- I represent and warrant that I am over the age of majority, legally competent to make this Agreement. I represent and warrant that I will use my Account only for lawful purposes and will not use my Account to engage in any conduct that is unlawful or prohibited by this Agreement.
- I understand and agree that to access and use the functionality of my Account, and the password protected section of Our Website, I must become a Registered User of the Website. I agree to provide true, accurate and complete information about myself, as prompted by the online Account registration process, including my name and valid email address. In addition, I agree to update my registration information as necessary to maintain its accuracy. You further understand and agree that We may require You to change Your Account password from time to time for security purposes.
- You understand that We may discontinue or change Your Account at any time without notice to You. You further understand that We do not make any commitment to update the information and content on Your Account or the Website.
- I acknowledge and agree that my Account may contain advertisements and hyperlinks to third party websites that are not under Our control and that We are not responsible for any content in any advertisement or hyperlink on Your Account or the Website, or for any content in any hyperlinked website. You acknowledge that if You access a third party website from Your Account or the Website, You do so at Your own risk. You understand that a hyperlink to a third party website does not imply that We endorse the content on, or the business of, the hyperlinked website. You understand that You are solely responsible for determining the integrity and reliability of the information in any advertisement or hyperlink on Your Account or the Website, as well as the information on the hyperlinked website. You understand that Your dealings with or participation in promotions of advertisers found on Your Account or the Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between You and such advertisers. You agree We shall be responsible for any loss or damage of any sort relating to Your dealings with such third parties.
- You understand and agree that Your Account and the Website may include information, tips, facts, views and opinions that We deem worthy of publication. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH YOU OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING ANY PERSONAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.
- You agree that, as between You and Us, any electronic or printed content derived from Your Account or the Website, including any of Our trademarks or service marks, or information supplied by third party advertisers or service providers (“Site Materials” or “Content”), constitutes Our copyrighted and proprietary property, or of third parties from whom We have secured permission to display such Site Materials. You acknowledge and agree that any third parties that supply any text, data or images displayed to You at Your Account or on the Website, own all copyrights in and to such data and images, and that You will not contest the validity of such copyright or ownership claims, nor assist others in doing so.
- If You believe in good faith that any Site Materials or Content posted to Your Account or the Website contains any materials that infringe upon Your copyright or other intellectual property rights, You may provide Us, or Our Website service provider with a notice pursuant to the federal Digital Millennium Copyright Act (“DMCA”) in accordance with Our DMCA Policy that can be viewed below.
- You acknowledge that We have granted to You only for as long as this Agreement is in effect a limited, non-assignable, and non-exclusive license to use Your Account and the Site Materials solely for Your personal and non-commercial use. You will not copy, re-distribute, re-transmit, commercialize, sell, license, re-license, sub-license, or otherwise make the Site Materials available to any third party, or use such Site Materials in any manner that competes with Us.
- You will use Your best efforts to cooperate with Us on reasonable terms in the event We deem it necessary to seek to enjoin or otherwise prohibit the unauthorized use of Your Account or the Site Materials displayed thereon by a third party.
- You hereby grant to Us a non-exclusive, royalty-free, perpetual, worldwide license to copy, distribute, re-license, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat any materials or content that You submit or contribute to Your Account or the Website, or transmit to Us, including feedback, comments, and suggestions for improvement to the content or functionality of Your Account or the Website (“Submissions”), and to use Your name in connection with Your Submissions in Our discretion, provided that You may revoke Our permission to use Your name in connection with Your Submissions by written notice to Us. We are not obligated to publish or use any of Your Submissions, and may remove such Submissions from display on Your Account, or on the Website at any time without notice to You, and without Your consent. You represent and warrant that any Submissions made by You do not infringe upon the intellectual property rights of any third party. You understand and agree that We do not assume any responsibility or liability for any material or content that You submit to or through Your Account or the Website, or directly to Us. You understand that You are not entitled to any compensation for the use of Your Submissions as licensed above. You understand that You may not post to Your Account or transmit to Us, any “Prohibited Submissions”, which shall include, but are not limited to, Submissions that are deemed by Us in our sole discretion to be patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group, individual, or property; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote or disseminate information that I know is false or misleading or promote illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous; promote or disseminate an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that is posted without that person’s consent. We reserve the right in Our sole discretion to investigate and take appropriate legal action against anyone who We have reason to believe has violated this provision, including without limitation, removing the offending Submissions from any Accounts, or other websites hosted or maintained by Broker on which they appear, and terminating the Accounts of such persons.
WE DO NOT ASSUME ANY RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS. WE DO NOT ASSUME ANY RESPONSIBILITY FOR MONITORING SUBMISSIONS AND, IF AT ANY TIME WE CHOOSE, IN OUR SOLE DISCRETION, TO MONITOR SUBMISSIONS, WE NONETHELESS DO NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE, INACCURATE OR PROHIBITED SUBMISSION, OR ANY RESPONSIBILITY FOR YOUR OR ANY OTHER REGISTERED USER’S CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING YOUR ABILITY TO RELY UPON ANY SUBMISSIONS SUBMITTED BY OTHER REGISTERED USERS OR OTHERS, OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER REGISTERED USERS OR OTHER PERSONS.
- We use GOOD FAITH efforts to provide accurate, complete, and current information on YOUR ACCOUNT AND THE website, BUT you UNDERSTAND THAT it is your responsibility to verify any information provided ON OR THROUGH your ACCOUNT OR THE website. We do not guarantee or warrant that the content ON ANY ACCOUNT OR THE website is accurate, complete, timely, or free of technical or typographical errors. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONTENT DISPLAYED ON YOUR ACCOUNT OR THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING YOUR ACCOUNT OR ANY OTHER ACCOUNT, WEBSITE OR PROPERTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE CONTENT AVAILABLE TO YOU ON YOUR ACCOUNT, THE WEBSITE OR ANY OTHER ACCOUNT OR PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO YOUR ACCOUNT OR THE WEBSITE AND THE CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH YOUR ACCOUNT, OR ANY OTHER ACCOUNT, OR THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT ON, OR ACCESSIBLE THROUGH, SUCH ACCOUNTS, WEBSITES OR PROPERTIES. WE DO NOT MAKE ANY WARRANTIES REGARDING ANY INFORMATION OBTAINED BY YOU, OR ANYONE ACTING ON YOUR BEHALF, FROM ANY HYPERLINKED THIRD PARTY SITE.