PLEASE READ THE TERMS CAREFULLY AS THEY FORM A BINDING CONTRACT BETWEEN YOU AND THE COMPANY; THE TERMS INCLUDE, AMONG OTHER PROVISIONS, IMPORTANT CLAUSES AND CONDITIONS REGARDING LIABILITY, DAMAGES, AND MANDATORY ARBITRATION.
As between the Company and you, the Company owns any and all aspects of the Online Services. Subject to your compliance with the Terms, we hereby grant you a limited, personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the Online Services. Our Online Services may automatically download and install security or other updates without prior notification to you. The Online Services may include components that are provided by a third party (“Third-Party Application”), or that are subject to an open-source license agreement or any other license that is approved by the Open Source Initiative (each individually, or collectively, referred to as “Open Source Component”). Any use of Third-Party Application or Open Source Component by you shall be solely governed by the terms and conditions of the applicable Third-Party Application license or open source license(s) and not by the Terms. When appropriate, the applicable licenses shall be set forth in the “about” file in the Online Services or otherwise made available by us.
2. Access to the Online Services
4. Securities; Forward-Looking Statements
We are not providing investment advice through the Online Services. The material on the Online Services should not be regarded as an offer to sell, or a solicitation of an offer to buy, any of our securities, or the securities of our affiliated companies. If you decide to use any information or material available on the Online Services in assessing whether to buy or sell our securities, please be aware that the information or material on the Online Services may reflect past performance and historical information, and that such performance and information is not necessarily an indication of future performance. FOR THE AVOIDANCE OF DOUBT, WE CAUTION YOU THAT STATEMENTS INCLUDED ON THE ONLINE SERVICES THAT ARE NOT A DESCRIPTION OF HISTORICAL FACTS MAY BE FORWARD-LOOKING STATEMENTS. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date they were made. The inclusion of forward-looking statements should not be regarded as a representation or warranty by us that any of our plans will be achieved. Actual results may differ materially from those set forth on the Online Services due to the risks and uncertainties inherent in our business. For information about the risks and uncertainties that the Company and its affiliates face and a discussion of their financial statements and footnotes, see the periodic public filings, if any, made by such entities with the U.S. Securities and Exchange Commission. All forward-looking statements are qualified in their entirety by this cautionary statement and we undertake no obligation to revise or update the Online Services to reflect events or circumstances after information is posted on the Online Services, even if new information becomes available in the future. You acknowledge and agree that you have read, understood, and agree with our General Disclaimer.
5. Third Party Websites
6. Compliance with Laws
8. Limitation of Liability
THE USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS (“COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE) OR THE RELIANCE ON INFORMATION CONTAINED THEREON, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. TO THE EXTENT THE AFOREMENTIONED LIMITATION OF LIABILITY IS NOT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION RELATING TO THE USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE) OR THE RELIANCE ON INFORMATION CONTAINED THEREON EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
9. Prohibited Uses
11. User Responsibilities, Feedback, and Submissions
You agree not to use the Online Services or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding the Online Services. However, we do not want any ideas, materials, or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using the Online Services or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission, or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission.