Terms of Use
AGREEMENT BETWEEN YOU AND ALWAYSON
The AlwaysOn web site (the “AlwaysOn Site”) is operated by Always On, LLC (“AlwaysOn”). Your use of the AlwaysOn Site and any of the AlwaysOn Services (as defined below) at any time is subject to AlwaysOn’s then-current Terms of Use (“Terms”), which may be updated from time to time as set forth below. You can review the then-current Terms at any time at: (N/A). In addition, your use of particular services offered on the AlwaysOn Site (“AlwaysOn Services”) may be subject to specific guidelines or rules, including the “Ten Commandments” (“Rules”), posted from time to time. Your use of the AlwaysOn Site and/or the AlwaysOn Services (collectively, “AlwaysOn Site/Services”) constitutes full acceptance of and agreement to the Terms and applicable Rules; if you do not accept the Terms and Rules, you are not granted rights to use the AlwaysOn Site or any AlwaysOn Services and should refrain from accessing the AlwaysOn Site/Services. In the event of any material change to the Terms, we will use reasonable efforts to email notice of the change to Members (as defined below) in advance. If we change any Rules, we will post the changed version on the location where those Rules normally appear. AlwaysOn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the AlwaysOn Site or any AlwaysOn Services (or any part thereof) without notice. AlwaysOn shall not be liable to you or any third party for any such modification, suspension or discontinuance.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Policy for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular AlwaysOn Service requires you to open an account, or if you elect to become a registered member of AlwaysOn (“Member”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AlwaysOn immediately of any unauthorized use of your account or any other breach of security. AlwaysOn will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
LINKS TO THIRD PARTY SITES
The AlwaysOn Site may contain images of and links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of AlwaysOn and AlwaysOn is not responsible for the contents of any Linked Site. AlwaysOn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AlwaysOn of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the AlwaysOn Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AlwaysOn shall not be responsible or liable for any part of any such dealings or promotions.
USE OF ALWAYSON SITE/SERVICES
As a condition of your use of the AlwaysOn Site/Services, you will not use the AlwaysOn Site/Services for any purpose that is unlawful or prohibited by these Terms or Rules. By way of example, and not as a limitation, you agree that when using a AlwaysOn Site/Services, you will not:
- Use the AlwaysOn Site/Services in any manner that could damage, disable, overburden, or impair any AlwaysOn Site/Services or interfere with any other party’s use and enjoyment of any AlwaysOn Site/Services.
- Attempt to gain unauthorized access to any AlwaysOn Site/Service, other accounts, computer systems or networks connected to any AlwaysOn Site/Service, through hacking, password mining or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the AlwaysOn Site/Services.
- Use the AlwaysOn Site/Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the AlwaysOn Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Create a false identity for the purpose of misleading others. AlwaysOn has no obligation to monitor the AlwaysOn Site. However, AlwaysOn reserves the right to review materials posted to the AlwaysOn Site and to remove any materials in its sole discretion. AlwaysOn reserves the right at all times to disclose any information as AlwaysOn deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AlwaysOn’s sole discretion.
CONTENT PROVIDED BY THIRD PARTIES
AlwaysOn does not control or endorse the content, messages or information posted to the AlwaysOn Site or transmitted via any AlwaysOn Services (“Content”) and does not guarantee the accuracy, integrity, or quality of such Content. AlwaysOn specifically disclaims any liability with regard to the Content, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of Content. Views expressed on the AlwaysOn Site do not necessarily reflect those of AlwaysOn. Contributors to the AlwaysOn Site may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. AlwaysOn does not guarantee the veracity, objectivity, reliability or completeness of any information provided on the AlwaysOn Site or on any Linked Site.By using AlwaysOn Site/Service, you may be exposed to Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.Content on the AlwaysOn Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Content.
NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any use of the AlwaysOn Services or access to the AlwaysOn Site/Services.
MATERIALS PROVIDED TO ALWAYSON OR POSTED AT THE ALWAYSON SITE
AlwaysOn does not claim ownership of the materials you provide to AlwaysOn or post, upload, input or submit to any AlwaysOn Service for review by the general public, or by the members of any public or private community (“Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AlwaysOn and necessary sublicensees permission to use your Submission in connection with the operation of the AlwaysOn Site/Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. AlwaysOn is under no obligation to post or use any Submission you may provide and AlwaysOn may remove any Submission at any time in its sole discretion. By providing a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
PRACTICES REGARDING USE AND STORAGE
AlwaysOn may establish practices and limits concerning use of the AlwaysOn Site/Services. While AlwaysOn will use reasonable efforts to back up AlwaysOn Site/Services data and make such data available in the event of loss or deletion, AlwaysOn has no responsibility or liability for the deletion or failure to store any messages, other communications, Submissions or other Content maintained on the AlwaysOn Site or transmitted by any AlwaysOn Service. AlwaysOn reserves the right to archive any Content or to mark as “inactive” and archive accounts that are inactive for an extended period of time.
LIABILITY DISCLAIMER
You agree to indemnify, defend and hold harmless each of AlwaysOn and its affiliates and their respective officers, employees and agents, and any of AlwaysOn’s website partners, from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the AlwaysOn Site/Services; your Submissions, your transmission of information via the AlwaysOn Site/Services; or your violation of these Terms or any Rules.
YOUR USE OF THE ALWAYSON SITE/SERVICES IS AT YOUR SOLE RISK. THE ALWAYSON SITE/SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALWAYSON ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE USE OF THE ALWAYSON SITE/SERVICES. ALWAYSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, ALWAYSON MAKES NO WARRANTY THAT (i) THE ALWAYSON SITE/SERVICES WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU OBTAIN WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE ALWAYSON SITE/SERVICES WILL BE CORRECTED.WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE ALWAYSON SITE/SERVICES. OPERATION OF THE ALWAYSON SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE ALWAYSON SITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY ALWAYSON.YOU SPECIFICALLY AGREE THAT ALWAYSON SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN ALWAYSON SITE/SERVICE. YOU SPECIFICALLY AGREE THAT ALWAYSON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ALWAYSON IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ALWAYSON SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL ALWAYSON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ALWAYSON SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE ALWAYSON SITE/SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE ALWAYSON SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ALWAYSON SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALWAYSON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALWAYSON SITE/SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALWAYSON SITE/SERVICES.
TERMINATION/ACCESS RESTRICTION
AlwaysOn reserves the right, in its sole discretion, to terminate your account and/or access to the AlwaysOn Site or any or all AlwaysOn Services or any portion thereof at any time, without notice. AlwaysOn will not be liable to you or any third party for termination of your account or access to the AlwaysOn Site/Services.
GENERAL
These Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the AlwaysOn Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AlwaysOn as a result of these Terms or use of the AlwaysOn Site/Services. AlwaysOn’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of AlwaysOn’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AlwaysOn Site/Services or information provided to or gathered by AlwaysOn with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms and the Rules constitute the entire agreement between you and AlwaysOn with respect to the AlwaysOn Site/Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AlwaysOn with respect to the AlwaysOn Site/Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AlwaysOn’s Designated Agent: Copyright Statement.
AGREEMENT BETWEEN YOU AND ALWAYSON
The AlwaysOn web site (the “AlwaysOn Site”) is operated by Always On, LLC (“AlwaysOn”). Your use of the AlwaysOn Site and any of the AlwaysOn Services (as defined below) at any time is subject to AlwaysOn’s then-current Terms of Use (“Terms”), which may be updated from time to time as set forth below. You can review the then-current Terms at any time at: (N/A). In addition, your use of particular services offered on the AlwaysOn Site (“AlwaysOn Services”) may be subject to specific guidelines or rules, including the “Ten Commandments” (“Rules”), posted from time to time. Your use of the AlwaysOn Site and/or the AlwaysOn Services (collectively, “AlwaysOn Site/Services”) constitutes full acceptance of and agreement to the Terms and applicable Rules; if you do not accept the Terms and Rules, you are not granted rights to use the AlwaysOn Site or any AlwaysOn Services and should refrain from accessing the AlwaysOn Site/Services. In the event of any material change to the Terms, we will use reasonable efforts to email notice of the change to Members (as defined below) in advance. If we change any Rules, we will post the changed version on the location where those Rules normally appear. AlwaysOn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the AlwaysOn Site or any AlwaysOn Services (or any part thereof) without notice. AlwaysOn shall not be liable to you or any third party for any such modification, suspension or discontinuance.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Policy for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular AlwaysOn Service requires you to open an account, or if you elect to become a registered member of AlwaysOn (“Member”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AlwaysOn immediately of any unauthorized use of your account or any other breach of security. AlwaysOn will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
LINKS TO THIRD PARTY SITES
The AlwaysOn Site may contain images of and links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of AlwaysOn and AlwaysOn is not responsible for the contents of any Linked Site. AlwaysOn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AlwaysOn of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the AlwaysOn Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AlwaysOn shall not be responsible or liable for any part of any such dealings or promotions.
USE OF ALWAYSON SITE/SERVICES
As a condition of your use of the AlwaysOn Site/Services, you will not use the AlwaysOn Site/Services for any purpose that is unlawful or prohibited by these Terms or Rules. By way of example, and not as a limitation, you agree that when using a AlwaysOn Site/Services, you will not:
- Use the AlwaysOn Site/Services in any manner that could damage, disable, overburden, or impair any AlwaysOn Site/Services or interfere with any other party’s use and enjoyment of any AlwaysOn Site/Services.
- Attempt to gain unauthorized access to any AlwaysOn Site/Service, other accounts, computer systems or networks connected to any AlwaysOn Site/Service, through hacking, password mining or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the AlwaysOn Site/Services.
- Use the AlwaysOn Site/Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the AlwaysOn Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Create a false identity for the purpose of misleading others. AlwaysOn has no obligation to monitor the AlwaysOn Site. However, AlwaysOn reserves the right to review materials posted to the AlwaysOn Site and to remove any materials in its sole discretion. AlwaysOn reserves the right at all times to disclose any information as AlwaysOn deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AlwaysOn’s sole discretion.
CONTENT PROVIDED BY THIRD PARTIES
AlwaysOn does not control or endorse the content, messages or information posted to the AlwaysOn Site or transmitted via any AlwaysOn Services (“Content”) and does not guarantee the accuracy, integrity, or quality of such Content. AlwaysOn specifically disclaims any liability with regard to the Content, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of Content. Views expressed on the AlwaysOn Site do not necessarily reflect those of AlwaysOn. Contributors to the AlwaysOn Site may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. AlwaysOn does not guarantee the veracity, objectivity, reliability or completeness of any information provided on the AlwaysOn Site or on any Linked Site.By using AlwaysOn Site/Service, you may be exposed to Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.Content on the AlwaysOn Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Content.
NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any use of the AlwaysOn Services or access to the AlwaysOn Site/Services.
MATERIALS PROVIDED TO ALWAYSON OR POSTED AT THE ALWAYSON SITE
AlwaysOn does not claim ownership of the materials you provide to AlwaysOn or post, upload, input or submit to any AlwaysOn Service for review by the general public, or by the members of any public or private community (“Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AlwaysOn and necessary sublicensees permission to use your Submission in connection with the operation of the AlwaysOn Site/Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. AlwaysOn is under no obligation to post or use any Submission you may provide and AlwaysOn may remove any Submission at any time in its sole discretion. By providing a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
PRACTICES REGARDING USE AND STORAGE
AlwaysOn may establish practices and limits concerning use of the AlwaysOn Site/Services. While AlwaysOn will use reasonable efforts to back up AlwaysOn Site/Services data and make such data available in the event of loss or deletion, AlwaysOn has no responsibility or liability for the deletion or failure to store any messages, other communications, Submissions or other Content maintained on the AlwaysOn Site or transmitted by any AlwaysOn Service. AlwaysOn reserves the right to archive any Content or to mark as “inactive” and archive accounts that are inactive for an extended period of time.
LIABILITY DISCLAIMER
You agree to indemnify, defend and hold harmless each of AlwaysOn and its affiliates and their respective officers, employees and agents, and any of AlwaysOn’s website partners, from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the AlwaysOn Site/Services; your Submissions, your transmission of information via the AlwaysOn Site/Services; or your violation of these Terms or any Rules.
YOUR USE OF THE ALWAYSON SITE/SERVICES IS AT YOUR SOLE RISK. THE ALWAYSON SITE/SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALWAYSON ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE USE OF THE ALWAYSON SITE/SERVICES. ALWAYSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, ALWAYSON MAKES NO WARRANTY THAT (i) THE ALWAYSON SITE/SERVICES WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU OBTAIN WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE ALWAYSON SITE/SERVICES WILL BE CORRECTED.WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE ALWAYSON SITE/SERVICES. OPERATION OF THE ALWAYSON SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE ALWAYSON SITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY ALWAYSON.YOU SPECIFICALLY AGREE THAT ALWAYSON SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN ALWAYSON SITE/SERVICE. YOU SPECIFICALLY AGREE THAT ALWAYSON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ALWAYSON IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ALWAYSON SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL ALWAYSON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ALWAYSON SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE ALWAYSON SITE/SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE ALWAYSON SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ALWAYSON SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALWAYSON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALWAYSON SITE/SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALWAYSON SITE/SERVICES.
TERMINATION/ACCESS RESTRICTION
AlwaysOn reserves the right, in its sole discretion, to terminate your account and/or access to the AlwaysOn Site or any or all AlwaysOn Services or any portion thereof at any time, without notice. AlwaysOn will not be liable to you or any third party for termination of your account or access to the AlwaysOn Site/Services.
GENERAL
These Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the AlwaysOn Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AlwaysOn as a result of these Terms or use of the AlwaysOn Site/Services. AlwaysOn’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of AlwaysOn’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AlwaysOn Site/Services or information provided to or gathered by AlwaysOn with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms and the Rules constitute the entire agreement between you and AlwaysOn with respect to the AlwaysOn Site/Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AlwaysOn with respect to the AlwaysOn Site/Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AlwaysOn’s Designated Agent: Copyright Statement.
