RocketJudge by Populy Voting Systems LLC
Terms of Service (TOS)
This document was last updated on October 19, 2019.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Welcome to the RocketJudge.com website. RocketJudge is a product of Populy Voting Systems, LLC. These Terms of Service are a legal agreement entered into between you and Populy Voting Systems, LLC, a Limited Liability Company organized under the laws of the state of Georgia (“Populy,” the “Company,” "We," “Us,” or "Our"). The following Terms of Service, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of this website, including any content, functionality, and services delivered through the domain www.rocketjudge.com (collectively, the “Website”).
BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THESE TERMS OF SERVICE, AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE.
These Terms of Service May Change.
Populy reserves the right to update or modify these Terms of Service at any time without prior notice and in its sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms of Service from time to time so that you are aware of any changes. However, if we make material changes to these Terms of Service, we will notify you either through the email address you have provided, if permitted, or by means of a prominent notice on the Website before the change becomes effective. Any changes to these Terms of Service will be in effect as of the “Last Updated” date referenced above in these Terms of Service. Your use of the Website following any such change constitutes your binding acceptance and agreement to the Terms of Service, including any changes or modifications that we make. If any part of these Terms of Service, or future changes to these Terms of Service, are not acceptable to you, you must not use or access the Website.
1. LICENSE GRANT. The Website is provided by Company, and these Terms of Service provide you a personal, revocable, limited, non-exclusive, non-transferable license to use the Website and any programs, services, tools, materials, or information made available through or from the Website for the Term specified in Section 18 hereof conditioned on your continued compliance with these Terms of Service. These Terms of Service permit you to use and access, for personal or non-commercial purposes only. If you are using the Website on behalf of a company, please note that such company may have a separate agreement with Populy regarding access to and use of the Website. Nevertheless, your personal use of the Website will be subject to the obligations and restrictions regarding use of the Website as set forth in these Terms of Service. You agree that you will not attempt to reverse engineer or reproduce any part of the Website or any programs, services, tools, materials, or information made available through or from the Website.
The Website and all information and content contained therein is protected by contract law and various intellectual property laws, including domestic and international copyright laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except that your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your browser for display enhancement purposes. Subject to the restrictions set forth in these Terms of Service, and except for content specifically and expressly made available for redistribution, you may print or download information from the Website only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.
2. RESTRICTIONS. The foregoing license is limited. THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SERVICE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS OR SERVICES BY APPLICABLE LAW. BY USING THE WEBSITE OR OBTAINING SERVICES FROM THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT USE OR ACCESS THE WEBSITE.
You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Website in any manner not expressly permitted by these Terms of Service. In addition, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, reverse engineer, reengineer, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. You further agree to use the Website only for lawful purposes and in accordance with these Terms of Service. Specifically, you agree:
- (i) that you will not to use the Website in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
- (ii) that you will not access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers) or use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website;
- (iii) that you will not access (or attempt to access) the Website by any means other than through the interface that is provided by the Company and that you will not attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the accounts of another users, or any other systems or networks connected to the Website or to any Company server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means;
- (iv) that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Website (or the servers, networks, and databases which are connected to the Website);
- (v) that you will not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the Company’s express written consent;
- (vi) that you will not use the Website to transmit or send unsolicited commercial communications;
- (viii) that you will not to use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (ix) that you will not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website,
- (x) that you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, ransomware, or other material which is malicious or technologically harmful to the Website (or the servers, networks, and databases which are connected to the Website);
- (xi) that you will not reverse look-up, trace, or seek to trace any information on any other Authorized User(s) of or visitor to the Website,
- (xii) that you will not edit or otherwise modify any content on the Website that is not owned by you or another person or entity for whom you act as their agent;
- (xiii) that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company's systems or networks or any systems or networks connected to the Website,
- (xiv) that you will not engage in any activity that interferes with or disrupts the Website (or the servers, networks, and databases which are connected to the Website);
- (xv) that you will not use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website,
- (xvi) that you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- (xvii) that you will not use the Website to harvest or collect email addresses or other contact information;
- (xviii) that you will not market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without the Company’s express, separate, and prior written permission;
- (xix) that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Website for any commercial purpose (except for content specifically and expressly made available for redistribution);
- (xx) that you will not use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company;
- (xxi) that you will not use the Website or our services to collect any sensitive personal information or special categories of personal data as defined under applicable state law and/or the EU General Data Protection Regulation, 2016/679 (the “GDPR”) without obtaining all consents required by applicable laws; and
- (xxii) that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which you may suffer) of any such breach.
3. USER OBLIGATIONS. By downloading, accessing, or using the Website , you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms of Service any personally identifiable information, which you receive or which is made available from Company. These Terms of Service are also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to, or transmissions or communications with, the Website is solely at your own risk. While Company has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website cannot be completely secure and is not guaranteed. You agree to assume all responsibility concerning activities related to your use of the Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Website shall only be available through the sole discretion of Company.
If applicable, you further represent and acknowledge that your use of the Website and the Company’s services will comply with all applicable laws relating to student information, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), the Children's Online Privacy Protection Act (COPPA), and corresponding state laws (e.g. California’s Student Online Personal Information Protection Act (SOPIPA)). You shall protect the privacy of students’ educational records and information, and you represent and warrant that you have implemented policies, procedures, and controls designed to protect such information and to ensure compliance with applicable laws. You shall be responsible for responding to any requests for information made under any individual rights created by federal or state law (e.g. the right to inspect, review, and request the amendment of educational records, as well as the right to opt-out of certain permitted disclosures, including directory information under FERPA).
4. DELIVERY OF INFORMATION. The information presented on or through the Website is made available solely for informational purposes. The Company uses reasonable efforts to update the information on the Website. However, the contents of the Website are subject to change without notice. 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 reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
When using the Website, you may provide Company with content or information in using the Website and/or our voting software (a "Posting"). In connection with delivering and providing to Company any such Posting, you hereby and automatically grant to Company a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such Posting. With respect to any such Posting, you confirm that you have obtained at your sole expense, all necessary consents, rights, permissions, and clearances (and will provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company's services and the Website. Any rights of Company in such data shall extend beyond the Term of this agreement, as identified in Section 18 hereof, for a period of 20 years from the date of Termination. Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Website in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information.
Please contact us at the contact information provided below if you have questions about the information presented on the Website.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, user registration with the Website, and/or to other specific portions or features of the Website, all of which are made a part of these Terms of Service by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website.
6. USER NAME HANDLING POLICY. Registration is required for access to certain areas of the Website, and such registration requires both a username and a password. Limiting access helps avoid unauthorized usage because anyone with knowledge of both your user name and password can gain entry to your account. Accordingly, by using the Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another user's username and password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a username or password at any time and for any reason. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Notice.
8. PROPRIETARY RIGHTS. These Terms of Service provide only a limited license to access and use the Website. These Terms of Service do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of the Company or the respective intellectual property owners. Modification of any content on the Website is explicitly prohibited. You are also prohibited from utilizing this Website in any way that would damage its content or visibility for other visitors. As between the Company and you, the Company has and retains exclusive and valid ownership of the Website, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of the Company. The Company, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of the Company. All other product names and company logos mentioned on the Website or in the information or content contained therein are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company or the respective owners of such information or intellectual property. You agree that you will not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website or the information and content contained therein.
You acknowledge and agree that all content and materials available on the Website (the "Content") are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. Systematic retrieval of Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms of Service is prohibited.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website is strictly prohibited without the express written permission of the Company. You may download, store, print, and copy selected portions of the Content of the Website, provided that you:
No right, title or interest in the downloaded Content is transferred to you when you download Content from the Website; provided, however, that users who are event organizers and Company customers shall own the polling and results data from their event(s) as downloaded from the Website. The Company reserves all intellectual property rights in any Content you download from the Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of the Website without first obtaining written permission from the Company.
All rights in the product names, company names, trade names, logos and designs of all the Company or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of the Company or any third party.
- only use the Content you download for your personal, noncommercial use or to further your business dealings with the Company;
- do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of the Company;
- do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of the Company; and
- do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company's trademarks. This Website is Copyright© 2016 Populy, and/or its licensors. All rights reserved. Company also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company. Populy, the Company logo, POPULY, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited.
The Company accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), the Company reserves the right to terminate your use of the Website or the information and content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
9. FEEDBACK AND SUBMISSIONS. The Company welcomes your feedback and suggestions about Company's products or services or the Website. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Company, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such Feedback. In addition, any Feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, nonexclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
10. LINKS TO OTHER SITES. The Company may provide links, in its sole discretion, to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by the Company and are maintained by third parties over which the Company exercises no control. Accordingly, the Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement by the Company with respect to any third party or any website or the products or services provided by any third party.
11. THIRD-PARTY PRODUCTS/SERVICES. The Company, in its sole discretion, may post the advertisements of third parties on the Website and/or feature materials, programs, products, and services provided by third parties. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services. Your correspondence or any other dealings with third parties on the Website are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
12. DISCLAIMER. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ALL CONTENT AVAILABLE THROUGH THE WEBSITE, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE WEBSITE ARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY, ITS SUBSIDIARIES AND ITS LICENSORS AND ANY PERSONS ASSOCIATED WITH THEM DO NOT WARRANT OR REPRESENT THAT THE WEBSITE OR ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE COMPLETE, SECURE, ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS IN THE WEBSITE OR ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE CORRECTED; OR THAT THE WEBSITE OR ITS CONTENT OR THE SERVERS ON WHICH SUCH IS HOSTED IS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOUR USE OF THE WEBSITE AND THE CONTENT IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUBSIDIARIES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
14. INDEMNITY. You agree to defend, indemnify, and hold harmless Company, its successors and assigns, and their affiliates, and all of their respective employees, agents, contractors, directors, officers, managers, shareholders, members, attorneys, from and against any and all liabilities, claims, proceedings, damages, judgments, awards, injuries, liabilities, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or are related to these Terms of Service or your use or misuse of the Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website or its content. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.
15. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company, you shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by these Terms of Service at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company's rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
16. GOVERNING LAW. These Terms of Service have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Georgia, U.S.A. as applied to agreements entered into and completely performed in the State of Georgia, excluding its choice of law rules. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Georgia for any disputes between us under or arising out of these Terms of Service and the Website. YOU ALSO AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND ACKNOWLEDGE THAT EITHER PARTY MAY SEEK ATTORNEY’S FEES IN ANY PROCEEDING. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms of Service and is hereby disclaimed. Company makes no representation that the Website is appropriate or available for use in other locations outside the State of Georgia, and access to the Website from states, territories, or nations where any aspect of the Website is illegal is prohibited. You access the Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Website. A printed version of these Terms of Service and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings
17. ENFORCING SECURITY ON THE WEBSITE. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. Federal law. Company reserves the right to view, monitor, and record activity on the Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website, in order to protect the Website, Company, or Company's business.
The Company reserves the right to modify or discontinue this Website with or without notice to the user. The Company shall not be liable to users or any third party should the Company exercise its right to modify or discontinue the Website. We do not guarantee continuous, uninterrupted or secure access to our Website. The operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
18. TERM AND TERMINATION. These Terms of Service and your right to use the Website take effect at the moment you access or use the Website or Company’s services, and are effective until terminated as set forth below. Your right to use the Website to input data and/or generate and access analyses and results shall be in accordance with your subscription, provided, however, your subscription and these Terms of Service will terminate automatically, subject to the survival rights of certain provisions identified below, (i) if you notify Company that you reject these Terms of Service, or (ii) on April 15 of each calendar year. In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms of Service, to deny your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other users. Termination will be effective without notice. In addition to the miscellaneous section below, the provisions concerning Company's proprietary rights, rights in data, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of these Terms of Service for any reason. Upon termination, you are permitted to retain any data or other information derived from your data in connection with use of the Website in accordance with these Terms of Service.
Injunctive Relief. You acknowledge and agree that any breach, threatened or actual, of these Terms of Service will cause irreparable injury to Company, that such injury would not be quantifiable in monetary damages, and that Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Service. You hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of these Terms of Service. The parties agree that these Terms of Service are for the benefit of the parties hereto as well as Company's licensors.
Assignment. These Terms of Service are personal to you, and you may not assign or delegate your rights or obligations to any other person or entity without Company's prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service.
No Waiver. Failure by Company to insist on strict performance of any of the terms and conditions of these Terms of Service will not operate as a waiver by Company of that or any subsequent default or failure of performance. No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition, and any failure by the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Severability. If any provision (or part thereof) contained in these Terms of Service is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein, and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Service or your utilization of the Website.
Headings. Headings herein are for convenience only.
Notices. We may provide any notice to you under these Terms of Service by posting to the Website. Notices we provide by posting will be effective upon posting. To give us notice under these Terms of Service, you must contact us as follows: (i) by sending a message to the Contact Information provided at the end of these Terms of Service; or (ii) by personal delivery, overnight courier, or registered or certified mail to the Contact Information provided at the end of these Terms of Service. We may update the e-mail address or mailing address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to the Company at:
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Attn: William Stoy
534 W 112th St
PO Box 250821
New York, NY 10025