(Last revised November, 2020)
Acceptance Through Use
No Use by Children
The Site is not directed to, or intended for use by, children (defined as anyone age thirteen (13) or younger). Children should not use the Site or submit any information to Operator. By using this Site, you represent and warrant you are at least 13 years old and you hereby ratify any prior grant of rights, consents, agreements, assignments or waivers made by you. If you choose to register an account, your account may be used only by you.
You will indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please request to see the DMCA Take Down Notice Procedures material posted elsewhere at the Site.
Disclaimer of Warranties
THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Content and Advice
The Operator does not monitor the accuracy or reliability of Content appearing on the Site. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available are those of the respective author(s) or distributor(s) and not of Operator. Operator does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than an Operator employee acting within his/her official capacity.
The Site is intended for use by legal U.S. residents. If you choose to access the Site from any location outside this area, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the State of Arizona. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.
Choice of Law
Integration and Severability
Links to Third Party Sites
Unauthorized Use and Termination
You may use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.