EFFECTIVE JANUARY 1, 2020
DESCRIPTION OF SERVICE
THIRD-PARTY SERVICES AND CONTENT
MODIFICATIONS AND INTERRUPTION TO THE SITES
We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We may update the content on our Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.
As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Sites under the laws of the United States or any other country.
You may not engage in any of the following with regard to the Sites (including without limitation posting or transmitting content through the Sites), and you agree not to use the Sites to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Sites or solicit personal information from any individual;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by the Company in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Sites or any websites or content linked to them;
- interfere with or damage the Sites, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Sites;
- attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Company or create or use a false identity;
- attempt to obtain unauthorized access to the Sites or portions thereof that are restricted from general access;
- use any meta tags or any other "hidden text" utilizing the Company name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Sites;
- engage in any activity that interferes with any third party's ability to use or enjoy the Sites; or
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any the Company content or any use of or access to the Sites;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Sites or monitor or copy our web pages or the content contained thereon;
- deep link to the Sites for any purpose; or frame the Sites, place pop-up windows over any content, or otherwise affect the display of the Sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES. THE COMPANY PARTIES MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES.
UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES' TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content available on our Sites, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively "Content"), are owned by the Company, with all rights reserved, or in some cases may be licensed to the Company by third parties. This Content is protected by the intellectual property rights of the Company or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
PERMITTED USE OF THE CONTENT
Any use of Content on the Sites, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of the Company. You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Sites, without the express consent of those third parties.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES
LINKS TO THE SITES
You are hereby licensed to create hyperlinks to Content on the Sites, provided that the hyperlink accurately describes the Content to which it links. If you include links to our Sites on your website, when the link is clicked, the applicable page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Digital Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by the Company. Under no circumstances may you "frame" all or any portion of the Sites or copy portions of the Sites to a server, except as part of an Internet service provider's incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on our Sites which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact the Company's Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"): Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
101 Marietta Street, Suite 1900, Atlanta, GA 30303
Attn: SFA - IP Inquiry
E-mail: [email protected], subject line "DMCA Notice"
In accordance with the DMCA, it is the policy of Company to terminate use of our Sites by repeat infringers in appropriate circumstances.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Sites, including without limitation blog comments, message board posts, and any other content which does not originate with the Company ("User Content"), is the sole responsibility of the person who made such User Content available on the Sites. Under no circumstances will the Company be liable in any way for any User Content made available through this Sites by you or any third party.
Since the Company does not control the User Content posted on the Sites, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Sites, you may encounter content that you may consider to be objectionable. The Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Sites.
User Content is owned by the author thereof, and the Company does not claim ownership of original works created and posted by individual visitors to this Sites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Sites, you are granting the Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
The Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Sites. You agree that the exercise by the Company of such discretion shall not convert or transform User Content to content owned or provided by the Company, and the user who made such User Content available on the Sites will retain ownership thereof as described below.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
PROVIDING FEEDBACK TO THE COMPANY
We welcome your comments and feedback about our Sites. All information and materials submitted to the Company through the Sites or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Sites or the business of the Company (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but the Company reserves the right to treat any such Feedback as the confidential information of the Company.
By submitting Feedback to the Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Sites in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS