You represent and warrant that You are not a minor (a minor shall mean a person under age according to applicable law) and you have the adequate legal capacity to agree to these Terms.
By using the Website, You represent that (i) Your use of the Website is solely for your internal, personal and non-commercial purposes, and in order to learn about Company products and services and/or contact Compant regarding its products and services, and (ii) Your use of the Website does not (and will not) violate any applicable law or regulation and is (and will be) in strict compliance with these Terms. If Company is informed or has reason to believe that You are not eligible or that you become ineligible to use the Website, Your use may be terminated or suspended without notice, at Company sole discretion.
Company reserves the right to change the Website and/or suspend, discontinue, delete, modify, or remove any content and/or products and/or services offered via the Website, at any time without prior notice, at its sole discretion.
You are granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to access and use the Website strictly in accordance with these Terms and any applicable law, and solely for internal, personal, non-commercial purposes.
By accessing and using the Website, you agree that you will not, and will not permit any third party, in any way, to:
Company reserves the right to terminate or suspend your use of the Website, without prior notice and at its sole discretion, if it is informed or has reason to believe that you are not using the Site in strict compliance with these Terms, including without limitation with sections 5 and 6 above.
You may ask and Company may provide You with a threat analysis report for your site, which may include information regarding your site's security level and privacy protection (the "Report"). The Report reflects the state of Your site only at the time of the scan made by Company. The Report is based on Company's understanding of the industry and best practices, and Company does not guarantee and shall not be held responsible for any rating presented in the Report. Company does not warrant that any information ilustrated in the Report is true, accurate or error free; for example, the Company does not warrant or guarantee that a high score ilustrated in the Report provides for a secure site or that a low score guarantees that the site will be unsecured, attacked, compromised in any way or otherwise. Company shall not be held responsible for any misrepresentation in the Report.
Company owns all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights, in and to the Website (or any part thereof), including any improvements, updates, upgrades, error-corrections or other modifications thereof, and any work products thereof. Except as specifically stated hereunder, You are granted with no right in the Website and/or the intellectual property associated or related thereto and nothing should be inferred as granting to You such rights.
The trademarks, logos and service marks displayed on the Website are Company's exclusive property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from Company or such other third party.
THE WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, BUGS OR ERROR FREE. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
IT IS HEREBY CLARIFIED THAT THE INDUSTRY IN WHICH COMPANY OPERATES IS DYNAMIC AND CHANGES RAPIDLY, AND COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL BE UPDATED AND CORRECT AT ALL TIMES, INCLUDING WITH RESPECT TO ANY CHANGES THAT MAY AFFECT THE REPORT OR OTHERWISE.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIAL DISPLAYED IN OR THROUGH THE WEBSITE OR LINKED TO THE WEBSITE.
NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY (OR ANYONE ON ITS BEHALF) IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY IF NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, (I) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH DAMAGES ARISE FROM THE USE, MISUSE, INABILITY TO USE, OR THE RELIANCE UPON THE WEBSITE, AND WHETHER THEY ARISE FROM THE INTERRUPTION, DELAY, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE; AND (II) IN NO EVENT COMPANY'S AGGREGATE LIABILITY, IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR IN CONNECTION WITH THESE TERMS, SHALL EXCEED 100 US DOLLARS .
The Website may contain authorized or unauthorized advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Website is accurate and complies with applicable laws. COMPANY IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER'S OR SPONSOR'S MATERIALS. COMPANY DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE COMPANY WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT. [Optional]
You agree to indemnify, defend and hold harmless Company, its parent companies, subsidiaries, affiliated companies, officers, directors employees and agents from and against any and all liability, claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorney's fees and costs of litigation), resulting from or arising out of Your breach of these Terms and/or Your use of the Site, or any violation by You of any rights of a third party.
In connection with using the Website, you may provide Company with information regarding your experience while using the Website. Any and all information that you voluntarily choose to provide Company as feedback shall be used solely for the purpose of reviewing the feedback and improving the Website and/or Company products and services. All ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback (written or oral) that you provide to Company, shall be owned exclusively by Company, and you shall not have any right in connection therewith.
15.1 Entire Agreement
15.2 Governing law and jurisdiction
All of the provisions of these Terms are intended to be enforceable to the fullest extent permitted by law. If any provision of these Terms, in whole or in part, is, to any extent, construed to be illegal, invalid or unenforceable, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law, and the remaining terms of these Terms, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.
Company’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
Company shall be entitled, at its sole discretion, to assign these Terms or any rights hereunder to any third party, without giving prior notice. In any event of assignment as aforesaid, all the provisions of these Terms shall apply, mutatis mutandis.
Last Revised: June 21, 2017