund,
Norway. The language of the proceedings shall be
English, Norwegian.
Applicable rules of substantive law shall be the law of
Norway.
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any
other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that
court.
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.
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:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in
these Terms of Use; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom
you connected via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.