Last updated: November 18, 2014
Collection and Use of Personal Information.
The Site and the Services contains material, such as text, graphics, images, and other material provided by us or on behalf of us, and, through your use of the Site and/or the Services (the “Content”). The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes (but is not limited to) the trademarks, service marks, and logos that are used and displayed on the Site or the Services, which are registered and unregistered trademarks or service marks of ours or our licensors.
You are not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use; (iii) remove any copyright or other protected notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We can give the Unsolicited Information to anyone we want, and we or anyone else may use it for any purpose whatsoever, including (but not limited to) reproduction, transmission, publication, broadcast, and further posting. Further, we or anyone else are free to use any ideas, know-how, or techniques contained in any communication or material you send to the site for any purpose, including (but not limited to) developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND THE CONTENT ARE ALL PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RELATED TO YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR THE CONTENT.
IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Class Action Waiver.
You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) 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. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.