Samuel Younge Terms of Service
1. ACCEPTANCE OF TERMS
Samuel Younge ("Samuel Younge") welcomes you. Samuel Younge provides the Samuel Younge Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://tav.org/TermsOfService.aspx By accessing and using the Samuel Younge Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Samuel Younge owned or operated services, you and Samuel Younge shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Samuel Younge may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF Samuel Younge SERVICES
Samuel Younge provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Samuel Younge Services"). You also understand and agree that the Samuel Younge Services may include advertisements and that these advertisements are necessary for Samuel Younge to provide the Samuel Younge Services. You also understand and agree that the Samuel Younge Services may include certain communications from Samuel Younge, such as service announcements, administrative messages and the Samuel Younge Newsletter, and that these communications are considered part of Samuel Younge membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Samuel Younge Services, including the release of new Samuel Younge properties, shall be subject to the TOS. You understand and agree that the Samuel Younge Services is provided "AS-IS" and that Samuel Younge assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Samuel Younge Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Samuel Younge Services.
You understand that the technical processing and transmission of the Samuel Younge Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Samuel Younge has created certain areas on the Samuel Younge Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Samuel Younge Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Samuel Younge Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Samuel Younge Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Samuel Younge has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Samuel Younge has the right to suspend or terminate your account and refuse any and all current or future use of the Samuel Younge Services (or any portion thereof). Samuel Younge is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Samuel Younge Services must create a Samuel Younge Family Account. When you create a Samuel Younge Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Samuel Younge Family Account. By adding a child to your Samuel Younge Family Account, you also give your child permission to access many areas of the Samuel Younge Services, including, email, message boards and instant messaging (among others). Please remember that the Samuel Younge Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Samuel Younge Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
How Samuel Younge Uses Your Personal InformationThis policy covers how Samuel Younge treats personal information that Samuel Younge collects and receives, including information related to your past use of Samuel Younge products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
Samuel Younge's participation in the Safe Harbor program. Samuel Younge participates in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. To view our certification, visit the U.S. Department of Commerce's Safe Harbor Web site. For more information about Samuel Younge's participation in the Safe Harbor program, please visit our Safe Harbor details page.
INFORMATION COLLECTION AND USE
Samuel Younge collects personal information when you register with Samuel Younge, when you use Samuel Younge products or services, when you visit Samuel Younge pages or the pages of certain Samuel Younge partners, and when you enter promotions or sweepstakes. Samuel Younge may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. For some financial products and services we might also ask for your address, Social Security number, and information about your assets. When you register with Samuel Younge and sign in to our services, you are not anonymous to us.
Samuel Younge collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.
Samuel Younge automatically receives and records information from your computer and browser, including your IP address, Samuel Younge cookie information, software and hardware attributes, and the page you request.
Samuel Younge uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Children under age 13 are not allowed to use Samuel Younge System resources or Internet properties.
INFORMATION SHARING AND DISCLOSURE
Samuel Younge does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with Samuel Younge under confidentiality agreements. These companies may use your personal information to help Samuel Younge communicate with you about offers from Samuel Younge and our marketing partners. However, these companies do not have any independent right to share this information.
We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing Samuel Younge to collect and use their child's information without consenting to Samuel Younge sharing of this information with people and companies who may use this information for their own purposes.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
Samuel Younge displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.
Samuel Younge does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
Samuel Younge advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
Samuel Younge works with vendors, partners, advertisers, and other service providers in different industries and categories of business. For more information regarding providers of products or services that you've requested please read our detailed reference links.
Samuel Younge may set and access Samuel Younge cookies on your computer.
Samuel Younge lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Samuel Younge's cookies.
Samuel Younge uses web beacons to access Samuel Younge cookies inside and outside our network of web sites and in connection with Samuel Younge products and services.
Your Ability to Edit and Delete Your Account Information and Preferences
GeneralYou can edit your Samuel Younge Account Information, including your marketing preferences, at any time.
New categories of marketing communications might be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
We reserve the right to send you certain communications relating to the Samuel Younge service, such as service announcements, administrative messages and the Samuel Younge Newsletter, that are considered part of your Samuel Younge account, without offering you the opportunity to opt out of receiving them.
You can delete your Samuel Younge account by visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
ChildrenParents can review, edit, and delete information relating to their child's Samuel Younge account using tools offered by Samuel Younge Family Accounts.
If a parent chooses not to allow us to further collect or use a child's information, parents enrolled in Samuel Younge Family Accounts can delete their child's account by signing into that child's account and then visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
CONFIDENTIALITY AND SECURITY
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
To learn more about security, including the security steps we have taken and security steps you can take, please read Security at Samuel Younge.
If you feel that your inquiry has not been satisfactorily addressed, please click here for information on consumer agencies that may be able to provide you with additional assistance.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Samuel Younge Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Samuel Younge of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Samuel Younge cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Samuel Younge, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Samuel Younge Services. Samuel Younge does not control the Content posted via the Samuel Younge Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Samuel Younge Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Samuel Younge be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Samuel Younge Services.
You agree to not use the Samuel Younge Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Samuel Younge official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Samuel Younge Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Samuel Younge Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Samuel Younge Services or servers or networks connected to the Samuel Younge Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Samuel Younge Services, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Samuel Younge may or may not pre-screen Content, but that Samuel Younge and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Samuel Younge Services. Without limiting the foregoing, Samuel Younge and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Samuel Younge or submitted to Samuel Younge, including without limitation information in Samuel Younge Message Boards and in all other parts of the Samuel Younge Services.
You acknowledge, consent and agree that Samuel Younge may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Samuel Younge, its users and the public.
You understand that the Samuel Younge Services and software embodied within the Samuel Younge Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Samuel Younge and/or content providers who provide content to the Samuel Younge Services. You may not attempt to override or circumvent any of the usage rules embedded into the Samuel Younge Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Samuel Younge Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Samuel Younge NETWORK
When you register with Samuel Younge, you acknowledge that in using the Samuel Younge Services to send electronic communications (including but not limited to email, search queries, sending messages to Samuel Younge Chat or Samuel Younge Groups, uploading photos and files to tav.org, and other Internet activities), you will be causing communications to be sent through Samuel Younge's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Samuel Younge's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Samuel Younge Services and transfer, posting and uploading of software, technology, and other technical data via the Samuel Younge Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Samuel Younge Services to export-prohibited parties or countries; (c) will not use the Samuel Younge Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Samuel Younge Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE Samuel Younge SERVICES
Samuel Younge does not claim ownership of Content you submit or make available for inclusion on the Samuel Younge Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Samuel Younge Services, you grant Samuel Younge the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Samuel Younge Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Samuel Younge Services solely for the purposes of providing and promoting the specific Samuel Younge Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Samuel Younge Services and will terminate at the time you remove or Samuel Younge removes such Content from the Samuel Younge Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Samuel Younge Services other than Samuel Younge Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Samuel Younge Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Samuel Younge Services and will terminate at the time you remove or Samuel Younge removes such Content from the Samuel Younge Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Samuel Younge Services other than Samuel Younge Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Samuel Younge Services are those areas of the Samuel Younge network of properties that are intended by Samuel Younge to be available to the general public. By way of example, publicly accessible areas of the Samuel Younge Services would include Samuel Younge Message Boards and portions of Samuel Younge Groups and tav.org that are open to both members and visitors. However, publicly accessible areas of the Samuel Younge Services would not include portions of Samuel Younge Groups that are limited to members, Samuel Younge services intended for private communication such as Samuel Younge Mail or Samuel Younge Messenger, or areas off of the Samuel Younge network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Samuel Younge.
10. CONTRIBUTIONS TO Samuel Younge
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Samuel Younge through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Samuel Younge is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Samuel Younge shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Samuel Younge may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Samuel Younge without any obligation of Samuel Younge to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Samuel Younge under any circumstances.
You agree to indemnify and hold Samuel Younge and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Samuel Younge Services, your use of the Samuel Younge Services, your connection to the Samuel Younge Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF Samuel Younge SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Samuel Younge Services (including Content, advertisements, Software and your Samuel Younge ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Samuel Younge may establish general practices and limits concerning use of the Samuel Younge Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Samuel Younge Services, the maximum number of email messages that may be sent from or received by an account on the Samuel Younge Services, the maximum size of any email message that may be sent from or received by an account on the Samuel Younge Services, the maximum disk space that will be allotted on Samuel Younge's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Samuel Younge Services in a given period of time. You agree that Samuel Younge has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Samuel Younge Services. You acknowledge that Samuel Younge reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Samuel Younge reserves the right to modify these general practices and limits from time to time.
Samuel Younge Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Samuel Younge accounts located on Samuel Younge servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Samuel Younge too. Your agreement to this TOS constitutes your consent to allow Samuel Younge to store these communications on its servers.
14. MODIFICATIONS TO Samuel Younge SERVICES
Samuel Younge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Samuel Younge Services (or any part thereof) with or without notice. You agree that Samuel Younge shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Samuel Younge Services (or any part thereof).
You may terminate your Samuel Younge account, any associated email address and access to the Samuel Younge Services by submitting such termination request to Samuel Younge.
You agree that Samuel Younge may, without prior notice, immediately terminate, limit your access to or suspend your Samuel Younge account, any associated email address, and access to the Samuel Younge Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Samuel Younge Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Samuel Younge Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Samuel Younge's sole discretion and that Samuel Younge shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Samuel Younge Services.
Termination of your Samuel Younge account includes any or all of the following: (a) removal of access to all or part of the offerings within the Samuel Younge Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Samuel Younge Services.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Samuel Younge Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Samuel Younge shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Samuel Younge Services.
The Samuel Younge Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Samuel Younge is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Samuel Younge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. Samuel Younge'S PROPRIETARY RIGHTS
You acknowledge and agree that the Samuel Younge Services and any necessary software used in connection with the Samuel Younge Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Samuel Younge Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Samuel Younge or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Samuel Younge Services, such Content or the Software, in whole or in part.
Samuel Younge grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Samuel Younge Services. You agree not to access the Samuel Younge Services by any means other than through the interface that is provided by Samuel Younge for use in accessing the Samuel Younge Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE Samuel Younge SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE Samuel Younge SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Samuel Younge AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Samuel Younge SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Samuel Younge SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Samuel Younge SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Samuel Younge SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Samuel Younge SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Samuel Younge OR THROUGH OR FROM THE Samuel Younge SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE Samuel Younge SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Samuel Younge SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Samuel Younge SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Samuel Younge SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
f. USERS OF THIS SYSTEM AGREE NOT TO HOLD Samuel Younge OR ANY OF HIS AGENTS RESPONSIBLE FOR THE LOSS, DAMAGE, OR THEFT OF ANY INFORMATION STORED ON TAV.ORG SYSTEMS OR SUPPORTING SYSTEMS, INCLUDING BUT NOT LIMITED TO EMAIL, PICTURES, IMAGES, WRITTEN TEXT, OR DOCUMENTS.
g. USERS UNDER 18 YEARS OF AGE ARE FORBIDDEN USE OF ANY TAV.ORG SYSTEM.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Samuel Younge AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Samuel Younge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Samuel Younge SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Samuel Younge SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Samuel Younge SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR Samuel Younge SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Samuel Younge Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Samuel Younge Services is provided for informational purposes only, and no Content included in the Samuel Younge Services is intended for trading or investing purposes. Samuel Younge and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Samuel Younge Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Samuel Younge may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Samuel Younge Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Samuel Younge Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Samuel Younge Services in an authorized manner.
25. TRADEMARK INFORMATION
You agree that all of Samuel Younge’s trademarks, trade names, service marks and other Samuel Younge logos and brand features, and product and service names are trademarks and the property of Samuel Younge Inc. (the "Samuel Younge Marks"). Without Samuel Younge's prior permission, you agree not to display or use in any manner the Samuel Younge Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Samuel Younge respects the intellectual property of others, and we ask our users to do the same. Samuel Younge may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Samuel Younge's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Samuel Younge's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
3-2600 Kaumualii HWY Ste 1300
Lihue, HI 96766 USA
By email: email@example.com
27. CLOSED CAPTIONING
Samuel Younge complies with applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. If you have any concerns or complaints regarding video content accessible on the Samuel Younge network of properties.
28. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Samuel Younge and governs your use of the Samuel Younge Services, superseding any prior version of this TOS between you and Samuel Younge with respect to the Samuel Younge Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Samuel Younge services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Samuel Younge each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Samuel Younge, shall be brought exclusively in the courts located in the county of Kauai, Hawaii or the U.S. District Court for the Northern District of Hawaii. You and Samuel Younge agree to submit to the personal jurisdiction of the courts located within the county of Kauai, Hawaii or the District of Hawaii, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Samuel Younge to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Samuel Younge account is non-transferable and any rights to your Samuel Younge ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Samuel Younge Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
The Services and Websites described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for your personal, non-commercial, use only. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability. Terms related to payment of fees (if any) are specified in the applicable Terms of Offer on the Website for the Service(s) of your choosing, and may be updated by us from time to time.
Your files are your responsibility: By uploading or transmitting, sharing and synchronizing your files, you are assuming full responsibility for the consequences of doing so. You are solely responsible for any and all conduct in entering, altering, deleting, modifying, sending or retrieving files, data, text information, screen names, graphics, photos, profiles, audiovisual clips, or any other content submitted, posted, displayed, transmitted, synchronized or shared using your User Identification, including login, password and your account with us. We disclaim any responsibility related to files uploaded, shared or transmitted and synchronized by you or other users.
THIRD PARTY FEES: You may incur access or data or other fees from third
parties, such as your mobile carrier or Internet provider, in connection with
your use of our Services (depending upon your service plan with such entities)
as well as automatic upgrades and updates of the Mobile software. You consent
to such upgrades and updates by using our Services, and agree that these Terms
will apply to all such upgrades or updates. You are solely responsible for any
such incurred third party fees. For example, synchronizing files from a mobile
device may use additional bandwidth or data usage depending on your service
plan with your mobile device provider. We have no control over your service
plans with your third party service providers. You understand and acknowledge
that Samuel Younge is not responsible or liable for any such additional charges which may be incurred by use of our Services.
By using our Services, you will be submitting, receiving and transmitting data, information, files, and folders or other material (“Content”) through your use of our Services and to us as necessary for us to provide the Services that you have requested . You will retain full ownership to all of your Content. We do not claim ownership of any Content you receive, submit, post, transmit, upload, synchronize, delete or share using our Services.
These Terms and your use of our Services do not grant us any rights to your Content or any intellectual property rights except for the limited rights that are needed to provide the Services, as described below.
Permissions. We may request your permission to perform certain functions you ask us to do with your Content, for example, to provide sharing or hosting of your Content at your request. This may include services visible to you, for example, image thumbnails or document previews, or may include invisible choices we make to technically administer our Services, for example, how we back up, store, synchronize or delete data. You authorize and give us the permissions necessary for us to perform all administration and management functions to provide the Services.
Certain software, will ask for permission to perform certain functions related to your Facebook® account. This may include access to your basic information, and other functions in order to provide you with full functionality of the software.
Monitoring. We may review Content for compliance with our Acceptable Use
Policy, but you understand and acknowledge that Samuel Younge has no obligation
to monitor or remove any Content or other information on or in or relating to
our Services. We reserve the right to remove or replace any uploaded files or
Content of any kind, and assume no liability for posted, shared, lost, deleted
or misplaced Content, files, information or data or any kind. We will terminate accounts of users who continuously infringe copyright or whose accounts are subject to multiple infringement allegations. If you repeatedly place files in shared folders or public folders that infringe others’ copyrights, your account will be terminated.
No Liability. Samuel Younge is in no way responsible or liable for the authenticity, legality, appropriateness or accuracy of any Content, public content, posts, blogs, or any other information or materials accessible through our Services.
Our Services include features which allow you to share Content with others or
to make Content publicly shared or viewable. You are solely responsible for all
your shared and public Content. We urge you to share responsibly and carefully,
and to understand that once Content is shared with others or publicly shared,
others may potentially copy, post, modify, re-share, or use such Content
outside of your control. Samuel Younge has no responsibility or liability for any sharing activities.
You consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or on file in your account) from time to time.
By installing and/or using our Services, (collectively “software”), you agree to the following:
i. License. We grant you a non-exclusive license to install and use this software solely for personal use for the limited purpose of accessing and using the Service(s). These Terms create no third party beneficiary rights. We and our software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without requesting your approval. We may require you to update the software on your computer when new versions of the software are released or new enhancements are available. Updates may occur automatically when you use the Service. We are under no obligation to support the software, and may at any time suspend or terminate this license and disable the software. You understand that the software is licensed to you and not sold, and that this TOU/EULA does not grant you any right, title or interest to our intellectual property, Services, the software, Websites, or the content in any of the Services, and that all such rights are expressly reserved to us and our licensors/suppliers.
ii. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software, Services, Websites or content thereof for any reason. You may not modify the software, Services, Websites or content thereof in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way use or transfer the software Services, Websites or content thereof for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau.
iii. Acceptable Use. You will not, and will not attempt to, misuse the Services, Websites, software, or content thereof. You understand and acknowledge that you have the obligation to use the Services only in a manner that is consistent with our Acceptable Use Policy herein.
iv. Governmental Controls. The software and Services hereunder may be subject to controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, or allow access to the software or Services to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the software or Services or access thereto for use in connection with warfare or terrorism of any kind in any country, chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
Note: As used below the terms “you” and “your” also includes persons you authorize to access the Services and/or Intellectual Property.
The Service is controlled and operated by us. The Service, and all materials accessible through the Services, including websites, website content and information, graphics, code, images, text, illustrations, logos, audio and video files (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
DMCA Claims. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:
If you wish to notify our Copyright Agent of a claim of copyright infringement and submit a DMCA notification, please provide written notice. Your notice must contain the following information:
A physical or electronic signature of the person authorized to act on behalf the copyright owner;
Identification or description of the copyrighted work you claim has been infringed;
Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
Your address, telephone number, and email address;
A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
This Section defines the Acceptable Use Policy (“Policy”) relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.
For example, you MAY NOT use the Services to create, synchronize, share, back up, submit, transmit, distribute, receive, provide access to or store any files, data, information or material that:
Violates a trademark, copyright, trade secret or other intellectual property rights of others or impersonates or misrepresents your affiliation with another person or entity
Defames or violates the privacy, publicity or other personal rights of others
Impairs the privacy of communications, accesses, scans, probes the system or network
Contains obscene, offensive, illegal, indecent or inappropriate content or pornography
Is fraudulent or misleading, deceptive or contains false source-identifying information, spoofing or phishing
Breaches or circumvents security or authentication controls, or attempts to do so
Disrupts or interferes with this sites functions, networks, websites or content, including overloading, viruses, planting malware or other system or network damaging activity
May be considered threatening, abusive or hateful or promoting such behaviors
Violates export control laws or regulations
Accesses or searches this sites network, systems or Services by any means other than publicly supported interfaces, including scraping
Encourages conduct that would constitute a criminal offense or give rise to civil liability
Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
Assists or permits any persons in engaging in any of the activities described above
Involves deceptive or unsolicited on-line marketing, advertisements, spam or promotions
Violates the law, including any state, federal or governmental regulation, in any manner
If you become aware of any such activities, you are obligated to immediately notify us.
We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Acceptable Use Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, authorized by you or not, shall be considered violations of this Policy by you. Upon our determination, in our sole discretion, that you have violated our Acceptable Use Policy, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation or claimed to be infringing or to be the subject of infringing activity.
We have the right, but not the obligation, to monitor any activity or Content associated with the Service. We may investigate any reported violation of our policies and take any action we deem appropriate, including terminating your access to the Service and any associated Content present on the Service without notice or recourse by you.
You expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity, synchronization, backup, storage, distribution or other activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials or other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure and to hold us and our affiliates harmless for any such actions.
You agree to indemnify us, defend us and hold us harmless as well as our affiliates, and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney’s fees, arising from or in any way related to any breach of this TOU/EULA or any use by you of the Services, or by any other person using the Services through you or using your computer, or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU/EULA OR THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS, BUSINESS, DATA, OR USE), PUNITIVE, EXEMPLARY OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY) OR WHETHER WE HAVE BEEN WARNED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, INCLUDING WITHOUT LIMITATION ANY ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
By accessing or using the Service(s), You:
agree that the substantive laws of the State of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.
agree that you may not assign any or all of your rights and obligations under this TOU/EULA without our prior written consent, which may be withheld in our sole discretion.
agree that all provisions of this TOU/EULA relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
agree that nothing in this TOU/EULA shall be deemed to convey any third party rights or benefits;
agree that except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
agree that if any portion of this TOU/EULA is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;
agree that no waiver of any breach of any agreement or provision of this TOU/EULA, nor any failure to assert any right or privilege contained in this TOU/EULA, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision; and
agree that this TOU/EULA (including all policies, notices and other terms incorporated into this TOU/EULA by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
QUESTIONS AND SUGGESTIONS
If you have questions, suggestions, or wish to make a complaint, please complete a feedback form or you can contact us at:
3-2600 Kaumualii HWY Ste 1300
Lihue, HI 96766 USA
By email: firstname.lastname@example.org