|  |  | @ -0,0 +1,212 @@ | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | --- | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | title: OpenPOWER Foundation Web Systems Terms of Use | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | date: 2022-01-16 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | draft: false | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | --- | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Legal Notices ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The OpenPOWER Foundation, hereby also known as the Operators of this Website, provide it as a public service to our users.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Please carefully review the following basic rules that govern your use of the Website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you (the _User_) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from the Website.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | OpenPOWER Foundation reserves the right to update or modify these Terms and Conditions at any time without prior notice to User. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third-party sites. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | contain the entire agreement (the _Agreement_) between you and the OpenPOWER Foundation with respect to the Website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Any rights not expressly granted herein are reserved.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Permitted and Prohibited Uses ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You may use the Website for the sole purpose of sharing and exchanging ideas with other Users. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You may not use the Website to violate any applicable local, state, national, or international law, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | re-export of commodities or technical data.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | to the ordinary operation of the Website.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | fax numbers, email addresses or other contact information that may appear on the Website, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | whether by facsimile, email, or other technological means.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The OpenPOWER Foundation shall deem the compiling of marketing and mailing lists using Users’ personal information, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | for marketing purposes as a material breach of these Terms and Conditions of Use, and reserve the right to terminate or suspend your access | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The OpenPOWER Foundation note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | also may constitute violations of various state and federal anti-spam statutes. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The OpenPOWER Foundation reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | government authorities, and will fully cooperate with any authorities investigating violations of these laws.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## User Submissions ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The OpenPOWER Foundation does not want to receive confidential or proprietary information from you through the Website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Any material, information, or other communication you transmit or post (_Contributions_) to the Website will be considered non-confidential.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | including the OpenPOWER Foundation members and the Website users.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Before making contributions to this site, get written permission from your employer.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## User Discussion Lists and Forums ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The OpenPOWER Foundation Website administrators may, but are not obligated to, monitor or review any areas on the Website | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | and the content of any such communications. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Website administrators, however, will have no liability related to the content of any such communications, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Website administrators may edit or remove content on the Website at their discretion at any time.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Use of Personally Identifiable Information ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Information submitted to the Website is governed according to the OpenPOWER Foundation's current Privacy Policy and the stated license of this website.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You agree to provide true, accurate, current, and complete information when registering with the Website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | terminate your account without notice and to refuse any and all current and future use of the Website.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Although sections of the Website may be viewed simply by visiting the Website, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | in order to access some Content and/or additional features offered at the Website, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | you may need to sign on as a guest or register as a member. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you create an account on the Website, you may be asked to supply your name, address, a User ID and password. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You are responsible for maintaining the confidentiality of the password and account and are fully responsible | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | for all activities that occur in connection with your password or account. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You further agree that you will not permit others, including those whose accounts have been terminated, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | to access the Website using your account or User ID. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You grant the Website administrators and all other persons or entities involved in the operation of the Website | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | the Website and in the provision of services to you. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Operators cannot and do not assume any responsibility or liability for any information you submit, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | or your or third parties' use or misuse of information transmitted or received using website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Indemnification ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | You agree to defend, indemnify and hold harmless the OpenPOWER Foundation, Website administrators and operators, agents, vendors or | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | arising from or related to your use or misuse of the Website, including, without limitation, your violation of | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | of any intellectual property right or other right of any person or entity.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Termination ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | These Terms and Conditions of Use are effective until terminated by either party. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you are dissatisfied with the Website, their content, or any of these terms, conditions, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | and policies, your sole legal remedy is to discontinue using the Website. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Operators reserve the right to terminate or suspend your access to and use of the Website, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | or parts of the Website, without notice, if we believe, in our sole discretion, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | that such use : | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 1. is in violation of any applicable law | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 2. is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 3. where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  |    | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## WARRANTY DISCLAIMER ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN _AS IS_ AND _AS AVAILABLE_ BASIS. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THE OPENPOWER FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | IN NO EVENT SHALL THE OPENPOWER FOUNDATION, WEBSITE ADMINS OR OPERATORS OR ANY OF THEIR AGENTS, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | EVEN IF THE OPENPOWER FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THE OPERATORS'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## General ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Website is hosted in the European Union. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States or European Union. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Access to the Content may not be legal by certain persons or in certain countries. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If you access the Website from outside the United States or the European Union, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | A party may give notice to the other party only in writing at that party’s principal place of business, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Notice shall be deemed given upon personal delivery or facsimile, or, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | economic effect of the unenforceable provision. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | shall not limit the Operators' rights with respect to such breach or any subsequent breaches. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Any action or proceeding arising out of or related to this Agreement or User's use of the Website must be brought in the courts of | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | the United States, and you consent to the exclusive personal jurisdiction and venue of such courts. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | or cause of action arises. These Terms set forth the entire understanding and agreement of the parties and supersedes | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | any and all oral or written agreements or understandings between the parties, as to their subject matter. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Links to Other Materials ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The Website may contain links to sites owned or operated by independent third parties. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | These links are provided for your convenience and reference only. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | We do not control such sites and, therefore, we are not responsible for any content posted on these sites. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | its content or the companies or products referenced therein, and the Operators reserve the right to note | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | you do this entirely at your own risk. | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | Because some sites employ automated search results or otherwise link you to sites containing information | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | that may be deemed inappropriate or offensive, | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.   | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | ## Notification of Possible Copyright Infringement ## | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | 
 | 
			
		
	
		
		
			
				
					
					|  |  |  |  |  |  |  | In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.   |