1. Company’s Role
Company publishes proprietary content on the Site. Company is not the owner of, or responsible in any way for, any third party content on the Site. The Site may include links to websites not owned or operated by Company. Company is not responsible for any third-party websites. Refer to Section 5 below for Company’s complete disclaimer of warranties and limitation of liabilities.
2. Your Responsibilities in Using the Site
You may use the Site only for lawful and non-commercial, personal, and private purposes. You are responsible for your actions with respect to the Site, including, without limitation, for any content that you provide to Company via the Site or otherwise. You are solely responsible for any damage resulting from any actions you take with respect to the Site.
You agree that you shall not, directly or indirectly, provide any content to Company that:
(i) infringes or otherwise violates the rights of any third party, including, without limitation, the intellectual property rights or rights of privacy or publicity of any third party,
(ii) is obscene, profane, pornographic, or contains nudity,
(iii) contains graphic or gratuitous violence,
(iv) is threatening, abusive, or discriminatory,
(v) is defamatory, malicious, or intentionally false or misleading,
(vi) is unlawful or encourages conduct that is unlawful, or
(vii) may give rise to civil liability.
You agree that you shall not engage in any conduct that restricts or inhibits any other end user of the Site (each, an “End User”) from using or enjoying the Site or threatens Company’s interests, including, without limitation, by (i) propagating computer viruses or other malicious computer code, or (ii) collecting End User content or information, or otherwise using the Site, using automated means (e.g., bots, spiders, or scrapers). If you register to become a registered user of the Site, you agree that you shall register under your real name. You are responsible for protecting the confidentiality of any passwords or other login credentials used to access the Site. You are solely responsible for the use of the Site by any other party that accesses the Site using your passwords or other login credentials. Please contact Company immediately at the e-mail address set forth below if you believe that your passwords or other login credentials have been lost or stolen, or that a third party may attempt to use your passwords or other login credentials. Your right to use the Site is personal to you and may not be transferred to any third party. By registering to become a registered user of the Site, you represent and warrant that (i) you are not a competitor of Company, and (ii) you will in no event use the Site in any way to compete with Company or misappropriate any business opportunity of Company. You agree not to encourage, facilitate, or permit any third party to take any action that, if take directly by you, would violate the terms of this Agreement.
3. Proprietary Content
You may download content displayed on the Site for your non-commercial, personal, and private use only, subject to the terms of this Agreement. You agree to retain all copyright and other proprietary notices included with such content. You may not distribute, make electronically available, modify, or create derivative works of such content without the written consent of Company or the applicable owner or licensor of such content, as the case may be. The Site contains content that it proprietary to Company and Company’s Licensors. This content may include, without limitation, software, text, images, photos, video, graphics, music and sound. You acknowledge that you do not have or acquire any ownership rights by accessing or otherwise using such content. Company’s name and Company-branded logos and related trademarks/servicemarks are the marks of Company; the names and logos of Company’s Licensors, and related trademarks/servicemarks, are the marks of the applicable licensor. Company, or the applicable licensor, as the case may be, reserves all rights to these marks and its proprietary content used on or in connection with the Site.
Without limiting any other rights or remedies of Company, Company may suspend or terminate your status and access as a registered user of the Site, if, in Company’s sole discretion, there is any violation or threatened violation of any of the terms of this Agreement by you.
5. Disclaimer of Warranties; Limitation of Liability
YOU USE THE SITE AT YOUR OWN RISK. COMPANY PROVIDES THE SITE AND ALL CONTENT THEREON “AS IS”, “AS-AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT GUARANTEE THAT THE SITE IS SAFE OR SECURE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, COMPANY’S LICENSORS), AND YOU RELEASE COMPANY, ITS AFFILIATES, AND ITS AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY OF THE FOREGOING PARTIES. COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID COMPANY. APPLICABLE LAW MAY NOT ALLOW FOR THE DISCLAIMING OF CERTAIN WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS, LIMITATIONS, AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S DISCLAIMERS SHALL BE EFFECTIVE, AND ITS LIABILITY SHALL BE LIMITED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If any third party brings a claim against Company, its affiliates, Company’s Licensors, or any owner, director, officer, employee, or agent of Company, any of its affiliates, or any of Company’s Licensors (the “Company Parties”) related to (i) your actions with respect to the Site, (ii) any breach or alleged breach by you of any of the terms of this Agreement, or (iii) any violation or alleged violation of law by you, you shall indemnify and hold any and all Company Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Either Company or you may terminate this Agreement at any time upon notice to the other party. If you are a registered user of the Site, Company may provide notice to you via e-mail to your e-mail of record with Company. You shall provide any termination notice to Company to the address set forth in Section 14 below. The provisions of Sections 5, 6, 12, 15, and 16.
8. Additional Terms and Conditions
Certain areas of the Site provide for additional products, services, or features and may include additional terms and conditions. To the extent that you elect to access or receive such additional products, services, or features, the related additional terms and conditions are incorporated herein by reference. To the extent the terms of this Agreement are inconsistent with such additional terms and conditions, such additional terms and conditions shall apply.
10. Policy Concerning Children
If you are under age 13, you are not authorized to post any personal information about you to the Site or provide any personal information about you to Company. If Company learns that it has collected personal information from a child under age 13, Company shall delete that information as quickly as possible. If you believe that Company might have any information from a child under age 13, please contact Company at the address set forth in Section 14 below.
11. Special Provisions Applicable to Users Outside the United States
If you are a user of the Site outside the United States, you consent to having your personal data transferred to and processed in the United States.
12. Your Suggestions
Company appreciates your feedback or other suggestions about the Site, but you understand that Company may use your feedback or other suggestions without any obligation to compensate you for them.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous agreements between the you and Company with respect to such subject matter. If any portion of this Agreement is found to be unenforceable, the remaining portion shall remain in full force and effect. If Company fails to enforce any of this Agreement, such failure shall not be considered a waiver. Any waiver of any term of this Agreement must be made in writing and signed by Company in order for such waiver to be enforceable against Company. You may not transfer any of your rights or obligations under this Agreement to any third party without the written consent of Company. All of Company’s rights and obligations under this Agreement are freely assignable by Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. This Agreement does not confer any third party beneficiary rights.
14. DMCA Notice
Company owns, protects and enforces copyrights in its own proprietary content and respects the copyright properties of others. Content is made available on or via the Site by third parties not within the control of Company. It is Company’s policy not to permit content known by Company to be infringing to remain on the Site. You should notify Company promptly if you believe any content on the Site infringes a third party copyright. Upon Company’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), Company shall respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to content claimed to be infringing or by removing or disabling access to links to such content. Pursuant to the DMCA, Company has designated the agent below to act as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user of the Site, on the Site. The contact information for such agent of Company is:
Attn: Website Administrator
181 River Ridge Circle South
Burnsville, MN 55337
15. Resolution of Disputes
Subject to Section 14 above, Company is under no obligations to resolve, or facilitate the resolution of, any disputes between you and any third party, including, without limitation, any End User. You agree to resolve any claim, cause of action or dispute (“claim”) you have with Company or any of its affiliates arising out of or relating to this Agreement exclusively in a state or federal court located in Hennepin County, Minnesota. The laws of the State of Minnesota shall govern this Agreement, as well as any claim that might arise between you and Company or any of its affiliates, without regard to conflict of law provisions. You hereby irrevocably submit to the personal jurisdiction of the courts located in Hennepin County, Minnesota for the purpose of litigating all such claims.
16. Limitation on Claims.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
17. Changes to this Agreement
DATE OF LAST MODIFICATION: September 7, 2011