TERMS OF ACCEPTABLE USE AND THIRD PARTY CONTENT
Last Updated: July 1, 2020
By ACCESSING, visiting, OR USING the site, you accept and consent to all of these CONTENT TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE CONTENT TERMS OR INTEGRATED POLICIES AND Agreement, PLEASE DO NOT VISIT, ACCESS, OR OTHERWISE USE THE SITE.
1. Use of The Site. The Site is for your personal, non-commercial and lawful use only. You may not use the Site, or any content within the Site, for any purpose that is unlawful or prohibited by these Content Terms, or to solicit the performance of an illegal activity or other activity which infringes our rights or those of other individuals or entities.
If you make any unauthorized use of the Site, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
2. Prohibited Uses. You may not (a) decompile, disassemble, or reverse engineer the Site or any portion thereof; (b) attempt to gain unauthorized access to the Site, any portion thereof, including content accessible via the Site, or any other system or platform through the Site; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual, electronic or other automatic process to access, acquire, copy or monitor any portion of the Site or any content on the Site; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Site to its source. You agree that you will not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not use the Site to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
3. Reliance on Information Posted. The information presented on or through the Site is made available solely for general engagement purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCED PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER SITE VISITOR. The Site includes content provided by third parties, including materials provided by other users and users of our products and services. Any statements or opinions expressed in these materials, and all articles and comments and responses to such articles and other content, other than content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect our opinion. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT, SENSITIVITY, OR ACCURACY OF ANY MATERIALS PROVIDED BY THIRD PARTIES.
4. Links from the Site. If the third party content contains links to other sites or resources provided by third parties, these links are to be used at your discretion only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. IF YOU ACCESS OR USE ANY OF THE THIRD-PARTY WEBSITES LINKED ON THIRD PARTY CONTENT, YOU DO SO AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
5. User Contributions; Monitoring and Enforcement. The Site contains interactive features that allow users to post, submit, display, or transmit content or materials such as posting comments to our blog (collectively, “User Contributions”) on or through the Site. Unless specifically otherwise stated, you agree that by submitting User Contributions to us (a) such User Contributions shall be deemed to be non-confidential, and (b) you grant to us, our affiliates, successors, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such User Contributions, without compensation, acknowledgment or notice to you. You also represent and warrant to us that you have all the necessary permissions and rights to provide such User Contributions to us. You understand and agree that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Contribution violates these Content Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including, without limitation, their intellectual property rights or their right to privacy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Content Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is sensitive, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Content Terms and our Privacy Policies.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
6. Reporting Content. If you at any point see User Contributions that violate the terms of Section 5 of these Content Terms, please immediately notify us at email@example.com. YOU ACKNOWLEDGE AND UNDERSTAND THAT REMOVAL OF SUCH USER CONTRIBUTIONS WILL BE THE ONLY REMEDY.
7. WARRANTY DISCLAIMERS. Your use of the Site is at your sole risk. the SITE, including, without limitation, any materials, information, content, functions, products, text, graphics and links thereon, are provided on an “AS IS” and “AS AVAILABLE” basis, and are provided without warranties of any kind, whether express or implied, including, WITHOUT LIMITATION, implied warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, data accuracy, system integration, and warranties arising from trade usage, course of dealing or course of performance. WE DO NOT warrant that (a) the SITE will function uninterrupted, securely or BE available at any particular time or location; (b) any errors or defects will be corrected; (c) the SITE IS free of viruses or other harmful components; or (d) the results of using the SITE will meet your requirements. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR TERMINATION OF YOUR SPONSORSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. INDEMNIFICATION. YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SITE, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SITE, BY YOU OR ANY PERSON USING YOUR INFORMATION; (B) BREACH OF THESE CONTENT TERMS BY YOU OR ANY PERSON USING YOUR INFORMATION; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR INFORMATION; AND (D) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR INFORMATION.
9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE CONTENT TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that any claim or cause of action related to the SITE and/or these CONTENT Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Governing Law and Venue. These Content Terms and the relationship between you and us will be governed and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Minnesota. Any legal suit, action, or proceeding arising out of or related to these Content Terms will be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the County of Benton County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. If any provision for these Content Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Content Terms will remain in full force and effect.
11. Entire Agreement; Severability; No Waiver; Assignment. These Terms, together with our integrated terms, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Site. Neither the course of conduct between us nor trade practice shall act to modify these Content Terms. If any provision of these Content Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Content Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Content Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Content Terms preclude further exercise of that or any other right under these Content Terms. These Content Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
12. Electronic Communications. The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing in physical form and hand delivered.
13. Changes. We reserve the right, at our sole discretion, to modify or replace these Content Terms at any time. Any changes to these Content Terms will become effective upon posting of revised terms.
14. Copyright. If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us immediately by email at firstname.lastname@example.org.
15. Contact Us. If you have any questions about these Content Terms, contact us by email at email@example.com.