TERMS AND CONDITIONS
The DAMANI DATA, LLC and WEBSITE are owned and operated by Damani Data, LLC, a Georgia Limited Liability Company. Throughout the site, the terms “we”, “us” and “our” refer to Damani Data, LLC, Damani Data, LLC, offers this application and/or website, including all information, tools and Services available from either medium to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our application and/or website, you engage our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the application and/or website, including without limitation users who are fans, spectators, or viewers, and/ or contributors of content and game participators.
Please read these Terms of Service carefully before accessing or using our application and/or website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the application and/or website or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current application and/or website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the application and/or website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – APPLICATION/WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of thirteen (13) in your state or province or country of residence.
You may not use our application and/or website for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to this application and/or website.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the application and/or website to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the application and/or website, use of the application, or access to the application and/or the website through which the application is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This application and/or website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this application and/or website at any time, but we have no obligation to update any information on our application and/or website. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE APPLICATION AND/OR WEBSITE
We reserve the right at any time to modify or discontinue the application and/or website (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuance of the application and/or website.
SECTION 5 – APPLICATIONS AND/OR WEBSITE (if applicable)
We have made every effort to display as accurately as possible the colors and images of applications and/or website. We cannot guarantee that your smart phone/cell phone or computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the application and/or website to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit use of application and/or website that we offer. All descriptions of applications and/or website are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service.
We do not warrant that the quality of any application, information, and/or website obtained by you will meet your expectations, or that any errors in the application and/or website will be corrected.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Service (including, the release of new tools and resources). Such new features and/or applications shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and application and/or website available via our mediums may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or applications and/or websites of third-parties.
We are not liable for any harm or damages related to the purchase or use of Service, resources, content, or any other transactions made in connection with any third-party applications and/or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the application and/or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 – PERSONAL INFORMATION
SME CONTRIBUTIONS AND CONTENT
The Services allow you to post content, including your name, biographical information, photos, and other materials. Anything that you post or otherwise make available on the Services is referred to as “User Content.” We share your User Content in multiple ways, such as through your public profile and in email communications. By choosing to provide User Content, you acknowledge and agree that such User Content may be viewed by the general public and will not be treated as private, proprietary, or confidential. If you would like to opt-out of the public profile feature of the Services, you must contact us at CustomerService@Damani Data, LLC.com. You retain all rights in, and are solely responsible for, the User Content you post to the Service.
If you submit any User Content, you grant to us a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, reproduce, modify, copy, perform, distribute and/or to incorporate such User Content on the Services, in print or other media. Further, by submitting any User Content, you represent, warrant and undertake that such User Content: (i) is your own original work, or submitted with the express permission of the owner, or is in the public domain, and that you have the right to make it available to us for all the purposes specified above; (ii) is not defamatory; and (iii) does not infringe any law or the intellectual property rights or other proprietary rights of any third party. You acknowledge and agree that to the extent that any User Content you submit to the Services is original work not previously published on any other website or otherwise (an “Original Work”) that you assign all of your right, title and interest in and to such Original Work to Damani Data, LLC.
We reserve the right to suspend or to terminate your access to the whole or any part of the Services without notice if, in our opinion, any User Content you submit to the Services infringes the intellectual property rights of any third party or otherwise does not comply with any provision of these Terms of Service, or in any way we determine is harmful to us.
ACCESS TO SERVICES
If you wish to access and participate in Damani Data, LLC online platform (“Damani Data, LLC”), you must become either a registered member (an “SME”) or registered company member (a “Company Member”). You must be at least 18 years old to use the Services. As a condition of your use of Damani Data, LLC Platform, you agree to provide true, accurate, current and complete information about yourself and to keep such information up to date and current at all times. If you are registering as a Company Member on behalf of a company, organization or other entity (a “Business”), you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms of Service on behalf of such Business, to bind such Business to these Terms of Service, and that you agree to these Terms of Service on behalf of the Business. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of and comply fully with these Terms of Service.
We reserve the right to add other services, activities and features to the Services from time to time which are only available to members.
ACCEPTING SME PROJECTS
Damani Data, LLC Platform allows Advisors to accept engagements for meetings or projects at a rate set by the Advisor from time to time. Advisors also have the ability to accept engagements on an annual basis or other custom arrangements. For Advisors that complete any per meeting engagements, Damani Data, LLC will remit payment to the Advisor within thirty (30) days of the completed meeting date. In order to receive payment, the Advisor must have provided Damani Data, LLC with a current W-9.
NO GUARANTEE OF PAID WORK
While the Services provide a platform to pursue advisory opportunities, Damani Data, LLC makes no guarantee, express or implied, that you will be able to secure a paid advisory board position through the Services or as to the ultimate success of any engagement that you enter into as a result of your use of the Services.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time.
We undertake no obligation to update, amend or clarify information in the application or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the application or on any related website, should be taken to indicate that all information in the application or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of application, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Application or any related website, other websites, or the Internet. We reserve the right to terminate your use of the application or any related website for violating any of the prohibited uses.
Damani Data, LLC provides the Services and Damani Data, LLC Platform in order to promote economic opportunity for our advisors by enabling executives and companies to meet, exchange ideas, learn and share opportunities. In order to preserve the reputation of Damani Data, LLC and enable us to continue to offer the Services and Damani Data, LLC Platform, you agree to:
• Use the Services only in compliance with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Use your real name when interacting with other guests or members on the Services or on Damani Data, LLC Platform; and
• Use your real name when interacting with other guests or members on the Services or on Damani Data, LLC Platform; and
You agree that you will not:
• Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
• • Add content that is not intended for, or is inaccurate for, a designated field (e.g. submitting a telephone number in the “title” field);
• Use an image that is not your likeness or a head-shot for your profile;
• Create a false identity on Damani Data, LLC Platform;
• Misrepresent your current or previous positions and qualifications;
• Misrepresent your affiliations with a person or entity, past or present;
• Misrepresent your identity, including, but not limited to, the use of a pseudonym;
• Create an Advisor profile for anyone other than yourself;
• Use or attempt to use another advisor’s account;
• Harass, abuse or harm another person;
• Send spam or other unwelcomed communications to others;
• Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
• Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
• Make any statement, or induce any third party to make any such statement that in any way reflects adversely upon the business or reputation of Damani Data, LLC;
• Disclose information that you do not have the right to disclose (such as the confidential information of others, including your employer);
• Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights;
• Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
• Send messages from Damani Data, LLC Platform to distribution lists, newsgroup aliases, or group aliases;
• Post anything that contains software viruses, worms, or any other harmful code;
• Manipulate identifiers in order to disguise the origin of any message or post transmitted through Damani Data, LLC Platform;
• Create or operate a pyramid scheme or engage in fraud or other similar practices;
• Copy or use the information, content or data of others available on Damani Data, LLC Platform;
• Copy or use the information, content or data on Damani Data, LLC Platform to solicit or recruit members in connection with a competitive service, organization or group (as determined by Damani Data, LLC);
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services, Damani Data, LLC Platform or any related technology, or any part thereof;
• Imply or state that you are affiliated with or endorsed by Damani Data, LLC without our express consent;
• Rent, lease, loan, trade, sell/re-sell access to Damani Data, LLC Platform or related any information or data;
• Sell, sponsor, or otherwise monetize any other feature of the Services or Damani Data, LLC Platform, without our written consent;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
• Collect, use, copy, or transfer any information obtained from Damani Data, LLC without our written consent;
• Share or disclose information of others without their express consent;
• Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services, Damani Data, LLC Platform or any related data or information;
• Use bots or other automated methods to access and interact with the Services or Damani Data, LLC Platform;
• Monitor the Services” availability, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services or Damani Data, LLC Platform;
• Access the Services or Damani Data, LLC Platform except through the interfaces expressly provided by Damani Data, LLC;
• Override any security feature of the Services; and/or
• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
• These conduct obligations apply during and after the term of your membership. If you breach your conduct obligations, Damani Data, LLC may pursue any and all available remedies as described under “Remedies” below. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected to have acted or to have attempted to act in breach of these Terms of Service.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the application will be accurate or reliable.
You agree that from time to time we may remove the application for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the application and/or website is at your sole risk. The application and all services delivered to you through the application are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Damani Data, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, application providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the application or any products procured using the application, or for any other claim related in any way to your use of the application or any product, 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 the application or any content (or product) posted, transmitted, or otherwise made available via the application, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Damani Data, LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service/application providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Application or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
If you breach any of the Terms of Service, your authorization to use the Services automatically terminates and you must immediately destroy materials downloaded, received by email or printed from the Services.
We reserve the right at all times, at our absolute discretion and without prior notice to you, to terminate your membership, password and/or your use of the whole or any part of the Services, for any reason, including (without limitation) if we believe that you have breached or otherwise not complied with any provision of these Terms of Service. You agree that we will not be liable to you or any third party in any way for any termination of your access to the Services. We may also at our absolute discretion and at any time discontinue providing the whole or any part of the Services, with or without notice.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the application and/or website superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
The Terms of Services of this Agreement and any claim, controversy or dispute arising under or related to the use of the application and/or website or any third-party claim shall be governed by and construed in accordance with the domestic laws of the State of Georgia, in the United State of America without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. All users/viewers, fans, content creators to include any and all on the platform agree that any claim, controversy or dispute arising under or related the Terms of Service shall be subject to and resolved in accordance with the Terms of Service in Broward County Florida, USA.
SECTION 19 – DISPUTE RESOLUTION
You and Damani Data, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Damani Data, LLC each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Damani Data, LLC agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Damani Data, LLC agree otherwise, the arbitration will be conducted in San Francisco. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Damani Data, LLC submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the application following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Application should be sent to us at firstname.lastname@example.org.
INFORMATION ON THE SERVICES MAY BE OR BECOME OUT OF DATE FROM TIME TO TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT. NO REPRESENTATION OR GUARANTEE (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY SERVICES CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF EXTERNAL INTERNET WEBSITES.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DOCUMENTS, DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE ON THE SERVICES HAVE NOT BEEN PREPARED WITH YOUR SPECIFIC CIRCUMSTANCES IN MIND, MAY NOT BE SUITABLE FOR USE IN YOUR BUSINESS, AND ARE NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
YOUR USE OF THE SERVICES, OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WITH WHICH YOU ACCESS THE SERVICES AS WELL AS FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES OR ANY FUNCTIONS, SERVICES AND FACILITIES CONTAINED OR PROVIDED ON THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, BUGS, SPYWARE OR SIMILAR FLAWS.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED TERM OF ACCURACY, COMPATIBILITY, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS.
LIMITATION OF LIABLITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, CONNECTIVITY, OPPORTUNITIES, REPUTATION, EMPLOYMENT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE SERVICES OR ANY INFORMATION, DATA OR CONTENT CONTAINED ON OR OBTAINED FROM THE SERVICES, OR OF ANY WEBSITE OR SERVICES REFERENCED OR LINKED TO FROM THE SERVICES, WHETHER ARISING IN AN ACTION IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGOTIATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
All intellectual property and other proprietary rights, including (without limitation) copyright, trademarks and database rights, in the Services and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. Logos and designs are our registered trademarks in territories around the world.
The use or misuse of these trademarks or any content, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party.
Nothing stated or implied in the Services is designed to grant any license or right under any copyright or other intellectual property rights of ours or any third party or to use any names, logos, pictures, trademarks or other works or content featured on the Services. No act of downloading or otherwise copying or reproducing from the Services will transfer title to you to any software or content on the Services, unless express statements are communicated to you by us to the contrary.