Terms of Service

1. Introduction

The following terms and conditions govern your use of this website (the “Site”). Please read these Terms of Use carefully before using the Site. By using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.

2. Use of Site

The Site is for your personal use and may not be used for commercial purposes. You may not use the Site in any way that would damage, disable, overburden, or impair the Site in any way. You may not use the Site to collect personally identifiable information about other users for commercial purposes. You may not use any automated means to access the Site or collect any information from the Site.

3. Proprietary Rights

The Site and all materials on the Site, including, without limitation, text, images, and other content, are protected by copyright, trademark, and other intellectual property rights. All such rights are reserved. You may not copy, reproduce, publish, post, transmit, distribute, or otherwise use any materials on the Site in any way without our prior written consent.

4. User Information

You are solely responsible for any information, data, text, or other materials that you submit, post, or otherwise make available on the Site (“User Materials”). We reserve the right to screen, refuse, or delete any User Materials that we believe, in our sole discretion, violate these Terms of Use or are otherwise objectionable.

5. Third-Party Websites and Content

The Site may contain links to third-party websites and content. We are not responsible for the privacy practices or the content of third-party websites or content. We encourage you to be aware when you leave the Site and to read the privacy policies of every website that you visit.

6. Disclaimers

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR COMPLETENESS. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT, FUNCTIONS, OR MATERIALS ARE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

IF YOU HAVE ANY BASIS FOR BELIEVING THAT YOUR COPYRIGHTED MATERIAL HAS BEEN INFRINGED, PLEASE NOTIFY OUR DESIGNATED COPYRIGHT AGENT.

7. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR DESIGNATED COPYRIGHT AGENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, DATA UNAUTHORIZED ACCESS, LOSS OF PROFITS, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

8. Indemnity

At our request, you agree to defend, indemnify, and hold us and our affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or any other user of your account (including, without limitation, any User Materials that you may submit, post, or otherwise make available on the Site).

9. Termination

We may terminate your access to, or use of, the Site at any time for any reason, with or without cause, and with or without notice. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice or liability.

10. Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any action or proceeding arising out of or relating to these Terms of Use or your use of the Site shall be instituted in a state or federal court in San Francisco, California. You and we consent to the exclusive jurisdiction of such courts and waive any venue or other objections to such courts.

These Terms of Use constitute the entire agreement between you and us with respect to your use of the Site. 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. If any provision of these Terms of Use is invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions shall not be affected. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.