Effective Date: April 02, 2018
This is a legal agreement between you ("you" or "user") and us and states the material terms and conditions that govern your use of the Website. This agreement, together with all updates, supplements, additional terms, and all of our rules and policies collectively constitute and shall be referred to as the "Agreement" between you and us. By accessing the Website, you agree to be legally bound by this agreement. If you do not agree to the terms of service and conditions of use stated herein, please immediately leave this site.
COPYRIGHT AND OWNERSHIP
WhatMatters.com is owned and operated by the Bennett Group, LLC and its affiliates and vendors. All of the content featured, displayed or offered for sale on the Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (collectively, the "Content"), is owned by us, its licensors, vendors and/or its content providers. All elements of the Website, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, the Content and all related rights shall remain the exclusive property of us and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
SITE ACCESS LICENSE
We grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Website or their Content and not to download (other than page caching or unless otherwise allowed by us or permitted by law) or modify all or any portion of the Website and their Content. This license does not include any re-sale or commercial use of the Website or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or their Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website and/or any portion of the Website or their Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express prior written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WhatMatters.com, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
CORPORATE IDENTIFICATION & TRADEMARKS
All of our trademarks, service marks and trade names used herein are trademarks or registered trademarks of the Bennett Group or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our express prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Website so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
LINKS TO THIRD PARTIES & NO ENDORSEMENT
The Website contain links to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement. We are not responsible for the contents or use of any linked site, or any consequence of making the link. The Website may also include a tool that allows you to sign in or register using information from your account with a third party service (e.g., Facebook, Twitter). These third party services are unrelated to the Website, and your use of such third party services is subject to the terms and policies of those services.
You shall not use WhatMatters.com's name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g., user generated content, postings to forums, comments on content, participation in communities) to WhatMatters.com that they have created for consideration in connection with the Website and any related programs ("User Submissions"). User Submissions remain the intellectual property of the individual user. By posting your content on the Website, you expressly grant WhatMatters.com a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and we shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
By submitting any User Submissions, you consent to the following rules:
User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party. If your User Submission is not your original work, you must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
User Submissions must not violate a third party's right to privacy or publicity. You must obtain all necessary permissions from any individuals identified in or implicated by your User Submission, including those shown in photographic content, and, in the case of minors, also from their parents or legal guardians, as appropriate.
User Submissions should relate to the content on the Website and should be intended to add to the discussion and community on the Website.
User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity through your User Submission. Soliciting other users to join or become members of any commercial online service or other organization is expressly prohibited.
Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
Remember that forums and other areas of the Website are public. Do not post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.
All User Submissions must comply with these rules and any additional guidelines posted on the Website, as applicable. User Submissions do not represent our views as we do not control this content. In no event shall you represent or suggest, directly or indirectly, WhatMatters.com's endorsement of User Submissions. WhatMatters.com does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Website. Through your use of the Website, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Website, you assume all associated risks.
REMOVAL OF USER SUBMISSIONS
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
REPRESENTATIONS AND WARRANTIES
In the event that you have a dispute with one or more other users of the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DISCLAIMER & LIMITATION OF LIABILITY
Your use of and browsing of the Website are at your own risk. Except as otherwise provided above, everything on the website, including any products or services offered for sale, is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We make no warranties or representations regarding the information or content contained on the website, and specifically disclaims any warranty as to the suitability, reliability, timeliness or accuracy of the information or content contained on the website for any purpose. We do not warrant that the functionalities contained in the content will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes such content available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the contents in the website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. To the extent applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Under no circumstances shall we or any of our vendors be liable for any damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information or content obtained from our site that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, unauthorized access to our records, programs, or services, or otherwise. User hereby acknowledges that this disclaimer and limitation of liability shall apply to all content, merchandise, and services available through the website.
In no event shall we or any affiliated entity or individual, licensor or vendor be liable for any indirect, consequential, special, incidental or punitive damages arising out of your access to, or use of, the website or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if we or our authorized representative has been advised of the possibility of such damages. To the extent applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event shall our aggregate liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of the agreement and your use of the website and the content exceed the amount paid by you for any content purchased by you on the website or the amount paid by you, if any, for accessing the website.
You agree to defend, indemnify and hold us and our affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on the Website by you.
If you registered as a member of a Site, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
Neither us nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
This Agreement is the entire agreement between the user and the Website and supersedes any prior understandings or agreements (written or oral).