Effective as of June 15, 2018
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND CAMPUSLORE, LLC ("We" or “CL” or "Company"). BEFORE ACCESSING, BROWSING OR USING ANY PART OF the www.campuslore.com WEBSITE, YOU SHOULD READ CAREFULLY the FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this "TOS") AS THE TOS GOVERNS YOUR ACCESS TO AND USE OF this Company WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH the Company WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this "Company WebSite"). Company IS WILLING TO LICENSE AND ALLOW THE USE OF THIS Company WEBSITE ONLY ON CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS IN ITS ENTIRETY, YOU ARE NOT GRANTED PERMISSION TO VISIT, ACCESS, BROWSE OR OTHERWISE USE the Company WEBSITE AND ARE INSTRUCTED TO EXIT the Company WEBSITE IMMEDIATELY.
This TOS and your right to use the Company WebSite will take effect at the moment You click "I ACCEPT" or You install, access, browse, visit or use the Company WebSite, and this TOS is effective until terminated as set forth below. This TOS will terminate automatically if You click "I REJECT".
TERMS AND CONDITIONS
1. LICENSE GRANT. The Company WebSite is provided by Company, and this TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Company WebSite and any programs, services, tools, materials, or information made available through or from the Company WebSite conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits You to use and access for personal and noncommercial purposes only the Company WebSite (i) on a mobile device, smartphone, tablet, single laptop, workstation, computer, etc. and (ii) from the Internet or through an on-line network. You may also load information from the Company WebSite into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the Company WebSite solely for your personal, noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Subject to these TOS, you may copy, distribute, and/or share links to any content on the WebSite and/or the Company’s services for noncommercial purposes, provided that any such link is accompanied by proper attribution back to CampusLore as the source of such content or services. Your personal use of the Company WebSite will be subject to the obligations and restrictions regarding use of the Company WebSite as set forth in this TOS.
2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Company WebSite in any manner not expressly permitted by this TOS. In addition, You may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Company WebSite. Moreover, You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Company WebSite or in any way reproduce or circumvent the navigational structure or presentation of the Company WebSite to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Company WebSite, (ii) attempt to gain unauthorized access to any portion or feature of the Company WebSite, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the Company WebSite or to any Company server or to any of the services offered on or through the Company WebSite, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Company WebSite or any network connected to the Company WebSite, nor breach the security or authentication measures on the Company WebSite or any network connected to the Company WebSite, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Company WebSite, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Company WebSite or Company's systems or networks or any systems or networks connected to the Company WebSite, (vi) use any device, software, or routine to interfere with the proper working of the Company WebSite or any transaction conducted on the Company WebSite, or with any other person's use of the Company WebSite, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal You send to Company on or through the Company WebSite, (viii) use the Company WebSite to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Company WebSite (or any part thereof) without Company express, separate, and prior written permission, or (x) use the Company WebSite in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
3.USER OBLIGATIONS. You represent and warrant that You are at least 13 years of age and not prohibited for any legal reason from accessing or using the Company WebSite. If You are less than 13 years old, then You may not for any reason or under any circumstances access or use the Company WebSite. By downloading, accessing, or using the Company WebSite in order to view our information and materials or submit information of any kind, You represent that You are lawfully permitted to do so and at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Company WebSite, including, without limitation, when You provide information via a Company WebSite registration or submission form. If You provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Company WebSite. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Company WebSite. Without limiting the generality of the foregoing, You agree that You shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which You receive or which is made available from Company in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Company WebSite (or access thereto) without complying with such laws, orders, restrictions, or regulations. You warrant that You will not use the Company WebSite or any Company information or services for any purpose that is unlawful or prohibited by these terms, conditions and notices or by any other Company policy. You may not use the WebSite in any manner which could damage, disable, overburden or impair the WebSite or interfere with any other party’s use or enjoyment of the WebSite. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the WebSite, including but not limited to such prohibitions as data mining, robots, or similar data gathering and extraction tools. In addition, You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Company WebSite is solely at your own risk. While Company has endeavored to create a secure and reliable Company WebSite, You should understand that the confidentiality of any communication or material transmitted to/from the Company WebSite over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Company WebSite. You agree to assume all responsibility concerning activities related to your use of the Company WebSite, including but not limited to providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Company WebSite, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Company WebSite shall only be available through the sole discretion of Company or pursuant to the terms and conditions of a separate written agreement with Company. You might be able to access certain parts or features of the WebSite via a third party account, such as your social networks. By using any services or accessing the WebSite through any such third party account, You hereby agree to permit us to access certain information from such third party account in order for Company to provide or offer to You additional services, opportunities or information. You are ultimately in control of how much third party account information is accessible to us and may exercise such control by adjusting your privacy settings on your third party account. You also may share certain content from the WebSite through your third party accounts, such as social networks. If You do so, You also authorize Company to share that information with the applicable third party service. Please review the policies of any such third party services that You share information with or through for additional information about how such third parties might use your information. If You redistribute content from the WebSite, You must have the capacity to edit or delete any such content, and You hereby agree to do so immediately upon request by Company.
4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Company WebSite, You may provide Company with additional content or information (a "Posting"). In connection with delivering and providing to Company any such Posting, You hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Company WebSite and Company's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, You must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company's services and the Company WebSite. Notwithstanding the foregoing, You acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Company WebSite in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information.
5.OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions might apply to any membership, receipt of services, participation in a particular program, newsletter, conference, training, or seminar, Authorized User registration with the Company WebSite, and/or to other specific portions or features of the Company WebSite, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle You to any benefits or WebSite access, if any, until you execute and Company accepts this TOS or, with respect to any other benefits, the corresponding agreement governing such benefits. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Company WebSite, the latter terms shall control with respect to your use of that portion of the Company WebSite. Company's obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
7.USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the Company WebSite, or related services or information, such as a newsletter, in the Company’s sole discretion, might require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Company WebSite and to your account. Accordingly, by using the Company WebSite, You agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User's user name and password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
9.POSTINGS. This Company WebSite may contain blogs, message boards, comment areas, questionnaires, chat rooms, discussion forums and/or other interactive features where Authorized Users can share and display certain Postings. To the extent that the Company WebSite ever contains such communication forums (collectively, “Forums”), You agree that by using the Company WebSite, You are solely responsible for your use of any such Forums, and You use or access the WebSite and any such Forums at your own risk. In addition, You agree that You will not in any way, whether openly, publicly, privately or secretly, post, transmit, use or promote any of the following statements, materials, or conduct on any of the Company WebSite’s Forums: a. anything that interferes with or disrupts the Company WebSite or the operation thereof, b. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others, c. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others, d. statements or material that violates other contractual or fiduciary rights, duties, or agreements, e. statements or material that is bigoted, hateful, or racially offensive, f. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction, g. statements or material that constitutes anti-competitive collaboration and/or antitrust violations, h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, i. statements or material that harms minors, j. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company, k. statements or material that misrepresents your affiliation with any entity and/or Company, l. statements or material that You know to be false, misleading or inaccurate, m. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual, n. chain letters or pyramid schemes, o. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, p. use of any service, technology or automated system to artificially inflate the page views that any of your user content receives, including but not limited to the use of pay-per-click services, web “robots” or any similar technology or systems on your behalf, q. statements or material that the Company reasonably determines to be detrimental to the WebSite, its purposes or users, or to the Company, r. statements or material that are “off-topic” for a designated Forum, and s. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Company WebSite. As any such Forums are public, the Authorized User experience is enhanced if You follow the foregoing rules and also the following guidelines. Please use “netiquette.” Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. The Company encourages open and sincere communication, but urges all Authorized Users to remember that any Forums are intended to be an informative and helpful resource for all.
10. PERMISSION TO USE POSTINGS. You represent that You have all necessary rights to make the Posting available to Company and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, posting, and materials to appear on the Company WebSite, Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information. No compensation will be paid with respect to any Posting or use of any Posting. However, You also agree that by making or submitting a Posting or any user content, You automatically grant to Company and all of its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit, as the Company may decide in its sole discretion, in whole or in part in any way worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that might exist with respect to such Posting or user content. If it is ever determined that You retain any “moral rights” (including rights of attribution or integrity) in any Posting or user content, you hereby declare that (a) You do not require that any personally identifying information be used in connection with the Posting or user content, or any derivative works of or upgrades or updates thereto; (b) You have no objection to the publication, use, modification, deletion and exploitation of the Posting or user content by Company or its affiliates, licensees, successors or assigns; (c) You forever waive and agree not to claim or assert any entitlement to any and all “moral rights” of an author in any of the Posting or user content; and (d) You forever release Company and its affiliates, licensees, successors and assigns, from any claims that you could otherwise assert against any such party by virtue of any such “moral rights.” You also permit any other user to access, view, store or reproduce the Posting or user content for that other user’s personal use.
11. NO PRE-SCREENING OF POSTINGS. Company is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings or user content and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting or user content. Moreover, and except as provided herein with respect to Company's right and ability to delete or remove a Posting or user content (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Authorized User. Nevertheless, Company reserves the right to edit, condense, delete or take other action with respect to Postings or user content (or parts thereof) that Company believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to others or to Company or its products, services, and goodwill. If You violate this TOS, Company may, in its sole discretion, delete the unacceptable content from your Posting or user content, remove or delete the Posting or user content in its entirety, issue you a warning, and/or terminate your use of the Company WebSite. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If You become aware of Postings or user content that violate these rules regarding acceptable behavior or content, You may contact Company as provided herein or in the contact information on the WebSite.
12. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Company WebSite. Accordingly, You expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Company WebSite to you or anyone else. All content and material, including but not limited to all text, graphics, user interfaces, visual interfaces, photographs, video, audio, scripts, music, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content or material contained on or available through the Company WebSite, unless otherwise indicated, are owned, controlled, and licensed by Company and its affiliates, successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Company WebSite may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company's trademarks. This Company WebSite is Copyright © 2017 CampusLore and/or its licensors. All rights reserved. Any downloadable or printable programs, directories, databases, information, or materials available through the Company WebSite and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company. CampusLore, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners. Nothing in these TOS can be construed to transfer ownership rights or to grant any permission, license or other rights to any Company trademark without express written authorization of Company identifying the particular permission, license or rights, the time period of the grant, and the grantee.
13. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICES. Company respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If You believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company at the e-mail or physical address indicated on the WebSite the following information: a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b) description of the copyrighted work or other intellectual property that You claim has been infringed; c) a description of where the material that You claim is infringing is located on the site; d) your address, telephone number and email address; e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and f) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
14. FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about Company's products or services or the Company WebSite. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Company, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through or about the Company WebSite will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
15. LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other websites or Uniform Resource Locators (URL’s) for your convenience in locating or accessing related information, products, and services. These sites or URL’s have not necessarily been reviewed by Company and in most cases are maintained by third parties over which Company exercises no control. Accordingly, Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites or URL’s. Moreover, these links do not imply an endorsement with respect to any third party or any website or URL or the products or services provided by any third party.
16. THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the advertisements of third parties on the Company WebSite and/or feature materials, programs, products, and services provided by third parties, including, without limitation, to WebSite users. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Company WebSite are solely between You and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Company WebSite, and You agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Company WebSite.
18. DISCLAIMER. WHILE Company ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE Company WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Company IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS OR USER CONTENT PROVIDED BY YOU OR ANY USER THAT ARE AVAILABLE THROUGH OR FROM THE Company WEBSITE. MOREOVER, Company MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE Company WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE Company WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE. Company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Company ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE Company WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
19. FORCE MAJEURE AND LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL Company BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TOS OR THE USE OF THE Company WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Company WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Company WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Company FOR ANY REASON WHATSOEVER RELATED TO USE OF THE Company WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Company IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
20. INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any access or use of the WebSite by You or your user account, if any, or relating to or arising from any breach by You of this TOS. Company reserves the right to take over the exclusive defense, at your expense, of any claim for which we are entitled to indemnification hereunder. In such event, You shall provide such cooperation Company reasonably requests.
21. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if You discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company, You shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, You shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company's rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
22. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Florida as applied to agreements entered into and completely performed in the State of Florida. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Florida for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Company makes no representation that the Company WebSite is appropriate or available for use in other locations outside the State of Florida, and access to the Company WebSite from states, territories, or nations where any aspect of the Company WebSite is illegal is prohibited. You access or use the Company WebSite on your own volition and are responsible for compliance with all applicable local laws with respect to your access or use of the Company WebSite. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. WAIVER OF CLASS ACTIONS AND UNKNOWN CLAIMS. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. You and Company hereby agree to resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this TOS or in connection with the WebSite will be brought in an individual capacity and not on behalf of, or as part of, any purported class, consolidated or representative proceeding, either existing or in future, initiated or brought by any party, including any third party, arising under these TOS or in connection with the WebSite. In addition, You waive all unknown claims against Company and or pertaining to Company WebSite. In particular, You hereby waive any and all rights and claims purported to be granted to You or preserved for You by California Civil Code Section 1542 and any other similar law or regulation of any jurisdiction, which states or indicates in substance or using similar wording to the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by hi must have materially affected his settlement with the debtor.”
24. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized or illegal use of the Company WebSite may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Company reserves the right to view, monitor, and record activity on the Company WebSite without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Company WebSite. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Company WebSite and also subject to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Company WebSite, or any portion of the Company WebSite, in order to protect the Company WebSite, Company, or Company's business. You also agree that You will not (a) take any action that, in Company’s sole discretion, imposes or might impose an unreasonable or disproportionately large load on the Company or Company WebSite infrastructure; (b) interferes or attempts to interfere with the proper working of the Company WebSite or Company services or activities conducted on the WebSite or Company’s networks, e-mail or computer systems; (c) bypass, circumvent or attempt to bypass or circumvent any measures the Company might use to prevent or restrict access to the Company WebSite, Company networks, e-mail or computer systems, including but not limited to other accounts, computer systems or networks connected to the WebSite; (d) run any form of auto-responder or “spam” on the WebSite or Company networks, e-mail or computer systems; (e) use manual or automated software, devices or other processes to “crawl” or “spider” any page of the WebSite; (f) harvest or scrape or attempt to harvest or scrape any content from the WebSite, Company networks, e-mail or computer systems. You also agree that you shall not do or attempt any of the following: (a) decipher, decompile, disassemble, reverse engineer or otherwise derive any source code or underlying ideas or algorithms of any part of the WebSite or Company networks, e-mail or computer systems, such as but not limited to any application; (b) modify, translate or otherwise create derivative works of any part of the WebSite, Company networks, e-mail or computer systems; or (c) copy, rent, lease, distribute or otherwise transfer any of the rights You receive hereunder.
25. TERM AND TERMINATION. This TOS and your right to use the Company WebSite will take effect at the moment You click "I ACCEPT" or You install, access, browse, visit or use the Company WebSite, and this TOS is effective until terminated as set forth below. This TOS will terminate automatically if You click "I REJECT". In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the Company WebSite or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if You fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing completely to use the Company WebSite, but all applicable provisions of this TOS will survive termination, as identified herein. Upon termination, you must destroy all copies of any aspect of the Company WebSite in your possession. In addition to the miscellaneous section below, and without limitation as to other surviving provisions herein, the provisions concerning Company's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.