Materials may be made available via the Website by third parties not within our control. the Company is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, the Company respects the copyright interests of others. It is the Company’s policy not to permit materials known by the Company to infringe another party’s copyright to remain on the Website.
If you believe any material on the Website infringes a copyright, you should provide the Company with written notice that at a minimum contains:
Notices and counter-notices must be sent in writing to the Company’s Data Privacy Representative as follows:
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
It is the Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Company or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs, resources, and all copyrights, trademarks and other intellectual property or proprietary rights contained on, available through, or used in connection with the Website. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on or available through the Website without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not expressly granted under these Terms and Conditions are reserved by the Company and its licensors.
The Company endeavors to keep all of its information resources accurate and up to date, but makes no warranties or representations regarding the accuracy or completeness of such content. All users agree that all access and use of the Website and externally-linked pages are at the user’s own risk. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS, BUSINESS PARTNERS OR AGENTS (COLLECTIVELY, THE “DISCLAIMING PARTIES”), MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DISCLAIMING PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE DISCLAIMING PARTIES WARRANTS THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
NEITHER THE DISCLAIMING PARTIES NOR ANY OTHER PARTY INVOLVED IN THE CREATION OR DELIVERY OF THE WEBSITE SHALL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR OTHER LOST OPPORTUNITIES (EACH OF WHICH IS HEREBY EXCLUDED), OR THOSE THAT MAY RESULT FROM (I) THE INACCURACY, INCOMPLETENESS OR CONTENT OF, OR SERVICES AVAILABLE THROUGH, THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, (III) ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY DATA STORED THEREIN, OR (IV) ANY VIRUSES, MALWARE OR THE LIKE TRANSMITTED FROM THE WEBSITE OR ANY THIRD PARTY SITE, REGARDLESS OF WHETHER THE DISCLAIMING PARTIES OR ANY SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO YOUR ACCESS, USE, OR INABILITY TO USE THE WEBSITE, OR ANY INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ITS CONTENT). YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE ARISING OUT OF YOUR USE AND/OR ACCESS OF THE WEBSITE. YOU AGREE THAT IN NO EVENT SHALL THE DISCLAIMING PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID THE COMPANY FOR USE OF THE WEBSITE OR FOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Any Company product or service for which a separate fee is charged carries with it only the representations and warranties specifically stated as attributable to that product or service, and, except as may be otherwise stated in writing on the Website, the purchase of any such product or service is non-refundable.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, affiliates, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) any breach by you of any of these Terms and Conditions; (ii) your User Content; (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by the Company); or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The laws of the State of Massachusetts, U.S.A., excluding Massachusetts’s conflict of laws rules, shall govern these Terms and Conditions, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in Massachusetts U.S.A., for all matters or disputes arising out of or relating to these Terms and Conditions or your access or use of the Website.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
If any term or provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be ineffective but shall not affect any other terms or provisions of these Terms and Conditions, and these Terms and Conditions will be deemed amended to the extent necessary to make these Terms and Conditions enforceable, valid and, to the extent permitted by law, consistent with the original intentions of the parties (and the remaining terms and provisions will remain in full force and effect).
The failure of the Company to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver by the Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. the Company’s rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit the Company’s right to exercise any other right or remedy.
Successors and Assigns; Third Party Beneficiaries
These Terms and Conditions are non-assignable and non-transferable by you without the prior written consent of the Company. Subject to the foregoing, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. Except as expressly provided otherwise herein, there shall be no third party beneficiaries to these Terms and Conditions.