Violations of system ornetwork security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users whoviolate these Terms. We may suspend or terminate your access to theServices for any or no reason at any time without notice.
2. Intellectual Property Rights. All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by the Company and/or third parties. Except as expressly provided herein, the Company does not grant any express or implied right to you or any other user of the Services. The Services may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners. Removing or altering the copyright notice on any Content on the Services is prohibited. The Company also owns a copyright in the Services as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Services’ Content.
3. Privacy Policy. By using the Services, you consent to the Companies processing of your information consistent with our
Privacy Policy.
4. Third-Party Sites. The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DONOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, ORTHAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES,DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT ORINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS,OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES,ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW,MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES ORTHE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.
6. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE CENTER AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THISSECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
7. User Submissions. The Company welcomes your feedback and suggestions about how to improve the Services, and allows public comments on some of the Services. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Services, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Center to adopt, publish,reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions 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 Submissions. You hereby waive any claim to the contrary. You hereby waiveany moral rights you may have in your Submissions. You represent that you have obtained the consent of all individuals who are identifiable in yourSubmissions, or of the individual’s parent or legal guardian if the individualis under 18 years old, to include the individual’s likeness in your Submissions and for us to enjoy all of the rights and privileges that you grant to us underthese Terms.
You remain fully responsible for Submissions, and you agree not to provide Submissions that:
You understand and agree that we are not responsible for any Submissions. We are not obligated to publish or use your Submissions. We may monitor, review, edit, remove,delete, or disable access to your Submissions at any time, without prior noticeand in our sole discretion, for any or no reason.
8. U.S. Copyright Infringement Claims. If you believe in good faith that your work has been reproduced or is accessible on the Services in away that constitutes copyright infringement, please provide our designated agent with the following information in writing:
Our designated agent is:
NAVoX, LLC
12201 Bluegrass Parkway
Louisville, KY 40299
Email:
info@navoxllc.com Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. §512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
9. Choice of Law and Forum. The Services are primarily intended for use by residents of the United States. If you use theServices from the European Union, these Terms will be governed by and shall be construed in accordance with the law of your home country, and the courts of your home country will have exclusive jurisdiction over any claim or dispute arising out of or relating to the Services. Otherwise, you agree that your access to and use of the Services will be governed by and will be construed in accordance with the law of the state of Kentucky, without regard to principles of conflicts of laws. You agree that any claim or dispute arising out ofor relating to the Services must be resolved by a federal district court located in Louisville, KY, unless agreed upon by all parties.
Any use of geographical names on this Service or in any Content does not imply the expression of any opinion whatsoever on the part of the Company concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The Company takes no position on any sovereignty disputes between states; any reference to states, territories, or places on this site or in any Content is without prejudice to the outcome of any sovereignty disputes, legal disputes, or dispute resolution processes between states.
10. Miscellaneous. These Terms constitute the entire agreement between you and the Company, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided toor gathered by us with respect to such use.
11. Privacy, Confidentiality and Security of Data. The Company respects the privacy of individuals. The Company has taken measures to ensure that the Data is devoid of information that could be used to identify individuals (including, but not limited to, names, telephone numbers, and email addresses) who participated in or who were the subject of any research surveys or studies used to collect the Data(“Personally Identifying Information”). However, in the event that you discover any such Personally Identifying Information in the Data, you shall immediately notify the Company and refrain from using any such Personally IdentifyingInformation. User further agrees not to (and will not allow other to) attempt to ascertain the identity of or derive information about individual survey respondents nor link the individual survey records contained in the Data with other data sets for the purpose of identifying individuals.
12. SMS Text Messages
Message frequency varies per user.
Message and data rates may apply.
Text HELP for help. Text STOP to unsubscribe.
Carriersare not liable for delayed or undelivered messages.
