Website Terms of Use

Please read the Terms of Use carefully. Your use of this Website constitutes your agreement to the Terms of Use.

Terms of Use Table of Contents

  1. Terms of Use Generally.
  2. Copyrights, Trademarks and Service Marks.
  3. Privacy Policy.
  4. Access Restrictions.
  5. Content Restrictions; Links to Other Websites
  6. Submissions.
  7. Disclaimers; Limitation of Liability; Indemnification; Exclusive Jurisdiction and Venue; Waiver of Jury Trial.

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1. Terms of Use Generally.

 

1.1     Any reference herein to this “Website” means diggerlandusa.com and all of its content (the “Content”), including, without limitation, any and all information, advertising, features, services, products, reports, information, data and other content displayed, provided or accessed by or through diggerlandusa.com.

1.2     This Website is the property of Diggerland USA, LLC (the “Company”) and all licensees hereof.   The Company may, at any time, from time to time, with or without notice, revise, modify, suspend or discontinue this Website, any Content or any part thereof.

1.3     These Terms of Use (the “Terms of Use”) contain terms, provisions, covenants, conditions, restrictions, disclaimers and limitations of liability to which you are subject when you access or use any or all of this Website. You are also subject to applicable laws, rules and regulations when you access and use this Website. The Terms of Use are subject to revision at any time, from time to time, with or without notice other than posting the revised Terms of Use on this Website.

1.4     Each time you access or use this Website, you thereby acknowledge and agree that you have read, understood and agreed to observe and be bound by the Terms of Use then in effect. If you do not agree to the Terms of Use, you may not use this Website.

1.5     In furtherance and not in limitation of the foregoing, the Terms of Use and this Website are subject to revision by reason of new laws, rules or regulations, or amendments, modifications or other changes to existing laws, rule or regulations, or interpretations thereof, any of which may be implemented or apply to any of the Terms of Use, this Website, or related items or matters at any time.

1.6     Certain business partner’s rights to use the Website’s ticket-sale system derive from and are subject to a separate commercial license agreement (each, a “Separate Commercial License Agreement”). With respect to each such business partner’s use of the Website’s ticket-sale system, each such business partner’s respective Separate Commercial License Agreement shall govern any conflict between the terms and conditions thereof and the Terms of Use.
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2. Copyrights, Trademarks and Service Marks.

 

2.1     All Content is property that is owned by or licensed to the Company or, with respect to Third Party Content (as defined below), that is owned by or licensed to the third-party provider thereof. All Content is protected by copyright, trademark, service mark and other applicable intellectual property laws. All trademarks, service marks, images, logos and trade names published by this Website are proprietary to their respective owners and are protected by applicable intellectual property laws. The Company’s name and logo are its registered marks. Marks used in conjunction with the Company’s features, attractions, services and products are property of the Company. All other marks are the property of their respective owners. Any unauthorized use thereof is strictly prohibited. All rights reserved.

2.2     The Company and its licensors, as applicable, reserve and retain all proprietary rights in or to the Content and do not grant you any express or implied right in any Content. You may not delete or alter any copyright, trademark, service mark or other proprietary notices from any Content.

2.3     You may not copy, reproduce, distribute, redistribute, transfer, transmit, retransmit, disseminate, sell, license, publish, display, broadcast, circulate, recompile, decompile, disassemble, reverse engineer, modify, alter, frame, store, archive or create any derivative of any Content without the Company’s express written consent. You may not access or use any Content other than for your private, non-commercial use (and for any such use you shall retain any and all such copyright, trademark, service mark or other proprietary notices contained therein).
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3. Privacy Policy.

 

3.1     Each time you access or use this Website, you agree and consent to the applicability, to you, of the Company’s practices regarding the collection, retention and use of data and information from access or use of this Website.

3.2     Certain pages of this Website may request that you enter certain personal information, e.g., name, address, e-mail address, domain name, telephone (including, without limitation, land line and mobile phone) numbers, or other personal identifying information. Your responses to these requests are voluntary; however, if you do not provide the requested information and that information is required to access or use those pages or that area of this Website, you will not be able to access or use those pages or that area of this Website.

3.3     The Company will not sell or otherwise disclose your personal information to unaffiliated third parties without your permission, except as provided herein or as required or permitted by applicable law, for example, to comply with a subpoena, interception order, warrant, or other legal process or regulatory requirement that the Company determines in its sole discretion to be valid and enforceable or to protect against fraud or illegal activity. The Company reserves the right to view, review, monitor, record, and analyze data and information from access or use of this Website to the fullest extent permitted by applicable law. Such data and information may be subject to disclosure by or to law enforcement organizations, in connection with criminal investigation, prosecution or other matters, or by or to private parties, in civil litigation or other matters. The Company does not warrant or guarantee confidentiality of any communication, data, information or other item transmitted by means of the internet. You assume all risk with respect to your access or use of this Website or the internet.

3.4     Certain pages or areas of this Website cannot be accessed or used without creating a user account, entering a valid password or providing other access information. You are responsible to keep your username, password and other access information confidential and to not permit unauthorized use of this Website by or through the use of your access information. You will immediately notify the Company if you become aware of any loss or theft of your access information or any unauthorized use of your username, password and other access information. The Company reserves the right to delete or change a username, password or other access information at any time and for any or no reason.

3.5     The Company’s collection, compilation, retention and use of data and information from access or use of this Website may be undertaken or performed by the Company or service providers of the Company and may include, without limitation, the collection of the following data from Website visitors: domain name, e-mail address, internet protocol (IP) address, internet service provider (ISP), operating system, date/time stamp, browser type, referring pages, exit pages, visits from social media/network pages, and similar data. The Company reserves the right to collect, compile, retain and use this and other aggregate data and to provide this and other aggregate data to third parties for statistical analysis. This general, non-personal, statistical information, which does not identify individual users, is collected, aggregated and analyzed to administer this Website, to measure the number of visits and the average time spent on this Website, to determine pages viewed and to track users’ movements within this Website, to determine trends, to gather aggregate demographic information about this Website’s visitors and to potentially improve, modify, suspend or discontinue certain of the Content.  

3.6     This Website uses “cookies” to track visits to this Website, simplify site navigation, deliver relevant information and provide a customized user experience. A cookie is text file, or line of text or data, transferred to your browser by a server and can only be read by the server that gave it to you. A cookie functions as an identification card, recording your username, password and other access information, purchases and preferences. A cookie may be used to provide tailored information to you. Cookies permit a server to recall a previous request from a particular browser.   Cookies cannot obtain any information that you do not volunteer. Many browsers may be configured to notify you when you are about to receive a cookie and give you the option of refusing the cookie. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. For Website pages that require a user name, password or authorization, cookies are not optional. Users choosing not to accept cookies may be unable to access those Website pages and may be unable to use certain sections or functions of this Website. While the Company may use cookies to track your visit to this Website, and our servers automatically log your computer’s IP address, this information does not identify you personally and you remain anonymous unless you have otherwise provided the Company with personal information.

3.7     The Terms of Use incorporate by this reference the terms of the Company’s separate Privacy Policy (which can be found on and is part of this Website), which shall govern any conflict therein with this Section 3 of the Terms of Use.
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4. Access Restrictions.

 

4.1     YOU WILL BE ASKED TO VERIFY YOUR AGE PRIOR TO SUBMITTING ANY PERSONAL INFORMATION TO THIS WEBSITE. DO NOT SUBMIT PERSONAL INFORMATION TO THIS WEBSITE UNLESS YOU ARE AT LEAST THIRTEEN (13) YEARS OLD. DO NOT MAKE PURCHASES FROM THIS WEBSITE UNLESS YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.

4.2     An individual under the age of 18 may only use this Website under the supervision of a parent or guardian who is at least 18 years old. The Company does not intend for this Website to be used by individuals under the age of 18 without the supervision of a parent or guardian who is at least 18 years old.

4.3     Each time you access or use this Website, you: (a) represent that you have attained the minimum age required to do so; (b) acknowledge, understand and agree that you have only a limited, revocable, non-exclusive, non-transferable license to access or use this Website, at all times and in all events subject to, and conditioned upon your continued compliance with, the Terms of Use and all applicable laws, rules and regulations; (c) represent and warrant to the Company that you will not use this Website for any use or purpose that is unlawful or that is otherwise prohibited by the Terms of Use; and (d) agree not to:

(i)      upload, post, e-mail or otherwise transmit to this Website: (a) any material that the Company deems to be unlawful, misleading, deceptive, harmful, threatening, abusive, harassing, discriminatory, defamatory, vulgar, offensive, obscene, pornographic, hateful or invasive of any rights of any person (individual or entity); or (b) any computer code or file that contains any virus, worm, Trojan horse or other program that is likely to harm or impair this Website or the functioning of this Website;
(ii)     use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of this Website;
(iii)    violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed to limit or prevent access to this Website;
(iv)    violate the security of, or seek unauthorized access to, this Website or any related system, network or server, through hacking, through mining any username, password or other access information, or any other means;
(v)     obtain through any means by or through this Website any Content that the Company has not intentionally made available publicly or to you under your Separate Commercial License Agreement;
(vi)    interfere with the functionality of this Website; or
(vii)   impose an unreasonable or disproportionately large load or burden on this Website or any related system, network or server, or, with respect to each of the foregoing, attempt to do so.

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5. Content Restrictions; Links to Other Websites.

 

5.1     You acknowledge, understand and agree that: (a) all Content is: (i) provided solely for information purposes; (ii) subject to any and all qualifications, limitations and parameters enumerated in any related materials; and (iii) subject to applicable laws, rules and regulations, and that, with respect thereto, the Company does not waive any protections, privileges or defenses available under applicable laws, rules or regulations, including, without limitation, the First Amendment of the Constitution of the United States of America.

5.2 Content from Submissions, Promotions or Entries (each as defined in Section 6 of the Terms of Use) is governed by and subject to the Terms of Use.

5.3     You acknowledge, understand and agree that, with respect to all Content that is based on or incorporates information and data provided by third parties (“Third-Party Information”) including, without limitation, other companies and other providers of features, services and products: (a) each such third party is solely responsible for its respective Third Party Content including, without limitation, the accuracy, completeness or reliability thereof; (b) may not be accurate as of any date (including, without limitation, if applicable, the date set forth therein as the date of the information contained or incorporated by reference therein) and may be outdated, unreliable or inaccurate; (c) has not been updated since the date set forth therein and material events affecting the information contained or incorporated by reference therein may have occurred since such date; (d) the Company is under no obligation to supplement, update, provide, correct or disseminate any Third Party Content; (e) all Third-Party Information is provided “as is” without any representation, guaranty or warranty of any kind; (f) the Company does not warrant or guarantee, and expressly disclaims all liability, representations, guaranties and warranties (including, without limitation, all express or implied warranties, including, without limitation, warranties of non-infringement, merchantability, accuracy, completeness, reliability or suitability or fitness for a particular purpose or use) for or with respect to all Third-Party Information; (g) no Third-Party Information has been verified by the Company; (h) no Third Party Content shall not constitute or be construed as a solicitation, recommendation, endorsement or offer by the Company; (i) the provision of Third-Party Information is not intended, does not imply and shall not be construed as any form of recommendation or endorsement of or responsibility for any Third-Party Information; and (j) the Company has no responsibility or liability for or control over, Third-Party Information.

5.4     The Company may provide links to other websites or Third-Party Information. You acknowledge, understand and agree that, with respect to such links, other websites or Third-Party Information: (a) the Company has no responsibility or liability for or control over other websites or Third-Party Information any including, without limitation, the accuracy, completeness or reliability thereof; (b) the Company’s provision thereof is not intended, does not imply and shall not be construed as any form of recommendation or endorsement thereof or responsibility therefore; (c) no such other link or website or Third-Party Information has been verified by the Company; (d) each such other link, website or Third-Party Information is provided “as is” without any representation, guaranty or warranty of any kind; and (e) the Company does not warrant or guarantee, and expressly disclaims all liability, representations, guaranties and warranties (including, without limitation, all express or implied warranties, including, without limitation, warranties of non-infringement, merchantability, accuracy, completeness, reliability or suitability or fitness for a particular purpose or use) for or with respect to all such other links, websites or Third-Party Information. All terms, provisions, covenants, conditions, restrictions, disclaimers and limitations of liability set forth therein or in the Terms of Use apply thereto.
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6. Submissions.

 

6.1     This Website may have sections, areas or pages where you can submit or post contest, ticket, drawing or other entries, questions, comments, messages, reviews, ratings, replies, text, photos, images, graphics, music, videos, audiovisual or other works, other audio/visual items, creative/other material, information, suggestions or ideas (including, without limitation, for or regarding any promotion, advertising, marketing, mark, name, logo, design, attraction, service, product, plans, technology, enhancement, addition, expansion, change, location or other items) in any format or media now known or later developed, including, without limitation, by means of email, social media, social networks, video-sharing sites and other internet-based, electronic, digital and other means of self-expression, communication or disclosure (each a “Submission”).

6.2     With respect to all of your Submissions, you hereby grant to the Company a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub-licensable (through multiple tiers) license, to: (a) copy, reproduce, distribute, redistribute, transfer, transmit, retransmit, disseminate, sell, license, publish, display, broadcast, circulate, recompile, decompile, disassemble, reverse engineer, modify, alter, frame, store, archive, create any derivative of or otherwise use each such Submission, in any format or media now known or later developed, on or in connection with this Website; (b) exercise all copyright, trademark, service mark or other intellectual property or proprietary rights with regard to each such Submission; and (c) use your Submission, and use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission, for any promotional purposes or other business purposes of or related to this Website or the Company.   You further waive all rights in or to your Submissions to the extent that they may conflict with any rights therein or use or other exploitation thereof by the Company.   No Submissions are confidential. All Submissions may be used by the Company or others as contemplated herein, without or without notice, and without any confidentiality or other non-disclosure or non-use obligations and without attribution to you or others.

6.3     Nothing herein authorizes you to incorporate into any Submission any content or material owned or licensed by the Company or any third party, any Third Party Content or otherwise included in this Website. The Company reserves the right to limit the size and quantity of Submissions that may be posted or stored at this Website. You acknowledge that the Company has sole discretion regarding whether to (i) use, post, include, display or retain any Submission at this Website or (ii) exercise any right granted to the Company hereunder in connection with any Submission.

6.4     The Company is not obligated to, but may do any or all of the following: (a) monitor, delete or alter any Submission before or after it appears on this Website or elsewhere; (b) seek to verify that all rights and permissions applicable to any Submission have been obtained; (c) refuse, reject or remove any Submission at any time or for any reason; and (d) disclose any Submissions and information relating thereto to anyone for any reason or purpose, subject to the Privacy Policy. You consent to the foregoing, and agree to cooperate in connection with the foregoing, for all of your Submissions.

6.5     With respect to all of your Submissions, you agree, acknowledge, represent and warrant that: (a) you have the legal right and authority to acknowledge and agree and accept and enter into the Terms of Use; (b) you have received good and valuable consideration in exchange for the rights granted by you in and to any Submissions, including the ability to use this Website or participate in activities on this Website, and that you are not entitled to any consideration or any further consideration (including any payment) for any use or other exploitation of any Submission by the Company or others pursuant to the rights in such Submission granted herein or which are available under applicable law; (c) you have complied and will comply in all respects with all applicable laws, rules and regulations and not publish any statement or material that is considered to constitute unlawful discrimination, hate speech or pornography or that may exploits or otherwise harm minors; (d) you own individually and exclusively, or otherwise have the full right and permission to use or otherwise exploit, all of the rights in and to your Submissions and to grant the rights and licenses set forth herein including with respect to any content or material of, owned or licensed by or provided by any third party included therein, and that you have obtained express, written permission from all owners, licensees or other rights holders thereof necessary for you to do so; (e) you have obtained (and will provide to the Company upon our request) the written permission of every identifiable individual who appears in your Submissions to use such person’s name and likeness for purposes of using and exploiting such Submission as contemplated herein (if any such identifiable individual is a minor, you have obtained such written permission from such person’s parent or legal guardian); (f) neither your use or other exploitation of the Submission, nor the use or other exploitation of the Submission as contemplated or permitted herein, infringes upon any copyright, trademark, service mark or other intellectual property or proprietary rights of you or any third party or is defamatory to or invasive of any rights of you or any third party; and (g) you assume all risk of your publication of your Submission, including any risk arising from any breach or non-compliance with your agreement, acknowledgements, representations and warranties hereunder with respect thereto; and (h) you forever waive, release and relinquish, and shall have no recourse against the Company for, any and all Claims (as defined in Section 7.6 of the Terms of Use) arising from or related to any or all of your Submissions.

6.6     IF YOU DO NOT WANT TO GRANT ALL OF THE FOREGOING RIGHTS AND OTHERWISE AGREE AND BE SUBJECT TO THE TERMS OF USE WITH RESPECT TO SUBMISSIONS DO NOT POST ANY SUBMISSIONS ON THIS WEBSITE.

6.7 Entry Rules: Rules for all Submissions, responses, replies, posts, or entries (each an “Entry”) to or to participate in any Company contest, drawing or similar or other form of promotion (each a “Promotion”) include the following:

6.7.1 Entry Requirements. Any Entry to a Promotion must be submitted as and when required by, and with all information required by, these general rules and also by the Promotion’s specific rules and instructions. Entries received by other means, or after the deadline for Entry, or without all required information are automatically and immediately deemed rejected, ineligible and void and will be disregarded. Entries must be submitted to the correct email address or platform page. Reference to a platform means and includes Facebook, Google+, Instagram, Snapchat, Twitter or other internet-based, electronic, digital and other means of self-expression, communication or disclosure. Only one Entry per person and per email address or other submitting account except as otherwise specifically allowed under the Promotion’s specific rules and instructions. An Entry is deemed submitted by the person in whose name is registered the submitting email address or account. By Entry, an Entrant irrevocably grants permission to have details provided by Entry used by the Company in accordance with its privacy policy and his or her name, city, photograph and/or likeness used in any manner the Company may deem appropriate, including on the Company’s website or the Promotion’s platform page, for advertising, trade and/or promotional purposes without any compensation. All Entries immediately and automatically become the property of the Company and will not be returned.

6.7.2 Eligibility Requirements. A Promotion is open to all legal residents of the United States and its territories, except all: (a) individuals under the age of 18; (b) residents of any state or territory in which the Promotion is prohibited, taxed, or restricted by law or for which registration, bonding or other regulatory activities are required by law; (c) other individuals, if any, excluded under the Promotion’s specific rules and instructions; and (d) employees, directors, officers, agents, representatives and contractors of the Company or any Company affiliate and their immediate families and household members. The Company reserves the right to determine eligibility in its sole discretion.

6.7.3 No Purchase Necessary. No purchase or payment of any kind is necessary for Entry except as otherwise specifically required under the Promotion’s specific rules and instructions.

6.7.4 Prizes; Approximate Value. A Promotion’s winner(s) receive prize(s) described under the Promotion’s specific rules and instructions. Prize components are not exchangeable, transferable or redeemable for cash or other alternative prize(s). In the event of unavailability of stated prize(s) or component(s), the Company reserves the right to substitute item(s) of comparable value determined by the Company in its sole discretion. Prize approximate retail value is as stated under the Promotion’s specific rules and instructions. All prizes are provided “as is” and without any guaranty or warranty of any kind (including implied warranties of merchantability or fitness for a particular purpose).

6.7.5 Winner Selection and Notification. After a Promotion’s Entry deadline, the winning Entry will be selected, and if more than one Entry is eligible as a winning Entry, then by random drawing from among all eligible winning Entries, in each case except as otherwise specifically provided under the Promotion’s specific rules and instructions. The odds of winning depend on the number of eligible Entries, and if more than one Entry is eligible as a winning Entry, the number of eligible winning Entries. The winner(s) will be notified by email or phone (as determined by the Company). A winner forfeits all prizes if the winner cannot be notified, fails to respond to the prize notification within two (2) days, or fails to comply with all redemption requirements including the timely return or delivery of all documents and forms required under Section 6.7.6 below or is ineligible under Section 6.7.2 above or otherwise. If a winner is ineligible or disqualified, the Company may select an alternate winner under these general rules and the Promotion’s specific rules and instructions. After a Promotion has concluded, for a short period of time, as determined by the Company, a winner’s name, city, photograph and/or likeness may be displayed at the Company’s website or the Promotion’s platform page. By Entry, a winner irrevocably grants permission to have details provided by Entry used by the Company in accordance with its privacy policy and his or her name, city, photograph and/or likeness used in any manner the Company may deem appropriate, including on the Company’s website or the Promotion’s platform page, for advertising, trade and/or promotional purposes without any compensation.

6.7.6 Redemption Requirements. As a condition of and prior to receiving any prize, a winner must complete, sign and return an affidavit of eligibility and a waiver and release, each in the form required by the Company and, if the value of that prize is at least $600, a completed, signed Internal Revenue Service (“IRS”) Form W-9. The winner acknowledges that the IRS requires that the issuer of a prize issue IRS Form 1099-MISC and file it with the IRS for each recipient of a prize who is a resident of the United States or a United States taxpayer if the value of that prize is at least $600. The winner is responsible for all tax liabilities arising from his or her receipt of any prize. The winner will be disqualified, and thereby forfeit any prize, for any failure or refusal to comply with any or all of the requirements of these general rules or the Promotion’s specific rules and instructions.

6.7.7 Defective Entries. The Company is not responsible and disclaims all liability for: improperly-submitted, late, delayed, lost, misdirected, incomplete or otherwise defective entries; printing or typographical errors in any Promotion materials or related materials; network connection problems, system errors, computer errors or failures, data corruption or other malfunctions, whether caused by equipment or programming associated with or utilized in a Promotion; or any error whatsoever, human or otherwise. All improperly-submitted, late, delayed, lost, misdirected, incomplete or otherwise defective entries, indecipherable entries, multiple submissions, robotic or otherwise automated entries, and computer-aided or computer-generated script entries are automatically and immediately deemed rejected, ineligible and void and will be disregarded. In its sole discretion, the Company may cancel, terminate, modify, or suspend all or part of a Promotion should any virus, worm, code, file, program or non-authorized intervention or other cause beyond the Company’s control corrupt or affect the administration, security, fairness or proper play of a Promotion. In such cases, and at its option and in its sole discretion, the Company may select winners by random drawing from the Entries received by electronic transmission prior to the corruption or other event. The Company may disqualify any individual the Company reasonably believes in its discretion to have tampered with any Promotion or Entry process or operation or who is found to be acting in violation of general rules or the Promotion’s specific rules and instructions.

6.7.8 Interpretation. The Company has full and sole discretion regarding interpretations of, and is the sole interpreter of, these general rules and the Promotion’s specific rules and instructions and any and all decisions or determinations based thereon. By any Entry or attempted or purported Entry you agree to be bound by the foregoing and that all interpretations and decisions of the Company are final, binding and non-appealable in all respects.

6.7.9 Applicable Law and Jurisdiction. A Promotion is governed by and subject to all federal, state and local laws and regulations. A Promotion is void where prohibited, taxed, or restricted by law or for which registration, bonding or other regulatory activities are required by law. All claims must be resolved in the state and county of the Company’s primary place of business.

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7. Disclaimers; Limitation of Liability; Indemnification; Exclusive Jurisdiction and Venue; Waiver of Jury Trial.

 

7.1     This Website and all Content are provided “as is” without any representation, guaranty or warranty of any kind. The Company, and its information or service providers, do not warrant or guarantee, and expressly disclaim all liability, representations, guaranties and warranties (including, without limitation, all express or implied warranties, including, without limitation, warranties of non-infringement, merchantability, accuracy, completeness, reliability or suitability or fitness for a particular purpose or use) for or with respect to any and all of the following (collectively, the “Non-Warranted Matters”): (a) this Website; (b) all Content; (c) any act or omission made in reliance on or based on any of this Website or any Content; (d) whether any of this Website or any Content infringes upon any copyright, trademark, service mark or other intellectual property or proprietary rights of you or any third party or is defamatory to or invasive of any rights of you or any third party; (e) any accuracy, completeness, reliability, timeliness, or correct sequencing, or any failures, delays, interruptions, errors, omissions, or inaccuracies, of any Content, whether originated by the Company, licensed by the Company from any such information or service provider, obtained by the Company from third parties or publicly-available sources, or otherwise; or (f) any and all access to or use of any of this Website or any Content, including, without limitation, whether any of this Website or any Content shall be free of (i) failures, delays, interruptions, errors, omissions, or inaccuracies, or (ii) any computer code or file that contains any virus, worm, Trojan horse or other program that may harm, impair or be detrimental to any other computer, system, server or network.

7.2     You waive, release and relinquish, and shall have no recourse against the Company for, any and all Claims (as defined in Section 7.6 of the Terms of Use) arising from or related to any or all of the Non-Warranted Matters.

7.3     Notwithstanding anything herein or in any Separate Commercial License Agreement to the contrary, in no event shall the Company be liable for any incidental, special, indirect, consequential, reliance, punitive or other exemplary damages, including, without limitation, any loss of profits, data or interest, any penalties or assessments imposed under applicable laws or otherwise.

7.4     To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company for any and all third-party claims for Claims arising from or related to any breach or violation by you (or anyone using your username, password or other access information to access this Website) of the Terms of Use or any access or use by you (or anyone using your username, password or other access information to access this Website) of this Website or any Content for any use or purpose that is unlawful or otherwise prohibited by the Terms of Use. The Company reserves the right to assume the control and defense of any such matter. In the event that the Company shall assume the control and defense of any such matter, you shall cooperate with the Company in this regard including, without limitation, in the assertion of defenses and mandatory counterclaims therein.

7.5     To the extent permitted by applicable law, with respect to any Claims arising from or related to any breach or violation by you (or anyone using your username, password or other access information to access this Website) of the Terms of Use or any access or use by you (or anyone using your username, password or other access information to access this Website) of this Website or any Content, you: (a) consent to the exclusive jurisdiction and venue of the state or federal court located closest to the Company’s principal place of business; (b) waive any objection (including, without limitation, any based upon grounds of “forum non conveniens”) that you now or hereafter may have to such jurisdiction or venue; and (c) waive any right to trial by jury of any Claim arising from or in connection with your access or use of this Website or any or all Content, whether now existing or hereafter arising, and whether sounding in contract, warranty, tort or otherwise.

7.6     In the Terms of Use, “Claims” shall mean all actions, causes of action, claims, demands, duties, liabilities, obligations, judgments, fines, penalties, damages, losses, fees, costs and expenses, including, without limitation, reasonable attorneys’, consultant’s and expert witness’ fees, costs and expenses.

7.7     Your sole and exclusive right and remedy in case of any dissatisfaction or grievance with this Website and all related services shall be your right to terminate and discontinue your access to and use of this Website.

7.8     The Company and its affiliates and licensees shall have no liability to you whatsoever for any Claim arising from or in connection with your access or use of this Website or any or all Content, whether now existing or hereafter arising, and whether sounding in contract, warranty, tort or otherwise.

7.9     The Company shall have no responsibility or liability for any event of “force majeure” under applicable law or any other failures, delays, interruptions, errors, omissions, or inaccuracies with respect to this Website, including, without limitation, all features, services, products, software and other Content that was caused by any reason or event reason or event beyond the Company’s reasonable control, including, without limitation, any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, utility or other power or any other failure to perform by any internet, information or service provider or any other person (individual or entity).

7.10   The Company’s failure to insist on strict performance of any of the Terms of Use shall not operate as a waiver of any other of the Terms of Use. The terms, provisions, covenants, conditions, restrictions, disclaimers and limitations of liability of the Terms of Use are severable, such that, if any is held invalid or unenforceable, the remainder shall remain valid and enforceable.   Any table of contents, or paragraph or section headings or titles, herein are for convenience only and shall have no force or effect.

7.11   You acknowledge, understand and agree that the Terms of Use shall survive any termination of your right of access to, or your use of any information obtained from, this Website.

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