Terms and Conditions of Use
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Last Updated: February 9, 2023
3. SITE OWNERSHIP AND INTELLECTUAL PROPERTY
The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and the Content are the property of us and/or the applicable third-party licensors, and all right, title, and interest in and to the Site and the Content will remain with us or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the Site or in the Content are trademarks of their respective owners.
We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Where applicable, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Site or the information and Content contained therein if we determine in our sole and absolute discretion that you are involved in infringing activity,
regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
If you provide us with comments, bug reports, feedback, or modifications proposed by you to us, about the Site or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback.
By providing Feedback, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Feedback on the Site and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You represent and warrant that (a) such Feedback are not confidential; (b) you own and control all of the rights, title and interest in and to the Feedback or you otherwise have all necessary rights to post and use such Feedback and to grant the rights to us that you grant in this Agreement; (c) the Feedback are accurate and not misleading or harmful in any manner; and (d) the Feedback, and your use and posting thereof, do not and will not violate this Agreement or any applicable law, rule or regulation.
5. PROHIBITED USES
- Use the Site in any way that violates federal, state, local, or international law or regulation;
- Use the Site to transmit or send unsolicited commercial communications;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Post any infringing, obscene, indecent, or unlawful material or information;
- Gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);
- Access the Site through any robot, spider, or other automated means;
- “Screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site;
- Conduct any systematic or automated data collection activities (including without limitation scraping,data mining, data extraction and data harvesting) on or in relation to the Site without our expresswritten consent;
- Engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionatelylarge load on the Site (or the servers, networks, and databases associated with the Site);
- Introduce to the Site (or the servers, networks, and databases associated with the Site) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which ismalicious or technologically harmful;
- Use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consistsof (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other maliciouscomputer software;
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works fromthe Site or any Content;
- Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell anyContent or other aspect of the Site for any commercial purpose (except for Content specifically andexpressly made available for redistribution) without our prior written consent;
- Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change anytrademarks, copyrights, warranties, disclaimers, or other proprietary notations;
- Impersonate us, our employees, another user, or any other person or entity (including, withoutlimitation, by using e-mail addresses associated with any of the foregoing); and
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images.
6. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED
The information presented on or through the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.
We use reasonable efforts to update the information on the Site, and the Contents are subject to change without notice. However, we do not make any commitment to update the Site or the Content. The Content and the Site may include technical, typographical, or photographic errors.
We do not warrant the accuracy, completeness, or usefulness of the Site or the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.
7. SECURITY MEASURES
Parthenon will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Site, such as information you upload or enter when using the Site. You shall protect the confidentiality and security of your credentials, and you shall not allow any person to have access to or to use your credentials.
Parthenon is entitled (but not required) to apply security measures to protect the Site and the Content, and Parthenon may block users (or IP addresses) identified or suspected as being used to access the Site (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Site.
You shall immediately notify Parthenon of any activity on the Site suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Site.
You shall immediately notify Parthenon of any security breach involving the Site of which you become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to you becomes available to unauthorized persons through the Site.
8. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the Site’s homepage, provided you do so in a way that is fair and legal; but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features or any links at any time without notice in our discretion.
9. LINKS FROM THE SITE; THIRD-PARTIES
This Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. NO WARRANTIES
(a) THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE CONTENT. YOUR USE OF THE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.
(b) WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS: (I) AS TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SYSTEM INTEGRATION, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), AND (II) WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT OR THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
(c) WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER
DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
(d) TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SER VICE A TT ACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DA TA, 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 POSTED ON IT, OR ON ANY SITE LINKED TO IT.
(e) THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION OF LIABILITY
(a) EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (E) ERRORS, INACCURACIES, OMISSION, OTHER DEFECTS IN, UNTIMELINESS, OR UNAUTHENTICITY OF INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE SITE; OR (F) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
(b) MAXIMUM AGGREGATE LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $50.
(c) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. INTERNATIONAL USERS
The availability of products and services described on this Site, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. We make no representation that the Site is appropriate or available for use in all locations or by all users and, whenever possible, has prohibited use of certain features and/or by anyone located outside the U.S. The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country.
13. GOVERNING LAW AND VENUE
14. WAIVER AND SEVERABILITY
17. ENTIRE AGREEMENT
You may terminate this Agreement at any time by discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.
19. CONTACT INFORMATION
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to firstname.lastname@example.org.
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