AGREEMENT BETWEEN USER AND THE COMPANY
LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, any link contained in a Linked Site, webcasting or any other form of transmission received from any Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link on the Site does not imply endorsement by the Company of the Linked Site or any association with its operators. The Company accepts no responsibility for your use of any Linked Site or its content.
NO UNLAWFUL OR PROHIBITED USE
You may not post anything to the Site, such as comments or other content, that infringes any third party intellectual property right (such as copyrights), is defamatory (i.e., something that is negative and untrue about another person or entity), divulges another person’s or entity’s confidential or private information or trade secret, is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory, encourages criminal conduct, advertises or solicits business for products or services other than those that are offered and promoted on the Site, or contains any virus, malware, spyware or other harmful content or code.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. For example, you may not “flood” the Site with requests or otherwise overburden, disrupt or harm the site or its systems. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you or provided for through the Site. You must not access the site through automated means, harvest information using an automated software tool or manually on a mass basis, or circumvent or reverse engineer the Site or its systems.
You may not permit anyone other than yourself to use your username or password to gain access to the Site. You agree to take reasonable steps to maintain the privacy and confidentiality of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. The Company is not liable for any loss or damage arising from your failure to protect your password or account information.
MATERIALS ON THE SITE, INCLUDING USER MATERIALS
By posting, uploading, inputting, providing or submitting materials to the Site (“Submissions”), you grant the Company, its affiliated companies and necessary sub licensees a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use your Submission in connection with the Site and the Company’s businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, except to the extent prohibited by law. You represent that your Submission is original to you and that you have the right to grant the Company these rights. No compensation will be paid with respect to your Submission.
The Company is under no obligation to post, use, monitor, assess the legality or accuracy of, edit or delete any Submission you or any other user may provide; however, the Company reserves the right to do so at any time, for any reason, without notice to you or any other user. Responsibility for what is posted in public areas of the Site lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the Site.
Copyright Infringement Notices
LIABILITY DISCLAIMERS AND LIMITATIONS
The Company is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information, which is necessarily not current and is provided for your reference only.
THE COMPANY AND ITS SERVICE PROVIDERS PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SITE AND MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS ACCESSIBLE ON OR PROMOTED, ORDERED OR PROVIDED VIA THE SITE (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY).
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INFORMATION OR ADVICE ACCESSIBLE VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SERVICE PROVIDERS OR ITS THIRD-PARTY CONTENT PROVIDERS (AND DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE FOREGOING) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO THE COMPANY, OR FOR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS ACCESSIBLE ON OR PROMOTED, ORDERED OR PROVIDED VIA THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS SERVICE PROVIDER OR ITS THIRD-PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF THE COMPANY, ITS SERVICE PROVIDERS OR ITS THIRD-PARTY CONTENT PROVIDERS (AND DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE FOREGOING), IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ITS SERVICE PROVIDERS OR ITS THIRD-PARTY CONTENT PROVIDERS (AND DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE FOREGOING), IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you.
HOW TO CONTACT THE COMPANY
Publishers Circulation Fulfillment, Inc.
502 Washington Avenue, Suite 500
Towson, Maryland 21204