Company intends for the information, materials and functions contained on Online Services to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through Online Services.
Third Party Links and Resources
ONLINE SERVICES, INCLUDING ALL CONTENT, SOFTWARE AND INFORMATION MADE AVAILABLE ON ONLINE SERVICES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE TO USE ONLINE SERVICES AND ANY MATERIALS OR INFORMATION PROVIDED BY COMPANY (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) AT YOUR SOLE RISK AND THAT COMPANY CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE INFORMATION ACCESSIBLE FROM ONLINE SERVICES WILL BE FREE OF COMPUTER VIRUSES. COMPANY RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF ONLINE SERVICES AT ANY TIME, FOR ANY REASON AND WITHOUT NOTICE TO YOU.
COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, OPPORTUNITIES, PROFITS OR DATA, WHETHER ARISING FROM OR RELATED TO ANY ACTION IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF ONLINE SERVICES OR THE MATERIALS AND INFORMATION CONTAINED HEREIN OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, LINE SYSTEM FAILURE, LOSS OF DATA, LOSS OF USE, OR OTHER DEFECT RELATED TO ONLINE SERVICES, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations on Use
Users shall not transmit any material or information to Online Services that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law. Users are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of Online Services. Any attempted violation of law may result in litigation against the offender by Company or any proper authority. Company will fully comply with applicable authorities to provide any information necessary for the litigation process.
Intellectual Property Notices
Except where otherwise expressly noted or as noted below, the contents of Online Services, including graphics, icons, text, screens and overall appearance of Online Services, are the sole and exclusive property of Company and are protected by United States copyright and trademark laws. The posting of the contents of Online Services is not a waiver of any of Company’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to you or to any third party.
Account Information, Password Protection & Indemnification
Online Services provides a secure online tool that enables you to manage your account with us via the Internet (“Account Access”). If you create an online access account, you are responsible for maintaining the confidentiality of any username and password and for any and all activities that occur under your password or account. You agree to protect and keep confidential your account information, user IDs, passwords, PINs, or any other means of accessing your account or any other information or content on Online Services, as applicable. You also agree to immediately notify Company of any unauthorized use of your account or any other breach of security known to you regarding your account or use of Online Services by email at firstname.lastname@example.org. If you disclose any of the foregoing information, you assume all risks and losses associated with such disclosure. If you permit any other person to access your account or your account information, user IDs, passwords, PINs, or any other means of accessing your account, you are responsible for any resulting transactions or activities. You agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to your use of Online Services or use by any other person accessing Online Services using your username and password. Company reserves the right to terminate your online access account after an extended period of inactivity.
Company will not knowingly collect or retain information submitted by children under the age of 13. If Company learns that we unknowingly collected personally identifying information from a child under 13 years of age, we will immediately take all reasonable measures to delete the information from our computer systems and all other data systems.
Security of Transmissions
There may be security, transmission or other risks associated with use of the Internet and Online Services and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use Online Services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. This site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on this site.
Choice of Law