Conteneo Inc. Terms of ServiceConteneo Inc. ("Conteno") provides a number of websites, services, and software applications (individually and collectively, "Offerings") for use by companies, government organizations, non-profits, individuals, and other persons (individually and collectively, "Customers"). Our Offerings are designed to enable our Customers to perform a wide range of functions, from conducting customer, market and employee research; improving employee engagement; and providing for entertainment. Some of our Offerings are specifically designed to help specifically designed to allow third-party promotion sponsors (individually and collectively, "Sponsors") to publish promotions through one or more of our Offerings, some of which may be customized for their use. Some promotions may allow entrants ("Entrants") to submit entries for Sponsor promotions.
I. COVERAGE OF THIS POLICY AND AGREEMENT
1. In addition to any other agreements between you and Conteneo Inc, this policy and agreement does two things: (1) it explains the acceptable use policy that governs our Offerings, including the actions that we may, within our sole discretion, deem unacceptable; and (2) it enumerates the terms and conditions under which you agree to use our Offerings. By using the Offerings you consent to the acceptable use practices described in this Policy and to the terms of this Agreement (collectively the "Policy and Agreement").
3. Conteneo Inc. reserves the right to update and change this Policy and Agreement from time to time. Notice will be provided by posting such changes on the Conteneo Inc. and updating the "Date of Last Revision" for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Conteneo Inc. Offerings made after the changes are posted to the Conteneo Inc. Site. While we will also try to notify you of any changes through the email address you provide when you register for our Offerings, you expressly waive any right you may have to individual notice of such changes.
4. Any new features that augment or enhance the current Offerings, including the release of new Offerings, shall be subject to this Policy and Agreement. Continued use of the Offerings after any such changes shall constitute your consent to such changes. You can review the most current version of the Policy and Agreement at any time at www.innovationgames.com.
II. YOUR RESPONSIBILITIES
1. If you are under the age of 14, you must get your parent or legal guardian's permission before using the Offerings. Parents, please note that this is important, because certain versions of some of our Offerings, such as customized versions of Knowsy®, are often used by children. Note that using our Offerings, such as playing a forum, does not necessarily constitute creating an account. Account terms are governed in the next section.
2. You are responsible for any transmission you send or receive through our Offerings, including the content of any communications. Conteneo Inc. does not actively monitor, censor, or directly control any information that is stored on or transmitted over our Offerings or third party sites or websites that may be accessible by hyperlink through our Offerings. Consequently, we do not warrant, verify or guarantee the quality, accuracy, or integrity of the information that you may access. Nor do we accept any responsibility whatsoever for such information. Although we strive to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on our Offerings, you should confirm any facts that are important to your decision. Your access to any such information is at your risk.
3. Conteneo Inc. does not exercise editorial control or review over the content or nature of the use of our Offerings for Promotions by our Customers or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through a Promotion. If at any time Conteneo Inc. chooses, in its sole discretion, to monitor a Promotion, Conteneo Inc. nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for the conduct of any third party entering or conducting a Promotion.
4. Since it is always possible that some users may find the material in the Content objectionable, offensive, inappropriate or harmful, you must take personal responsibility for your or your company's use of the Offerings and use your best judgment in evaluating any information you access through the Offerings. You shall remain solely liable for your use of Conteneo Inc.'s Offerings and any and all content that you access through these Offerings. 5.
You must also exercise best efforts to ensure the security and integrity of your own network; to detect and prevent unauthorized access to your network or the Offerings and to take commercially reasonable steps to safeguard passwords, personal identification numbers, or other access or authentication devices.
6. You agree not to use the Offerings for any purpose that is unlawful or prohibited by this Policy and Agreement. You may not use the Offerings in any way that could damage, overburden, or impair any Conteneo Inc. server or interfere with any third party's right to use the Offerings. You agree that Conteneo Inc. may govern or otherwise provision access to the Offerings to promote efficient user access.
7. Conteneo Inc. intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Policy and Agreement or other terms, conditions, policies, or guidelines contained within Conteneo Inc. Offerings or of any applicable laws, rules, or regulations. By using the Offerings, you release Conteneo Inc. from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials.
8. Conteneo Inc. may take any one or more of the following actions, or other actions not listed, at Conteneo Inc.'s sole discretion in response to violations of this Policy and agreement or any other terms, conditions, policies, or guidelines on the Conteneo Inc. Site or associated with the Service: (i) issue warnings: written or verbal; (ii) suspend or terminate a Promotion and/or your use of the Offerings, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
9. Conteneo Inc. may, from time to time, need to interrupt certain Offerings for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Conteneo Inc. and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions. 10. Because of situations beyond the control of Conteneo Inc., Conteneo Inc. cannot guarantee that the Offerings will be available to you or that all Offerings will function properly. Conteneo Inc. does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or Trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Offerings, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Offerings. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERINGS IS AT YOUR SOLE RISK. THE OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Conteneo Inc. MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS OFFERINGS ARE WHOM THEY PURPORT TO BE OR THAT SPONSORS' PROMOTIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. Conteneo Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY PROMOTIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, Conteneo Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
III. ACCOUNT TERMS
1. If you are under the age of 14, you must get your parent or legal guardian's permission before creating an account in our Offerings. Parents, please note that this is important, because certain versions of some of our Offerings, such as customized versions of Knowsy®, are often used by children.
2. You must be a human. Accounts or Promotions registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name and any other essential information requested (such as a valid email address for Offerings that require one) in order to complete the signup process.
4. For those Conteneo Inc. Offerings accessed via an account identifier and a password, you are responsible for maintaining the security of your account and password. Conteneo Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account, even when Content is posted by others who have accounts managed by your account, or by other programs that use your account with your permission through any of our APIs.
6. You agree that Conteneo may, at Conteneo's sole discretion, list the name of the company, the domain name, the website and/or any logo of the email address associated with your account at Conteneo.co, in newsletters, press releases or other publications designed to promote Conteneo offerings.
IV. API TERMS
Customers may access certain Offerings via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Offerings is bound by the terms of this agreement plus the following specific terms.
1. You expressly understand and agree that Conteneo Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Conteneo Inc. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to our Offerings via the API may result in the temporary or permanent suspension of your account's access to the API. Conteneo Inc, in its sole discretion, will determine abuse or excessive usage of the API. Conteneo Inc. will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Conteneo Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
1. We provide our Offerings to you in a number of ways. Certain Offerings may be accessed through one of a number of defined account levels at a defined term (typically, a monthly or annual term), where each account level comes with a defined set of capabilities. Certain offerings are offered through subscriptions, in which you choose a subscription level and/or term that best meets your needs. We will try to provide information that can help you make the best choices given your needs.
2. Downgrading or failure to renew your Offerings may cause the loss of Content, features, or capacity of your Account. Conteneo Inc. does not accept any liability for such loss. For any upgrade or downgrade in plan level, your credit card or other approved billing mechanism that you provided will automatically be charged the new rate on your next billing cycle. If you move from a higher fee account to a lower fee account we will refund the difference in fees through the end of the billing cycle.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
VI. CERTIFICATIONS AND QUALIFICATIONS
Some of our Offerings grant Certifications based on Qualifications. Qualifications are based on or may include ongoing use of our Offerings (e.g., facilitating an online forum), self-reported feedback or the feedback from others on actions related to a Qualifications (facilitating an in-person Collaboration Framework or teaching a class on the Conteneo Weave®), participation within our community, peer evaluations, and feedback from third parties. Certifications may be based on increasing levels that require increasingly strict Qualifications.
1. Conteneo Inc. will publish the rules and policies governing Certifications and Qualifications in publicly accessible websites. While we don't expect to change them frequently, Conteneo Inc. reserves the right to change the rules and policies of Certifications and Qualifications to better meet the needs of our Customers.
2. A Customer's Certifications and Qualifications are evaluated on monthly schedule. Based on your Qualifications, you may be downgraded, disqualified from the Offering, or offered an upgrade.
3. If your Certifications Level is downgraded, then you lose the benefits of that Certifications Level. You may maintain the benefits of the lower qualifying Certifications Level.
4. Conteneo Inc. may reduce your Certifications Level for non-fraudulent mistakes in reporting of your Qualifications. You are entitled to refund only if the mistakes were made by Conteneo Inc.
5. If you falsify or fraudulently report your Qualifications, then Conteneo Inc. may downgrade your Certifications level or disqualify you from participation.
6. Certifications and Qualifications are not transferrable.
7. In order to build confidence in our Certifications and Qualifications, Conteneo Inc. needs to share summaries of these Qualifications. By agreeing to participate in any Certifications, you expressly and automatically agree that certain aspects of our profile and your behavior will be made publicly available. For example, we may list the forums you've facilitated, along with summary statistics about when these forums were facilitated, where they were facilitated, how long they lasted, and so forth. The content of these forums will remain subject to the visibility controls of the forums.
8. We encourage you to promote your Certifications and Qualifications. We'll try to help you in this process by providing you with various tools. By agreeing to participate in any Certifications, you expressly and automatically agree that Conteneo Inc. may promote your Certifications and Qualifications in any manner of our choosing. For example, we might issue a press release, send you a gift, or even throw a party in your honor for attaining certain Certifications and Qualifications.
9. We may offer discounts or fee credits related to Certifications. Outstanding Certification discounts or credits are automatically applied whenever your Certification account has a balance due.
Some of our Offerings allow our customers to earn special Recognitions for their participation, skills, or knowledge. These Recognitions include, but are not necessarily limited to, badges, ranks and levels.
1. Conteneo Inc. will publish the rules and policies governing Recognitions. While we don't expect to change them frequently, Conteneo Inc. reserves the right to change the rules and policies of Regulations to better meet the needs of our Customers.
2. Conteneo Inc. reserves the right to remove or adjust Recognitions for any reason.
3. Recognitions are not transferrable between customers.
4. Conteneo Inc. owns the rights to the Recognitions and all of their associated artifacts (name, images, etc.) and controls the use of Recognition within our Offerings.
5. Customers may reference their Recognitions through a citation or hyperlink in order to promote themselves.
6. In order to build confidence in our Recognitions, Conteneo Inc. needs to share them. By agreeing to participate in any Recognitions, you expressly and automatically agree that certain aspects of our profile and your behavior will be made publicly available.
7. We encourage you to promote your Recognitions. We'll try to help you in this process by providing you with various tools. By agreeing to participate in any Recognitions, you expressly and automatically agree that Conteneo Inc. may promote your Recognitions in any manner of our choosing.
VIII. MOBILE APPLICATIONS
1. Certain Offerings may be provided as mobile applications that integrate with our online services. These applications fall under all of the terms and conditions within this document as well as any additional terms and conditions that may be imposed by the mobile application platform. Mobile applications associated with an online service require you to be current with and comply with all account provisions of this agreement.
2. Mobile applications may require additional fees associated with the customization and preparation of the mobile application for distribution and related services. These services are not work-for-hire, and all intellectual property arising from services associated with preparing a version of any Conteneo Inc. mobile application Offering will be owned by Conteneo Inc.
1. Our refund policy for monthly accounts is based on your billing cycle.
2. Our refund policy for annual accounts is based on the time from when you paid your annual license. We will provide a partial refund for an annual account up to 60 days after the account has been created. After this period of time, there is no refund for an annual account.
3. There is no refund for any forums participated in through pay-as-you-go or transactional accounts.
4. There is no refund for any mobile application customization and/or preparation fees.
5. There is no refund for downgrading Offering Levels or disqualification from Offerings for fraudulently misrepresenting your Qualifications.
You may have been provided with an optional coupon code when creating your account. If this coupon code is valid, it will be applied once and only once during the lifetime account of your account during the signup process.
XI. CANCELLATION AND TERMINATION
1. You are solely responsible for properly canceling your accounts associated with our Offerings.
2. Upon cancelling your account, you may find that all of your Content has been deleted from the Offerings. This information cannot be recovered once your account is cancelled and the content is deleted.
3. If you cancel the Offerings before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Any active Promotions shall be immediately terminated on account cancellation. Sponsors are solely responsible for the termination of their Promotions.
XII. MODIFICATIONS TO THE OFFERINGS AND PRICE CHANGES
1. In order for Conteneo Inc. to maintain, modify, and enhance our Offerings, we reserve the right to modify or discontinue, temporarily or permanently, the Offerings (or any part thereof) with or without notice. Of course, we realize that discontinuing access to our Offerings without warning is likely to upset you, so we'll try to keep you informed of changes to the availability of our Offerings.
2. Prices of Offerings are subject to change. Notice of changes in our pricing may be provided at any time by posting the changes to the Offerings and their prices to the Site. At our discretion, you may be notified via email, or other means, of these changes.
3. Conteneo Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Offerings.
XIII. COPYRIGHT AND CONTENT OWNERSHIP
1. You and other users of our Offerings may choose to post or upload materials including, without limitation, photographs and other images, text (such as chats), graphics, videos, visuals, sounds (such as audio content or discussions), data, files, links and other materials (collectively, "Submissions" ). Submissions are created in the context of the use of our Offerings and subject to the account relationships you have or with the use of our Offerings in forums or promotions.
2. When you are a participant (either as a forum host or forum producer, a forum facilitator, a forum participant, or any other role that may exist) in any offering with "public" visibility controls, such as a public forum, you agree to allow others, including any person or entity accessing the Offerings, to view and act on the results of this use subject to the capabilities of the Offerings. For example, another person may use the results of your public forums as the foundation for their own private forums, and search engines that spider websites should be able to index the results of the public use.
3. When you are the forum host or forum producer in any offering with "private" visibility controls, you control the results of the forum, and all of its Submissions are visible to you and others you designate subject to the capabilities of the Offerings and any further controls that may be imposed in your account from the organization that is sponsoring your account. For example, your employer may provide you with an account to use forums with customers where Submissions can be shared with other employees within your company but not with others outside your company.
4. When you are a forum participant or other forum participant in any Offering (such as forum) sponsored by another entity with "private" visibility controls, you agree that the entity Sponsoring the Offering the offering has complete control over your Submissions. For example, you might be invited and/or paid to participate in a forum designed to prioritize the features of a product. In this case you should expect that your Submissions from this forum are under the control of the Sponsoring entity.
5. We claim no intellectual property rights over Submissions from you, your participants, or your Entrants when such Submissions were made in the context of a private visibility. The Submissions you make in the context of forums of Offerings in private visibility are owned by the entity sponsoring that Offering.
6. When Submissions are made in the context of public visibility, you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions.
7. The Offerings may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Conteneo Inc. owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Conteneo Inc. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Conteneo Inc, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
8. We may, from time to time, use our Offerings for marketing, sales, product development, or other business purposes for Conteneo Inc. We encourage you to participate in these activities. Because were engaging in activities for Conteneo Inc. purposes, we claim all intellectual property rights in Submissions associated with these uses of our Offerings.
9. Conteneo Inc. does not pre-screen Content, but Conteneo Inc. does have the right, but not the obligation, in our sole discretion, to refuse or remove any Content that is available via the Offerings.
10. While we do not actively monitor, censor, or directly control the information that is stored on or transmitted over our Offerings, we will do our best to manage our site. If you have reason to believe that any content within our Offerings violate the rights of another party, please let us know at email@example.com, and we'll investigate the matter.
12. You may not use any trademark or Offerings mark appearing through our Offerings without the prior written consent of the owner of the mark. "Conteneo Weave®", The Conteneo Inc. Company logo, and the slogans "Innovation through Understanding®", "Knowsy®", Knowsy Knows®, Ideas Into ActionSM and CollaboratizeSM are trademarks (or service marks, as applicable) of Conteneo Inc. If you use them, use them properly.
XII. PERSONAL INFORMATION
1. Companies using various Offerings may ask you for certain personal information (name, address, gender, date of birth, etc.) for such purposes as confirming your identity to use a forum or otherwise participate in an offering, to comply with the rules of a Promotion, or for other purposes. Providing this information is strictly optional. However, if you choose not to enter the requested information, you may not be allowed to participate in the forum, Promotion, or other offering. Please see each Sponsor's Promotion rules for entry requirements and other important details.
2. You acknowledge and agree that Conteneo Inc. may use any information you provide through and/or using any of our Offerings for our own business purposes, which include, but are not limited to, such things as: analyzing the performance of our systems; performing aggregated analysis of the performance of Promotions; creating secondary research data that may to communicate with you (including without limitation by email) about your use, misuse, and/or purchase of our Offerings; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you e-mails about Conteneo Inc. products or services, including for example, about other forums or Promotions; and as otherwise permitted in Conteneo's Terms of Service and online policies.
4. Each Sponsor running a Promotion using our Offerings is responsible for providing its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws, rules, and regulations. A copy of, or a link to, the rules and terms and conditions for each Promotion is provided in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that Conteneo Inc. shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Promotion.
5. Certain of our Offerings may obtain various hardware and device characteristics of your computer and/or mobile device that uses our Offerings, including, but not limited to, any unique identifiers of your device, your IP address, your geographic location, and related information. Conteneo Inc. will use these data for our own business purposes, which include, but are not limited to, such things as: analyzing the performance of our systems; performing aggregated analysis of the performance of Promotions and potentially offering these to third parties; to communicate with you (including without limitation by email) about your use, misuse, and/or purchase of our Offerings; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you e-mails about Conteneo Inc. products or services, including for example, about other forums or Promotions; and as otherwise permitted in Conteneo's Terms of Service and online policies.
XIII. SPAM Certain of our Offerings use email to help you manage the planning, playing, and post-processing of forums. Certain of our Offerings may also allow you to send emails to people through our platform for other purposes. For example, you might use our Offerings to send emails announcing a new Promotion or to announce that a new forum is available. You are responsible for ensuring that the emails you send are not considered spam by the recipients. If Conteneo Inc. determines that your level of spam complaints is higher than acceptable, Conteneo Inc, at its sole discretion, has the right to adjust your account capabilities or terminate your use of our Offerings.
XIV. GENERAL CONDITIONS
1.Your use of the Offerings is at your sole risk. The Offerings are provided on an "as is" and "as available" basis.
2. Technical support is provided via email. You may purchase additional support by contacting Conteneo Inc. at firstname.lastname@example.org.
3. You understand that Conteneo Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Offerings. We think we've chosen some good ones, but no one is perfect, and if you have trouble accessing the site, let us know.
4. You must not modify, adapt or hack the Offerings or modify another website so as to falsely imply that it is associated with the Offerings, Conteneo Inc, or any other Conteneo Inc. Offerings.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Offerings, use of the Offerings, or access to the Offerings without the express written permission by Conteneo Inc.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Offerings.
7. You understand that the technical processing and transmission of the Offerings, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. If your use of our Offerings exceeds reasonable bandwidth or processing thresholds, we reserve the right to take action so that everyone using the Offerings can enjoy them.
10. Conteneo Inc. does not warrant that (i) the Offerings will meet your specific requirements, (ii) the Offerings will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Offerings will be accurate or reliable, (iv) the quality of any products, Offerings, information, or other material purchased or obtained by you through the Offerings will meet your expectations, and (v) any errors in the Offerings will be corrected.
11. You expressly understand and agree that Conteneo Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Conteneo Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Offerings; (ii) the cost of procurement of substitute goods and Offerings resulting from any goods, data, information or Offerings purchased or obtained or messages received or transactions entered into through or from the Offerings; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Offerings; (v) or any other matter relating to the Offerings.
12. The failure of Conteneo Inc. to exercise or enforce any right or provision of the Terms of Offerings shall not constitute a waiver of such right or provision. The Terms of Offerings constitutes the entire agreement between you and Conteneo Inc. and govern your use of the Offerings, superceding any prior agreements between you and Conteneo Inc. (including, but not limited to, any prior versions of the Terms of Offerings).
13. Questions about the Terms of Offerings should be sent to support email@example.com.
XVI. HARASSMENT POLICY
Conteneo Inc. seeks to build a vibrant, safe, and healthy community through its Offerings. Verbal abuse, threats of physical harm, profanity, and bullying directed at specific members of our community will not be tolerated. If you feel like you've been harassed, please contact us at firstname.lastname@example.org.
XVI. DISCLAIMER OF WARRANTIES AND LIABILITY
IF YOU ACCESS THE OFFERINGS OR RELY ON ANY MATERIAL AVAILABLE THROUGH THE OFFERINGS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE OFFERINGS. THE OFFERINGS ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Conteneo Inc, ITS AGENTS, AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, WEBSITE, OR PRODUCTS AVAILABLE THROUGH THE OFFERINGS. NOR DOES IT GUARANTEE THAT THE OFFERINGS WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL Conteneo Inc, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE OFFERINGS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF Conteneo Inc, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE OFFERINGS WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Conteneo Inc, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
XVII. GOVERNING LAW
This Policy and Agreement shall be governed by and construed under the laws of California. Exclusive jurisdiction over and venue of any suit relating to this Policy and Agreement shall be in the state and federal courts of California.
You agree to indemnify, defend and hold harmless Conteneo Inc. and any third party information providers for the Website from and against all liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party; (3) any violation of applicable law or regulation; (4) information or Content that you submit, post, transmit or make available through the Website, or (5) your use of the Website.
If any provision of this Use Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
XX. QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to email@example.com.
Last Revision: Mar 21, 2013