Introduction
You
may be referred to as the Licensee. The terms
'You' or 'Licensee' includes you and any of your owners, employees,
partners, independent contractors, subsidiaries, affiliates, attorneys,
agents, heirs, and assigns.
We
may be referred to as Licensor. The terms 'Us,'
'We,' 'Website,' or 'Licensor' includes our owners, employees,
subsidiaries, independent contractors, agents, attorneys, and assigns.
We
do not direct this website to persons under 18,
nor do we knowingly collect any personal information from children
under the age of thirteen.
Disclaimers
ALL
CONTENT IS PROVIDED "AS IS" AND ANY AND ALL
WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
The
use of our information, products and services
should be based on your own due diligence and you agree that we are not
engaged in any professional service such as providing legal advice or
medical services.
Our
cumulative liability to you or anyone else for
any loss or damages resulting from any claims, demands, or actions
arising out of or relating to this Agreement or use of the content or
website shall not exceed the amount you have paid to us for the product
or service. In no event shall we be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost
profits, even if we have been advised of the possibility of such
damages. You agree that the foregoing constitutes your sole and
exclusive remedy for any breach of this Agreement. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
We
are not responsible in any manner for links or
linked content on websites owned or controlled by others. We provide
any links only as a convenience and not as a recommendation or
endorsement of the linked content.
Prohibited
Uses
You
will not assign, sublicense, transfer, pledge,
sell, lease, rent, lend, or otherwise copy the content, or any part of
it, or share your rights under this Agreement, to others.
You
will not give others access to your username and password.
You
will not violate any laws, third party rights, or
this Agreement. This includes, but is not limited to, not posting any
material or content that is defamatory, harassing, belongs to someone
else, is obscene or pornographic
You
will not provide false or misleading information to us.
Indemnification
You
agree to indemnify, defend and hold us harmless
from and against all claims, demands, losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from your
actions or conduct.
No
Assignment
You
cannot assign this Agreement, or any aspect of your rights and
responsibilities.
Consent
to Use Information
When
you communicate with us, send us information, or
provide content to us or our website, you grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable right to
exercise all copyright and publicity rights you have in the content, in
any manner whatsoever, in any media now known or which may be created
in the future, including in other works and forms not associated with
this website.
No
Waiver of Rights
Our
failure to enforce any rights granted in this
Agreement or to take action against any other party in the event of any
breach shall not be deemed a waiver by us as to subsequent enforcement
of rights or subsequent actions in the event of future breaches.
Miscellaneous
This
Agreement in all respects shall be governed by
and construed according to the laws of the United States of America, to
the exclusion of any other applicable body of governing law, without
regard to conflicts of laws principles.
This
Agreement is entered into in Loudoun County, Virginia.
You consent to the exclusive jurisdiction of this county for any
dispute
arising from or related to this Agreement.
You
agree that the exclusive venue for any dispute
arising from or related to this Agreement will be a court located in
Loudoun County, Virginia.
Should
any term of this Agreement be declared void or
unenforceable, that term shall be severed from the Agreement such
declaration shall have no effect on the enforceability of the remaining
terms.
This
Agreement contains the complete and entire
understanding and agreement between you and us and supersedes any
previous communications, representations, or agreements, verbal or
written, related to the subject matter of this Agreement.
This
Agreement may not be modified or amended orally,
impliedly, or in any manner not set forth in writing or permitted by
this Agreement.
This
Agreement may be amended by us at any time and
without notice, but only by amending this Agreement as posted on this
website, unless otherwise agreed to in a writing signed by both of us.
Any
amendments will become effective 30 days after
being posted on the website, unless circumstances require that a change
be immediately implemented. As a condition for this Agreement you agree
to periodically check this Agreement posted at this page.
You
agree that your continued use of our product or
service after that date will constitute your consent and acceptance of
the amendment.