- Prohibited Uses and Activities. You may not use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To transmit, post, share, distribute, reproduce, or otherwise make available any content that is known by you to be fraudulent, false, or misleading, or any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, may harm us or other users of the Website or expose us or them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other device, process or means, whether automated or manual, to access the Website for any purpose, including collecting, mining, scraping, monitoring or copying any of the material on the Website.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack, a distributed denial-of-service attack or any similar activity.
- Frame or enclose the Website or any content thereof.
- Otherwise attempt to interfere with the proper working of the Website.
- Website Does Not Contain Legal Advice. Nothing on the Website is intended to provide legal advice and/or create an attorney-client relationship between us and you.
- Changes to the Website. We reserve the right to improve, enhance, modify, or discontinue features or functionality of the Website on a periodic basis.
- Security. We will maintain commercially reasonable security measures in providing the Website. We reserve the right to suspend access to the Website in the event of a suspected or actual security breach. However, no security system is foolproof. We are not liable for any damages incurred by you in connection with any unauthorized access resulting from the actions or inactions of you, any Authorized User, or any third-party other than our employees or representatives.
- Third Party Resources. the Website may permit you to link to third-party software, third-party technology and/or provide links to third party websites, content, or resources (“Third Party Resources”). We are not responsible for the contents of any Third Party Resources, or any changes or updates to such Third Party Resources. Usage of Third Party Resources may be subject to the terms and conditions established by the relevant third party. We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any Third Party Resources.
- Intellectual Property. The Website and all of its enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “AdvancedONE Intellectual Property”) are and will remain the property of AdvancedONE. AdvancedONE has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the AdvancedONE Intellectual Property. Nothing in this Agreement will be construed as transferring any aspects of such rights to you with the exception of your limited right to use and access the Website. AdvancedONE shall have the right to register patents, trademarks and copyrights related to the Website with any governmental authority anywhere in the world.
- Except as expressly permitted by these Terms, you shall not, and you agree not to authorize, encourage, or permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the Website; (b) assign, lease, rent, loan, or otherwise transfer the Website; (c) use any analytics, data, content, or other output created by or from the Website on behalf of, or to perform any services for, any third party) or include such analytics, data, content or other output in any services or products provided by you to any third party; (d) reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Website, including without limitation, any such mechanism used to restrict or control the functionality of the Website or its authorized users or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the Website; (e) remove, modify or obscure any proprietary notices within the Website; or (f) provide access to the Website to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law.
- Monitoring. AdvancedONE reserves the right to record, monitor or audit activities occurring through or involving the Website and/or investigate any allegation that any activity occurring through or involving the Website does not conform to these Terms and applicable laws. You shall not unreasonably hinder such monitoring or audit, and shall provide such information related to the Website usage as is reasonably requested by AdvancedONE and necessary to confirm conformance to these Terms.
- Disclaimer Of Warranties. We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Website is at your sole risk. the Website is provided “as is” and “as available”, without any representations or warranties, either express or implied. We disclaim all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
- Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADVANCEDONE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF OURS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE.
- You agree to defend, indemnify and hold harmless AdvancedONE, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, other than as expressly authorized in these Terms. AdvancedONE may, in its sole discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without AdvancedONE’s prior written approval. AdvancedONE reserves the right, at its own expense, to assume exclusive defense and control of any such claim or action.
- Arbitration, Venue and Jurisdiction. These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to otherwise applicable principles of conflicts of law. Any dispute related to these Terms or your use of the Website shall be submitted solely to arbitration before JAMS in its Philadelphia, Pennsylvania office. You and us submit exclusively to such jurisdiction and venue. Judgments may be enforced in any court in the world having jurisdiction over such matters.
- Entire Agreement. These Terms are complete and reflect the entire agreement between us and you with respect to its subject matter, and supersedes all previous written or oral negotiations, commitments and writings. No promises, representations, understandings, warranties and agreements have been made by any of the parties except as expressly referred to herein. No modification or amendment of this Terms shall be valid unless in writing signed by an authorized representative of each of us and you.