By accessing this web site (“Website”) or downloading or installing any of our software (“Software”), you are agreeing to be bound by these web site legal terms and conditions of use (“Terms”) and understand that you are entering into a binding legal agreement with us (“Vendor”). You agree:
- That you are responsible for compliance with any and all applicable laws or regulations;
- To comply with all applicable laws and regulations;
- That you are 18 years of age or older and able to enter into a binding legal agreement;
- That if you are accessing or making any use of our Website or Software under any of the following conditions that you also legally bind your employer to these Terms: (a) you are using either a computer, phone, tablet, or any Internet service provided by your employer, (b) you are being paid by your employer while using our Website or Software, or (c) you are physically located at your employer’s place of business while using our Website or Software;
- That you are not prohibited in any way from accepting these Terms in full;
- That any misrepresentation of your status shall constitute fraud and be prosecutable by law.
If you do not agree with the Terms, you are prohibited from using or accessing this web site or using any of our software or services.
The materials contained in this web site are protected by applicable copyright and trade mark law.
You assert and confirm that no laws or regulations of any municipality, state, country, commonwealth, or any union of countries or municipal entities of any kind shall in any way govern or apply to your use of the Website or Software, other than those of Vendor’s Location. You affirm that you are not subject to any laws or regulations that would impose any legal or financial constraints, obligations or penalties on Vendor other than those of Vendor’s Location. You affirm that you are not subject to any information privacy laws or regulations other than those enacted by the legislative bodies and duly appointed authorities of Vendor’s Location. In the event that you misrepresent your status to us, you agree to provide for our full legal defense and to reimburse us in full for any damages that occur either directly or indirectly as a result of your use of our Website or Software, even if such use was accidental or unintended.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.
You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.
Vendor will be free of liability to you where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken reasonable action to mitigate such an event.
These Terms, and any dispute arising out of or in connection with them, shall be governed exclusively by and construed in accordance with the laws of the State of North Carolina, United States of America (“Location”).
You agree that linking to our website in any way represents an endorsement by you of our brand, products and services, that you have legal authority to make such endorsement on behalf of the website(s) upon which you place or allow to be placed such links, and that we may use your name and image or likeness from your website(s) in order to represent that you have endorsed us without notice to you.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
The owner of this website may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately. You agree in advance that you will be considered to be retroactively bound by any changes we may make even if such changes should not be posted here for any reason.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER OF THIS WEBSITE OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.