Accessing the Services: You are responsible for both making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
We reserve the right to withdraw or amend the Sites, Services, and material we provide through the Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of, an entire, or all Sites and/or Services.
Outdated Information: We may update the content of the Sites or our Services from time to time, and the content may not necessarily be complete or up-to-date. Any of the material on the Services may be out of date at any given time, including but not limited to any pricing, and we are under no obligation to update such material.
Reliance on Information Posted: The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information including, but not limited to, information related to pricing, advice or information posted on the blog page, and current job openings. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites or user of the Services, or by anyone who may be informed of any of contents of the Services.
You may use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services, or assist or encourage any other party, to engage in any of the following prohibited activities:
Intellectual Property Rights: The Sites, Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
Allowable Uses: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites or as provided as part of our Services, except as follows:
Prohibited Actions: You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites, Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks: Our name, trademarks, service marks, logos, designs, and slogans are trademarks of ours or our affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. You may not use such marks without our, or the respective owner’s, prior written permission.
The Services may contain links to other websites and resources provided by third parties, which links are provided for your convenience only. This includes links contained in social media links, sponsor or partner links, and advertisements, including banner advertisements, if applicable. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions for such websites.
The Services are intended solely for persons who are 18 years of age or older. If you are under the age of 18, or such higher age as may be required in your country to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Services, you represent and warrant that you are of legal age to form a binding contract, typically 18 years of age or older. If you do not meet this requirement, you must not access or use the Services.
No Guarantee: You understand that we cannot and do not guarantee or warrant that files available for downloading from the Services will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Disclaimer of Warranties: YOUR USE OF THE SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES, SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES, SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability: WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SERVICES) ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SITES, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICES, THE USE OF THE SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR PARENT, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SITES, THE SERVICES, OR ANY PROGRAM IS TO STOP USING THE SITES AND THE SERVICES AND WITHDRAW FROM ANY PROGRAM IN WHICH YOU ARE ENROLLED. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY US OR ANY OTHER PERSON OR COMPANY REGARDING COMMUNICATION OR CONTENT ON THE SITES. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (USD $100.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By utilizing the Services you agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any and all liability, losses, costs, fines, penalties, assessments, and expenses, including attorneys’ fees and costs, incurred by us through your use of the Services in violation of these Terms including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Services, but we have the right to do so for the purpose of operating the Sites, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent, at your expense), or if we believe that such action is necessary to (i) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Sites; or, (iii) to exercise or protect the rights, property, or the safety of us, our users, or others.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE MINIMUM TIME ALLOWED IN YOUR JURISDICTION IF LONGER; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
For all legal proceedings arising out of use of the Sites, the Services, and/or relating to these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Indiana. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the Indianapolis, Indiana, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
By giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us concerning our Services (collectively, “Communications”). Communications may be those that we are required to send to you by law concerning us, your Personal Information, the Sites, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons, such as related to your application or account or your order or purchase. You may change the email or phone number on file for your account by contacting us through a means provided in the “Contact Us” section of these Terms. You may opt out of receiving all Communications, other than Required Communications, via email by clicking the unsubscribe link at the bottom of the emailed Communication or by replying to the email with your request and a statement that identifies your full name, account number, if any, and email address. However, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
Our notices to you via email, regular mail, account notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Relationship: You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Services. These Terms are not intended to confer any third-party beneficiary rights.
Assignment: You may not assign, delegate or otherwise transfer your account or your obligations under these Terms. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to our Sites. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If you have questions, comments, or concerns regarding these Terms, please contact us at firstname.lastname@example.org