Use Agreement
Last Updated May 25, 2015
  1. Agreement

    Our organization ("We" or "Us"), by way of offering this service, provide technology (collectively referred to as the "Service") to assist you in the interaction with our organization.  Your access to the Service is governed by and subject to the following terms and conditions of this agreement (the "Agreement").  We may update this Agreement from time to time without notice to you; please review this Agreement again prior to subsequent use.  By proceeding to use the Service, you and the entity / entities or company / companies you may choose to represent ("You") agree to be bound by and become a party to the Agreement.  If you do not agree with any terms and conditions of this Agreement, do not join or otherwise use the Service.  You further certify that you, as the individual contracting to use the Service, are at least 18 years of age.  This Agreement is void where prohibited by law, and in such jurisdictions, You should refrain from access to the Service.

  2. Content

    1. Content created by and provided by Us or our affiliates is not transferred or conveyed by this Agreement.
    2. In using the Service, you may upload or otherwise provide information content of your own.  Some content provided by You may be provided for use in a private manner and other content may be provided by You for public posting.  By providing any information to us and the Service, you represent and warrant that you are entitled to use and submit the information.  Further, you warrant that the information is accurate and your use with our Service is not in violation of any contractual restrictions or rights of third parties.
    3. If you choose to make any information public during your use of the Service, you further warrant you have the right to do so and accept all consequences associated with such.  Information you choose to make public will be deemed subject to a non-exclusive, royalty-free, transferable grant to Us to store, retain and use such information in connection with providing and marketing the Service, during and thereafter the life of your account.
  3. Intellectual Property

    1. Our company names, logos, and our service names are not being transferred by this Agreement.  You may not use our names or trademarks in any manner without prior written permission from an authorized agent.
    2. No intellectual properties rights are conveyed from Us to You by this Agreement.
    3. Software used to provide the Service remains the property of its owner and / or other parties with whom we contract.
  4. Use

    1. You agree to use the Service in the intended manner.
    2. You agree to use images consistent with your likeness or that of your business.
    3. You agree to use accurate and lawful information in conjunction with the Service.
    4. You agree not to infringe upon the trademarks, patents, copyrights or other intellectual property of others.
    5. You may not use the Service through or with automated or proxy technologies.
    6. You may not use the Service to market yourself or your business except as intended during ordinary use.
    7. Gathering of information made public by other users of the Service shall be deemed a violation of this Agreement.
    8. You are responsible for compliance with any and all applicable laws, including reporting and paying for taxes associated with your use of the Service.
    9. Spamming or sending excessive communication to other parties through the service shall be deemed a violation of this Agreement.
    10. You agree not to use the Service for the transmission of unlawful, defamatory, libelous, threatening, pornographic, obscene, virus-containing, racially insensitive, religiously insensitive or otherwise objectionable content.
    11. We may terminate user accounts believed to be inactive and / or without use for an excessive duration of time.  At the time of termination, data contained within the account may be deleted.
    12. You agree not to reverse engineer, decompile or attempt to derive the source code of any software used to provide the Service.
  5. Disclaimer Of Warranties

    1. Portions of this section may not apply in jurisdictions where the disclaimer of implied terms in contracts with consumers is not permissible.  This section is otherwise fully binding upon the parties to this Agreement.
    2. The Service is provided on an "as is" and "as available" basis.
    3. We do not control user-provided content and make no warranty as to the accuracy thereof.
    4. We do not have any obligation to verify information provided through the Service.
    5. We may utilize the networks, servers and / or services of other companies in order to provide the Service.  Data may be stored or transported on such networks.  We disclaim all liability associated therewith.
    6. We disclaim all liability for identity theft, data theft, data corruption, data tampering or misuse of data.
    7. We do not guarantee that the Service will operate without interruption or without errors.  Complex hardware and / or software architectures are required for the delivery of the Service and such increases the odds of accidental interruption or errors.  Errors may include errors in data calculations, display or management.  Furthermore, downtime due to system maintenance should be expected, although we commonly make efforts to schedule such downtime during evening or night hours.
    8. A working internet and / or network connection is required for use of the Service.  We disclaim all liability for damages caused by internet or network interruption or data disturbances.
    9. We disclaim any and all implied warranties and representations, including without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, communication deliverability, and non-infringement.  If you are not satisfied with the Service, you may terminate your account in accordance with this Agreement and such will be your sole and exclusive remedy.
  6. Limitation Of Liability

    1. Portions of this section may not apply in jurisdictions where the limitation or exclusion of liability in contracts with consumers is not permissible.  This section is otherwise fully binding upon the parties to this Agreement.
    2. We and our subsidiaries, employees, shareholders, directors, vendors and related companies shall not be liable for any lost profit, lost revenue, lost data, [special, incidental, indirect, punitive or consequential damages], or loss of use arising from your use of the Service.
    3. We and our subsidiaries, employees, shareholders, directors, vendors and related companies shall not be liable for any damages in excess of the aggregate fees paid by You for the Service, or US $100, whichever is greater.
    4. This limitation of liability is an integral part of this Agreement, where the parties acknowledge that, without it, the prices charged for the Service would be higher.
    5. This limitation of liability shall apply even if You base a claim on contract, tort, statute, or basis, and regardless of whether we should have known about the possibility of damages.
  7. Indemnification

    As it may pertain to your use of this Service or use of your user account by any party, You agree to indemnify and hold harmless Us, our parent companies, subsidiary companies, vendor companies, affiliates, officers and employees from any violation of this Agreement, or any infringement of any intellectual property associated with your account.  This indemnification shall include attorneys' fees and costs.

  8. Arbitration

    Any claim arising out of use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and arbitrated as an individual claim not consolidated with the claim(s) of any other party.  The arbitrator's decision shall be final.  Arbitration must be conducted in the State of California, however, judgment on the arbitration award may be entered into any court having jurisdiction.  Notwithstanding anything to the contrary, We may, at any time, seek injunctive relief or other forms of equitable relief from any court of competent jurisdiction.

  9. General

    1. Absent other agreement concerning venue, this agreement shall be governed by the laws of the State of California within the United States of America.
    2. If an arbitrator or court finds any provision of this Agreement to be invalid, illegal, voice or unenforceable, that portion will be modified to render it enforceable with the same original intent.  The remaining terms and conditions shall remain valid and enforceable.
    3. This Agreement is the entire agreement between the parties, except that any websites provided by Us in connection with the service may contain separate privacy policies.  In such instances of overlap, the privacy policies shall apply to the public, anonymous use of such websites whereas the terms contained herein this Agreement shall apply to the authenticated use of any such websites.
    4. If you are reviewing a translated version of this Agreement, the translation serves for your convenience only, and the English-language version of this Agreement will govern the relationship between the parties.
    5. Our failure to act upon a breach of this Agreement shall not be construed as a waiver of our right to act with respect to the breach.
  10. Law Enforcement Requests

    We take user privacy very seriously and act to protect user identities in accordance with this Agreement and applicable website privacy policies.  However, we reserve the right to cooperate with requests from law enforcement or government agencies to disclose information about any user suspected of illegal activity.  Cooperation may include disclosure of information named by formal request of such an agency.  Furthermore, we reserve the right to disable, suspend or terminate the Service temporarily or permanently as a result.

  11. Transferability

    We reserve the right to transfer, assign or delegate this Agreement and its rights and obligations without further consent.