You and the Company may be known individually herein as a “Party;” together, as the “Parties.”
- Website is Provided “As-Is.” The Website is provided “as-is” with all faults without any warranty or warranties, express or implied, as to merchantability, fitness for a particular purpose, or is otherwise under any under warranty. The Company makes no representations or warranties as to maintenance of the Website. THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES BOTH EXPRESS AND IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE HEREBY DISCLAIMED. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THAT THE WEBSITE IS PROVIDED “AS-IS” AND THAT YOU UNDERSTAND THE NATURE AND EXTENT OF THIS DISCLAIMER OF WARRANTIES. The Website is provided without warranty as to availability; the Company does not represent or warrant that the Website will be continuously available, free from down time (including maintenance time), or otherwise. Maintenance or down time may occur without notice to you. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. No agent of the Company is authorized to alter or expand the warranties of the Company as set forth and as expressly limited herein.
4. Permissive Use of the Software. We grant you permission to use the Website subject to the terms and conditions set forth herein. The Parties mutually represent and warrant their understanding that:
- You Have No Right to Alter, Amend, or Reverse-Engineer Website Code. All software code related to the Website is proprietary to the Company. There is no permitted Use of the Website that includes altering, amending, reverse-engineering, or otherwise modifying, copying, deleting, removing, using or re-using any Website source code. Any such use of Website code is nonconforming Use hereunder, and is Default and grounds for Termination, as further defined below. The Parties mutually agree that, Website code being essential to the Company’s core business, and that breach of this provision may cause irreparable harm to the Company of a sort not reasonable compensable by money alone, in the event that the Company determines in its sole discretion that you are in breach of this provision, we may seek whatever injunctive relief, including preliminary injunctive relief by means of a temporary restraining order or otherwise, as may be reasonable necessary to prevent you from disclosing or otherwise using Website code for any reason, entry for which injunctive relief you shall not oppose.
- User Indemnifies Company for Noncoforming Use. To the fullest extent permissible under any applicable law, including the GDPR and related privacy laws, the user indemnifies, releases, and agrees to defend at its own expense the Company for any liability, whether arising from civil suit, regulatory action, or otherwise, from any Use of the Website by that user, including nonconforming Use of Website platform features, whether or not arising from Content or for any other reason related to your Use.
- Any Nonconforming Use is Default Hereunder. Any Use that the Company deems nonconforming with the terms of these Terms of Service, in its sole and unlimited discretion, which discretion need not be exercised reasonably, is Default hereunder and grounds for Termination, as further defined below.