Terms & Conditions

As a visitor to www.InventingPathways.com (the “Site”), owned by Inventing Pathways Publishing, LLC, a Vermont, USA limited liability company (“Inventing Pathways,” “We,” or “Us”), You agree to these Terms and Conditions. This site is not intended for use by children under the age of 13. You must be 18 years old (19 in Alabama) to use this Site.

Please be sure to read these entire Terms and Conditions, including the Privacy Policy. If you (“You”) don’t agree to any of these Terms and Conditions, Your only remedy is not to use this Site and to stop using any Account or services for which You may have registered. This policy includes exclusions of warranties and limitations on Our liability to You.

SITE SERVICES ARE PROVIDED “AS-IS,” “WHERE-IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND MERCHANTABILITY. Nothing on the Site constitutes legal advice, and users are strongly advised to contact a patent attorney with respect to their ideas and inventions. Nothing on the Site constitutes engineering, project management, industrial or other design advice. We do not assume and expressly disclaim all liability whatsoever for any claim or damage, loss, expense, cost and/or disruption caused by any advice, errors or omissions on the Site, whether arising under contract, tort, negligence or any other cause or reason. We expressly disclaim all warranties, express or implied, with respect to any materials, advice, resources and other Content on the Site. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ALL CONTENT ON THE SITE IS AT YOUR SOLE RISK.

The Content appearing at Site is for informational, educational and entertainment purposes only. Although Inventing Pathways editors and contributors try to be accurate, errors are inevitable and may appear in numerous places. Users should consult multiple sources and rely on their own judgment and observations in evaluating business opportunities, creating intellectual property, exploiting inventions, evaluating potential and actual patent, copyright and trademark protection, evaluating potential service providers and the like.

Any links on the Site are provided for convenience only, and do not constitute an endorsement or warranty by Inventing Pathways of another site or any product, service or other material offered on another site.

You can view the Terms and Conditions at any time by clicking on the Terms and Conditions link at the bottom of our pages. We may provide notice of changes to these Terms and Conditions, but we are not required to do so. It is Your responsibility to review the Terms and Conditions and abide by these conditions of use of the We site.

We reserve the right to make changes in this policy at any time. Please check each time You use our web site to ensure You are aware of any changes in our terms and/or privacy practices. Your continued use of our site will signify Your acceptance of the changes to our Terms and Conditions and Privacy Policy.

Inventing Pathways grants you a limited, non-exclusive license to access and make personal use only of the Site and Our Content and the Content of other users (“User Contributions” as defined below). This license does not include any resale or commercial use of the Site, Our Content and/or Contributions.

Nothing in these Terms requires us to continue to offer all or any services or products. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

Some jurisdictions do not permit disclaimer of warranties, so this may not apply to You.

By registering, You will open an Account with us in the USA. Your data is protected by our Privacy Policy. We uses Your data to administer Your Account, provide information of interest to You, and to communicate with You and as further provided below. More information about how We use Your personally identifiable information and Your related rights can be found in our Privacy Policy below.

I. PRIVACY POLICY

PLEASE NOTE THAT THE SITE IS NOT INTENDED FOR USE BY CHILDREN 13 YEARS OF AGE OR UNDER. If You are underage, You must stop using the site.

PLEASE NOTE THAT IN ACCORDANCE WITH EU REGULATIONS, YOU WILL BE ASKED TO ACCEPT COOKIES WHEN ENGAGING WITH OUR SITE. YOU WILL BE INFORMED IF YOU ARE ENTERING AN AREA OF THE SITE WHERE WE ARE COLLECTING PERSONALLY IDENTIFIABLE INFORMATION SO THAT YOU MAY CONSENT TO COLLECTION OF THE INFORMATION OR NOT.

SUMMARY OF YOUR RIGHTS TO BE INFORMED ABOUT WHAT INFORMATION WE COLLECT:

We collect cookies for Your user account information in order to make Your experience on Our site seamless. You may set Your computer to block cookies, but if You block cookies, You may not have access to Our site or areas of Our site.
We collect Your name, IP address and email address when You register on Our site.
We may collect certain demographic information about You when You engage in certain activities on Our site.
We never intentionally collect personally identifiable information from children under the age of 13, and do not permit minors to use the Site.
We collect information You provide about You if You choose to respond to any surveys, contests, polls or the like or register for any event we may conduct. This may include various forms of contact information, such as Your name, email address or physical address, as well as drawings or photographs of You.
We collect profile information about You when You establish an account with us, which may include Your name, address, phone number, user name and password and Your IP address. This information is stored by us while You maintain a user account with us.
Your rights to control Your information:
- You have the right to review what information We have stored.
- You have the right to request amendments to Your stored information
- You have the right to request that We delete all stored information about You, provided that We may retain archival information in case of judicial or regulatory action and to fulfill Our obligations not to delete information accidentally. When we retain archival data, it is encrypted. You should know that are archives are searchable, but You will not have a separate archival back-up of Your data as we are too small to offer this service.
- We may retain anonymized data based on Your data that We use internally for reporting and development purposes.
- Please contact us to request any of these services.
- If You make any of these requests, You must provide us with proof of Your identity and address (a copy of Your driver’s license or passport and a recent utility or credit card bill); and
- Provide the information to which Your request relates.
You have the right to portability of your data, provided that we cannot guaranty that the data will be usable in formats other than our Site.
We do not sell or transfer Your information to third parties for marketing purposes or ads. If we do so in future, we will notify You and provide You with the opportunity to opt-out of our marketing initiatives.

We respect the privacy rights of our Users and recognizes the importance of protecting the information collected about You. Please note that this policy applies only to sites maintained by Us, and not to web sites maintained by other companies or organizations to which we link or might link in future, or to or on which You might post one of our articles or other Content as permitted.

Third Party Sites

If You click on a link to a third party site, You will leave the Our site and go to the site You selected. Because we cannot control the activities of third parties, including internet service providers or social media platforms like Twitter or Facebook, we cannot accept responsibility for any use of Your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices. We encourage You to review the privacy policies of any other service provider from whom You request services. If You visit a third party website that is linked to our Site, You should consult that site’s privacy policy before providing any personal information. Even if We provide a link, this does not mean that We endorse any other website. We makes no representations or warranties about any website you may access through Us. They are independent from Us, and We have no control over, or responsibility for, their information or activities.

What is personal information and when do We collect it?

Personal information is information that identifies You and may be used to contact You on-line or off-line. We collects personal information from our visitors during (1) registration on our Site, (2) marketing surveys and email campaigns as may be conducted by Us, (3) registration through the Site for particular events as may be available from time to time.

Information collected will vary depending upon the activity and may include Your name, e-mail address, phone number, cell-phone number, home address and other personally identifying information. In addition, we may collect demographic information such as gender, zip code, information about Your computer, hardware, software, platform, media, Internet IP address and connection, information about activity such as feature usage, user rankings and click paths and other data that You may provide in surveys or profiles, for instance. We may combine demographic information with personal information. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill Your requests and Our legitimate business objectives.

Information You Post

The Site may contain forums, chat rooms, personal web pages or profiles, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content, material, information, suggestions, ideas, concepts, questions, or comments (collectively, “User Contributions”) on or through the Site. You may choose to disclose information about Yourself when You post User Contributions. Information that You disclose about Yourself is public information, and there is no expectation of privacy or confidentiality with respect to any of this information. Please be cautious when posting User Contributions on our site. We encourage You only to use a screen name in communicating with other users. We discourage You from posting any personal information about Yourself on the site.

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. We currently do not share any personal customer information with any third party, including any affiliate, for any marketing purposes. Should we later do so, we will update this Privacy Policy and provide you with an address to which you can direct a request for the notice.

Statistical and Usage Data

When You visit the Site, we retrieve information about Your hardware system, including Your Internet Protocol Address. We use this information to better understand the behavior and preferences of our Users, so that we can improve our products and services. We will never use this information to identify You personally to third parties (except payment facilities for payment for use of the Site should we in future charge service fees, or for payment for products) without Your knowledge or consent.

Public Data

If You register on the Site and/or engage in chatrooms, bulletin boards or other on-line events, You are agreeing to let us collect, use, store, transmit and publicly display, reproduce and otherwise use Your User Contributions as further provided below for all other reasonable business uses generated through Your participation not expressly prohibited by law or under this policy.

A Special Note About Children

We recognize a special obligation to protect personal information obtained from children. Nothing on the Site is directed to children under the age of 13. IN NO EVENT MAY CHILDREN UNDER THE AGE OF 13 USE THIS SITE. WE’RE SORRY, BUT WE LOOK FORWARD TO SEEING YOU WHEN YOU ARE OLDER!

YOU MUST BE 18 YEARS OLD (19 IN ALABAMA) TO USE THIS SITE, AND IF OUTSIDE THE USA, THE AGE OF MAJORITY IN YOUR JURISDICTION.

PARENT AND GUARDIANS. If for any reason You are concerned that Your child’s personally identifiable information has been made available to Us, please Email Us using “Children’s Privacy” in the subject line to remove Your child’s information as appropriate.

What about cookies and other technologies?

We use cookies and other technologies to collect demographic information, personalize Your experience on our site and other activities. Cookies are small files downloaded to Your computer to track movements within web sites. For example, we use “cookies” or other methods to monitor website usage. We collect information on what pages on the Site you visited, how long you stayed and which links are clicked. We may link cookie information to personal information. We maintain log files which contain Internet Protocol (“IP”) addresses. An IP address is a numeric address that is assigned to Your computer by Your Internet Service Provider. In general, we use log files to monitor traffic on our Web site and to troubleshoot technical problems and payment issues. In the event of user abuse of our websites, however, we may block certain IP addresses. IP addresses may be used to personally identify You in order to enforce our Terms and Conditions.

What happens to the information provided?

All materials and information of every nature You disclose in public areas on our Site, and information You provide to other Users while using the Site is public information. Do not post Your personally identifiable information to the Site.

In the event of an acquisition of Our assets by a third party, merger or the unlikely event of bankruptcy, User information may be transferred to Our successor or assigns. We do not provide Your personal information to any other person or entity except our outside contractors who may need such information to update the site or for our internal business purposes (and then under obligations of confidentiality), for payment obligations and for enforcement of the Terms and Conditions.

We may also use Your personal information for our internal marketing and demographic studies, so we can consistently improve our sites to better meet our visitors’ needs, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have, in our sole discretion, reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage. We may in our sole discretion also disclose personal information to law enforcement or appropriate civil authorities.

Where is the information held?

The information collected, stored or used by Us may be transferred over connections and equipment based Australia, Europe, Asia the United States and elsewhere. We will use Your information only for the purposes set out in these Terms and Conditions and Privacy Policy, but we cannot be responsible for illegal use by third parties over which We have no control.

Safeguarding Your Personal Information

We will only collect and use personal information in accordance with this Privacy Policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will maintain appropriate safeguards to ensure the security, integrity, accuracy and privacy of the information You have provided in accordance with standard industry practices. In addition, we will take reasonable steps to assure that third parties to whom we transfer any personal information will provide sufficient protection of that information in accordance with standard industry practices.

Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account

If for any reason You are concerned that personal information is not correct, or should You wish to have Your Account(s) deactivated or be removed from our mailing lists, please Email Us, using “Privacy” in the subject line. We will be happy to review, update or remove information as appropriate. We may still retain Your information in our files to resolve disputes, enforce our Terms and Conditions, and for technical and legal requirements and constraints related to the security, integrity and operation of our sites.

BY USING THIS SITE, YOU AGREE TO THE OUR TERMS AND CONDITIONS, INCLUDING PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

II. TERMS OF SERVICE

Your use of the Site is subject at all times to these Terms and Conditions, as may be amended by Us from time to time. Your member account (“Account”) (if any) and all of our Content, activities and other services, regardless of when they are added to the Site, are governed by these Terms and Conditions.

You acknowledge that the time that You spend on the Site is solely for entertainment purposes, and that no value can be attributed to such time.

These Terms and Conditions constitute the entire agreement between You and Us regarding Your rights and obligations in Your use of the Site and purchases made from the Site. If there is any conflict between the Terms and Conditions and any other rules or instructions on the Site, We have exclusive authority to resolve the conflict in Our sole discretion. If You have questions about the Terms and Conditions, please Contact Us.

You must have access to the internet to establish an Account or use our Site. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that You may incur when using our Site, even when we offer free access or trial subscriptions for any paid services.

ACCOUNT REGISTRATION

When and if available, when You complete Our registration process, You create an account (“Account” and become a member (“Member”). Your Account may allow You to participate in certain activities on our Site. To create an Account, You must select an email to use in connection with the Account, a login name and a password. If we then permit posting to the Site, You will be asked to create a screen name. Login names are private. Screen names are public information. We encourage You NOT to use Your actual or login name as Your screen name. You may not provide false information during the registration process. You must provide truthful and accurate information in creating Your Account.

You may not use a login name that is used by someone else, and neither Your screen name nor Your login name may be vulgar, infringe on the identity or intellectual property rights of a third party, otherwise be offensive, or be used in any way that violates the Terms and Conditions.

You are solely responsible for all activity on Your Account and for the security of Your computer system. You may not reveal Your password to other users. If You forget Your password, You must email us confirming Your Account email and login. We will email You a new password which You can change when You login.

You agree to indemnify and hold Us harmless for any improper or illegal use of Your Account. This includes illegal or improper use by You or someone to whom You have given permission to use Your Account. Your Account is at risk if You let someone use it inappropriately. Your Account and any of our services are subject to immediate termination without prior notice if You or anyone using Your Account violates our Terms and Conditions.

Fees Charged By Third-Party Sites And Vendors

We may provide links to other web sites. Some of these web sites may charge fees. These fees You may incur are Your sole responsibility.

Termination of Account

You may “terminate” or “cancel” Your Account or any service subscription at any time by not using it anymore. You understand and agree that ceasing from further use of Your Account or a particular subscription is Your remedy with respect to any dispute with Us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms and Conditions or our enforcement or application of this Agreement; (2) Content provided by or through Us; and (3) Your ability to access and/or use the Site.

Termination of Account on Notice

You may “terminate” (or “cancel”) Your Account at any time for any reason by going to Your “Account Settings” and choosing the “Close Account” tab option. Your Account will be permanently deleted except for certain archival information as discussed elsewhere in these Terms and Conditions.

USER CONTRIBUTIONS

By “User Contributions,” we mean software, emails, communications, images, photographs, graphics, video recordings, charts, sounds, text, characters, and all other materials and information in every media or format. You warrant that all User Contributions You post are Your property and does not infringe on the intellectual property or proprietary rights of any third party. Do not post materials You do not create Yourself or otherwise own or lawfully license from the owner for this purpose.

As further provided below, vulgar language, crude or explicit sexual references and hate speech of any kind are always inappropriate for posting on our Site. In addition to the right to delete any User Contributions we deem, in our sole discretion, to be inappropriate, false, misleading or otherwise not acceptable to Us, posting such User Contributions may subject You to immediate termination from access to our Site and/or Your Account without prior notice.

Don’t post:

 Pornography
Intellectual property owned by any third party You are not expressly licensed to post 
Harassing remarks, flames, or insults
Personally identifiable information
Personal information You may have obtained about others
Any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law

We may monitor Your communications on our Site, but we have no responsibility to do so. We do not endorse, approve, or prescreen any User Contributions communicated on the Site. To the maximum extent permitted by applicable law, We do not assume and expressly disclaim any responsibility or liability for User Contributions. We reserve the right to remove User Contributions that are objectionable to Us for any reason. This determination is in our sole discretion, and is final. However, We do not assume any liability for removing, any failure to remove, or any delay in removing, any User Contribution.

CONDUCT

You will indemnify Us and hold Us and Our affiliates, members, employees, agents, managers, shareholders, officers, directors, agents, vendors and Content providers (other than You) from any liability or damage whatsoever arising from Your use or misuse of the Site, including any User Contribution that You (or others using Your Account) post in violation of these Terms and Conditions, or if You (or others using Your Account) otherwise violate these Terms and Conditions, including without limitation, doing any of the following:

Anything that interferes with Our systems and software or prevents use of Our system or software by any other user or potential user.
Post, transmit, promote, or distribute personal information about Yourself or any other user.
Post, transmit, promote, or distribute any User Contribution that is illegal, violates the intellectual property or proprietary rights of any third party.
Interfere with, hack into or decipher any transmissions to or from the Site servers and/or use or distribute on our Site(s) “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Harass, threaten, embarrass, or do anything else to another user that is unwanted.
Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable for a publicly available, educational site.
Disrupt the flow of posts from Us or other users with disruptive conduct.
Impersonate another person. Do not attempt to get a password, other account information, or other private information from any other user.
Upload any Content that You do not own or have permission to distribute on our Site.
Post any User Contribution for any purpose other than personal communications about legitimate Site activities. Prohibited posts include, without limitation, advertising, promotional materials, chain letters and pyramid schemes.
Your use of our Site is for Your own personal educational and entertainment purposes only. You may not make any commercial use of our Site.
You are responsible for maintaining the confidentiality of Your password and any membership account information. You agree to immediately notify us of any unauthorized use of Your password or other membership account information and further agree to indemnify and hold Us harmless for any improper or illegal use of your password.

Commercial Activity

You may not advertise any goods or services, collect information, including login names, about users, send unsolicited e-mail to other users, exploit Our Content or other users’ User Contributions or the services offered on the Site for any commercial purpose.

4. Public Nature of Communications; Content; Ownership of Your Content

You understand that all communications with other users via chats, conferences, bulletin boards or similar on the Site are public and not private communications. If You post personal information, it will be seen and may be used by others in a manner neither You nor we can control. We are not responsible for use any third party makes of Your User Contributions.

A. OWNERSHIP OF YOUR CONTENT

You warrant that You are the sole owner of Your User Contributions you post or link to the Site, or are licensed to use Your User Contributions on our Site, whether You create it for someone else or Yourself, provided that, User Contributions derived from Our Content is and will remain Our sole and exclusive property.

USE OF YOUR USER CONTRIBUTIONS. You understand and agree that all User Contributions You email to, link to, post or otherwise communicate to Us or through the Site may in Our sole discretion be publicly used or not used, displayed, performed, reproduced, sold and distributed by Us throughout the world in perpetuity in every media forever. We may modify and create new works and inventions from Your User Contributions. You may be credited with the creation of User Contributions, but to the maximum extent permitted by law you expressly waive any so-called “moral” or “artist’s” right in User Contributions, and We do not have to credit you. To the extent that moral rights are not waived, you expressly permit and assent to all Our use of Your User Content.

All other Content of every kind on the Site is owned by Us, our providers and licensors or other users. We reserve all rights in Content not expressly granted to You under this Agreement.

B. OUR PROPRIETARY RIGHTS; COPYRIGHTS AND TRADEMARKS

Much of the Content available on the Site is owned by Us or our licensors, and is protected by copyright, trademark, and other intellectual property and proprietary rights. Do not copy or download any Content You did not create in its entirety from unless we have expressly authorized You to do so IN WRITING.

As further provided above, You must have the legal right to upload any of Your User Contributions before You do so. We respect the intellectual property rights of others. You may not upload or post on the Site any Content protected by copyright, trademark or other intellectual property rights of third parties (the “Intellectual Property Rights”) unless (i) You are the owner of the Intellectual Property Rights; or (ii) You have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content. We may, without prior notice to You, remove from any Content that We, in its sole business judgment believe may infringe the Intellectual Property Rights of a third party.

If You believe that any Content posted on the Site infringes Your rights, You may submit a written notification to use as provided below.

Our Intellectual Property Rights survive expiration or termination of this Agreement for any reason.

4. LIMITATIONS ON WARRANTY AND LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND CONTENTS IS AT YOUR SOLE RISK.

OUR SITE, SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR LIMITED, NON-EXCLUSIVE, NON-COMMERCIAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TITLE, MERCHANABILITY, NON-INFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE PROVIDE THE SITE AND CONTENT ON A COMMERCIALLY REASONABLE BASIS, AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT (INLCUDING USER CONTRIBUTIONS) POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US IS TO STOP USING THE SITE AND/OR CONTENT, AND TO LET ANY SUBSCRIPTION EXPIRE/NOT USE YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES, MEMBERS, EMPLOYEES, AGENTS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, VENDORS AND CONTENT PROVIDERS (OTHER THAN YOU) ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING FUNCTION, CONDUCT, COMMUNICATIONS OR CONTENT ON/OF THE SITE OR IN THE CONTENT.

IN NO CASE WILL OUR LIABILITY TO YOU, AND/OR THE LIABILITY OF OUR AFFILIATES, MEMBERS, EMPLOYEES, AGENTS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, VENDORS AND CONTENT PROVIDERS, EXCEED THE AMOUNT THAT YOU PAID TO USE THE SITE. IN NO CASE WILL WE AND/OR OUR AFFILIATES, MEMBERS, EMPLOYEES, AGENTS, MANAGERS, HAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, VENDORS AND CONTENT PROVIDER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR CONTENT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR AFFILIATES’, MEMBERS’, EMPLOYEES’, AGENTS’, MANAGERS’, SHAREHOLDERS’, OFFICERS’, DIRECTORS’, AGENTS’, VENDORS’ AND CONTENT PROVIDERS’ LIABILITY WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE REFERENCED ON THE SITE OR CONTENT AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

Notwithstanding the foregoing, some states do not permit certain warranty or liability exclusions, so some warranty and liability exclusions may not apply to You. The rights and obligations of this Section will survive termination of this Agreement.

5. INDEMNIFICATION; EQUITABLE RELIEF

You agree to defend, indemnify and hold harmless Us and Our affiliates, members, employees, agents, managers, shareholders, officers, directors, agents, vendors and Content providers (other than You) from all liabilities, claims and expenses whatsoever, including attorneys’ fees and costs, arising from Your breach or threatened breach of these Terms and Conditions, specifically including any action We take to enforce Our rights under this Agreement.

You further agree that Our intellectual property and proprietary rights are special and unique, and that a breach or threatened breach of Our intellectual property and proprietary rights may not be fully compensated in damages. Therefore, in addition to any other remedy available to Us at law or equity, We will be entitled to injunctive relief to prevent a threatened or continuing breach without further proof of irreparable harm or posting a bond.

Our rights under this Section will survive termination of this Agreement for any reason.

6. OTHER LEGAL TERMS

You agree that these Terms and Conditions are not intended to confer and do not confer any rights or remedies on any person other than the parties to this Agreement. You also understand and agree that these Terms and Conditions and the Privacy Policy, including enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any of Our rights is enforceable unless in a writing signed by Us.

The laws of the State of Vermont, excluding its conflicts-of-law rules, govern this Agreement and Your Account in all respects, and You expressly agree that in the unlikely event of any dispute that cannot be resolved amicably, (I) exclusive jurisdiction for any claim or dispute with Us or relating in any way to Your Account and Your use of the Site and Content resides in the applicable federal and state courts of Vermont; and (ii) You further agree and expressly consent to the exercise of personal and subject matter jurisdiction in the courts of Vermont in connection with any such dispute including any claim involving Us and Our affiliates, members, employees, agents, managers, shareholders, officers, directors, agents, vendors and Content providers; and (iii) You agree You will not contest venue as appropriate in Vermont, provided only that we may choose to enforce any of Your payment or other obligations in any court with subject matter jurisdiction in Your home state or country. To the extent permitted by relevant law, You waive any right to trial by jury.

You agree that Our total liability to You (including the liability of Our affiliates, members, employees, agents, managers, shareholders, officers, directors, agents, vendors and Content providers other than You), whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, and regardless of whether We or Our affiliates, members, employees, agents, managers, shareholders, officers, directors, agents, vendors and Content providers (other than You) knew or should have known of the possibility of such damages, is limited to refund of any amounts You paid Us.

As noted above, Your conduct may be subject to other local, state, national, and international laws.

Domestic Use and Export Restrictions
We control the Site from Our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law, and no User Contributions may be posted on the Site in violation of United States law.

7. NOTICE OF COPYRIGHT INFRINGEMENT

Upon Your notice of alleged copyright infringement, we will proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). To ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c) (3)). If You believe Your copyright rights have been infringed, please put “copyright issue” in the subject line of your email and Contact Us today.

All Terms and Conditions that by their nature survive, whether or not specifically noted, survive expiration or termination of this Agreement for any reason.

Dated: April 2019