TERMS AND CONDITIONS OF USE OF VALIDATED.CO WEBSITE
Effective Date: November 15, 2017
Validated provides you with access to and use of the Validated.co website subject to your compliance with these Terms. Except for materials designated for user access, downloading and printing material from the site, no material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
USER AGE AND ACCESS
By submitting information through this Site you represent that you are a United States of America resident over the age of 18.
The site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Validated. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the site for any purpose, subject to the express provisions of these Terms.
RULES AND LIMITS ON USE AND MODIFICATIONS TO THE WEBSITE
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
SPECIFIC PROHIBITED USES
The site may be used only for lawful purposes by individuals using authorized services of Validated. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Validated specifically prohibits any use of the site, and requires all users to agree not to use the site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s or Validator’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. Validated will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
As between you and Validated, (or other entity whose marks appear on the Site), Validated (or the respective entity) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the site, and is the copyright owner or licensee of the Content and/or information on the site, unless otherwise indicated.
Except as otherwise provided herein, use of the site does not grant you a license to any Content, features or materials you may access on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Validated. If you make use of the site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the site.
The information on the site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Validated or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. The Validated logos and service names are trademarks of Validated (the “Validated Marks”). Without Validated’ s prior permission, you agree not to display or use Validated Marks in any manner. Nothing on the site should be construed to grant any license or right to use any Validated Mark without the prior written consent of Validated.
LINKS FROM AND TO THE WEBSITE
You may be able to link to third party websites (“Linked Sites”) from the site. Linked Sites are not, however, reviewed, controlled or examined by Validated in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Validated be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. Validated reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the site. To seek our permission, you may write to Validated. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
To the fullest extent permitted by applicable law you agree to defend, indemnify and hold Validated, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the site, your violation of the Terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. This provision does not apply to acts of Validated.
DISCLAIMER OF WARRANTIES
You understand and agree that:
to the fullest extent permitted by applicable law the site, including, without limitation, all content, function, materials and services is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Validated does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Validated makes no warranty that the site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
Validated does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site. Validated is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of Validated.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law Validated, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Validated or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Validated to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise but excluding grossly negligent, reckless and intentional acts of Validated) arising from the terms or your use of the site exceed, in the aggregate, $100.00.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the site may be subject to other local, state, national, and international laws.
Notices to you may be made via email. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
The Terms constitute the entire agreement between you and Validated and govern your access to and use of the site, superseding any prior agreements between you and Validated. You also may be subject to additional terms and conditions that are applicable to certain parts of the site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Validated and you as a result of these Terms or your use of the site.
Any claim or cause of action you may have with respect to Validated or the site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Validated to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
© Copyright 2017 by Parkt, Inc. dba Validated. All rights reserved.