Terms and Conditions

 THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE  THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE  FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,  EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE  THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT  THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE  CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO  LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR  INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR  PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR  ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR  USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL  INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY  INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE  TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)  ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY  LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY  CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME  RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED  BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY  WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER  ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE  RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY  THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE  PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY  ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE  CAUTION WHERE APPROPRIATE  LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE  LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,  CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE  DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR  OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS  DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION  OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME  OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO  YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries,  affiliates, and all of our respective officers, agents, partners, and employees, from and  against any loss, damage, liability, claim, or demand, including reasonable attorneys’  fees and expenses, made by any third party due to or arising out of: (1) [your  Contributions]; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of  your representations and warranties set forth in these Terms of Use; (5) your violation of  the rights of a third party, including but not limited to intellectual property rights; or (6)  any overt harmful act toward any other user of the Site with whom you connected via  the Site.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the  exclusive defense and control of any matter for which you are required to indemnify us,  and you agree to cooperate, at your expense, with our defense of such claims. We will  use reasonable efforts to notify you of any such claim, action, or proceeding which is  subject to this indemnification upon becoming aware of it.  USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing  the performance of the Site, as well as data relating to your use of the Site. Although we  perform regular routine backups of data, you are solely responsible for all data that you  transmit or that relates to any activity you have undertaken using the Site.  You agree that we shall have no liability to you for any loss or corruption of any such  data, and you hereby waive any right of action against us arising from any such loss or  corruption of such data  ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND  SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic  communications. You consent to receive electronic communications, and you agree that  all agreements, notices, disclosures, and other communications we provide to you  electronically, via email and on the Site, satisfy any legal requirement that such  communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC  SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO  ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF  TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules,  ordinances, or other laws in any jurisdiction which require an original signature or  delivery or retention of non-electronic records, or to payments or the granting of credits  by any means other than electronic means.  CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint  Assistance Unit of the Division of Consumer Services of the California Department of  Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,  California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or in  respect to the Site constitute the entire agreement and understanding between you and  us. Our failure to exercise or enforce any right or provision of these Terms of Use shall  not operate as a waiver of such right or provision.  These Terms of Use operate to the fullest extent permissible by law. We may assign  any or all of our rights and obligations to others at any time. We shall not be responsible  or liable for any loss, damage, delay, or failure to act caused by any cause beyond our  reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be  unlawful, void, or unenforceable, that provision or part of the provision is deemed  severable from these Terms of Use and does not affect the validity and enforceability of  any remaining provisions. There is no joint venture, partnership, employment or agency  relationship created between you and us as a result of these Terms of Use or use of the  Site.  You agree that these Terms of Use will not be construed against us by virtue of having  drafted them. You hereby waive any and all defenses you may have based on the  electronic form of these Terms of Use and the lack of signing by the parties hereto to  execute these Terms of Use  MODIFICATIONS AND INTERRUPTIONS  We reserve the right to change, modify, or remove the contents of the Site at any time  or for any reason at our sole discretion without notice. However, we have no obligation  to update any information on our Site. We also reserve the right to modify or discontinue  all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change,  suspension, or discontinuance of the Site.  We cannot guarantee the Site will be available at all times. We may experience  hardware, software, or other problems or need to perform maintenance related to the  Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,  update, suspend, discontinue, or otherwise modify the Site at any time or for any reason  without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience  caused by your inability to access or use the Site during any downtime or  discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate  us to maintain and support the Site or to supply any corrections, updates, or releases in  connection therewith  TERM AND TERMINATION These Terms of Use shall remain in full force and effect while you use the Site.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE  RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR  LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING  CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO  REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY  REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS  OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE  YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND]  ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT  WARNING, IN OUR SOLE DISCRETION.  If we terminate or suspend your account for any reason, you are prohibited from  registering and creating a new account under your name, a fake or borrowed name, or  the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take  appropriate legal action, including without limitation pursuing civil, criminal, and  injunctive redress  SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas,  feedback, or other information regarding the Site ("Submissions") provided by you to us  are non-confidential and shall become our sole property. We shall own exclusive rights,  including all intellectual property rights, and shall be entitled to the unrestricted use and  dissemination of these Submissions for any lawful purpose, commercial or otherwise,  without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant  that any such Submissions are original with you or that you have the right to submit  such Submissions. You agree there shall be no recourse against us for any alleged or  actual infringement or misappropriation of any proprietary right in your Submissions.  PROHIBITED ACTIVITIES You may not access or use the Site for any purpose other than that for which we make  the Site available. The Site may not be used in connection with any commercial  endeavors except those that are specifically endorsed or approved by us.  As a user of the Site, you agree not to: 1. systematically retrieve data or other content from the Site to create or compile,  directly or indirectly, a collection, compilation, database, or directory without written  permission from us. 2. make any unauthorized use of the Site, including collecting usernames and/or  email addresses of users by electronic or other means for the purpose of sending  unsolicited email, or creating user accounts by automated means or under false  pretenses. 3. use a buying agent or purchasing agent to make purchases on the Site. 4. use the Site to advertise or offer to sell goods and services. 5. circumvent, disable, or otherwise interfere with security-related features of the Site,  including features that prevent or restrict the use or copying of any Content or  enforce limitations on the use of the Site and/or the Content contained therein. 6. engage in unauthorized framing of or linking to the Site. 7. trick, defraud, or mislead us and other users, especially in any attempt to learn  sensitive account information such as user passwords; 8. make improper use of our support services or submit false reports of abuse or  misconduct. 9. engage in any automated use of the system, such as using scripts to send  comments or messages, or using any data mining, robots, or similar data  gathering and extraction tools. 10. interfere with, disrupt, or create an undue burden on the Site or the networks or  services connected to the Site. 11. attempt to impersonate another user or person or use the username of another  user. 12. sell or otherwise transfer your profile. 13. use any information obtained from the Site in order to harass, abuse, or harm  another person. 14. use the Site as part of any effort to compete with us or otherwise use the Site  and/or the Content for any revenue-generating endeavor or commercial enterprise. 15. decipher, decompile, disassemble, or reverse engineer any of the software  comprising or in any way making up a part of the Site. 16. attempt to bypass any measures of the Site designed to prevent or restrict access  to the Site, or any portion of the Site. 17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in  providing any portion of the Site to you. 18. delete the copyright or other proprietary rights notice from any Content. 19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,  JavaScript, or other code. 20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or  other material, including excessive use of capital letters and spamming  (continuous posting of repetitive text), that interferes with any party’s uninterrupted  use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes  with the use, features, functions, operation, or maintenance of the Site. 21. upload or transmit (or attempt to upload or to transmit) any material that acts as a  passive or active information collection or transmission mechanism, including  without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web  bugs, cookies, or other similar devices (sometimes referred to as “spyware” or  “passive collection mechanisms” or “pcms”). 22. except as may be the result of standard search engine or Internet browser usage,  use, launch, develop, or distribute any automated system, including without  limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses  the Site, or using or launching any unauthorized script or other software. 23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 24. use the Site in a manner inconsistent with any applicable laws or regulations. 25. [other]  PRODUCTS [We make every effort to display as accurately as possible the colors, features,  specifications, and details of the products available on the Site. However, we do not  guarantee that the colors, features, specifications, and details of the products will be  accurate, complete, reliable, current, or free of other errors, and your electronic display  may not accurately reflect the actual colors and details of the products.]  All products are subject to availability[, and we cannot guarantee that items will be in  stock]. We reserve the right to discontinue any products at any time for any reason.  Prices for all products are subject to change  INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site is our proprietary property and all source code,  databases, functionality, software, website designs, audio, video, text, photographs, and  graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and  logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,  and are protected by copyright and trademark laws and various other intellectual  property rights and unfair competition laws of the United States, foreign jurisdictions,  and international conventions.  The Content and the Marks are provided on the Site “AS IS” for your information and  personal use only. Except as expressly provided in these Terms of Use, no part of the  Site and no Content or Marks may be copied, reproduced, aggregated, republished,  uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,  licensed, or otherwise exploited for any commercial purpose whatsoever, without our  express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to  access and use the Site and to download or print a copy of any portion of the Content to  which you have properly gained access solely for your personal, non-commercial use.  We reserve all rights not expressly granted to you in and to the Site, the Content and  the Marks