These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Website. You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions. By accessing, browsing or using the Website following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Website for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations. Any use of the Website in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Website to review these Terms and Conditions.
1. Website Content. The Website and all material on the Website or contained therein, all text, graphics, and other works on the Website, the Website’s design and coding, all computer programs used and licensed in connection with the Website, the look and feel of the Website, and all data and reports generated by the Website (collectively, the “Website Content”) are owned by us or a third party. We, together with our licensors and service providers, reserve and shall retain our/their entire right, title and interest in and to the Website and Website Content, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions. You may not copy, download, transmit, modify, distribute or republish the Website or any portion of the Website, including without limitation any of the Website Content without the prior written consent of Company. You may not sell, publicly display, create derivative works of, reverse engineer, disassemble, decompile, decode, assign, sub-license, transfer or otherwise exploit the Website or any Website Content. Use of any Website Content is prohibited without the prior written permission of Company. As long as you comply with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable right to access and make personal, non-commercial use of the Website in compliance with these Terms and Conditions. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices, trademarks, or labels on or in the Website or Website Content; (ii) engage in any activity that interferes with or disrupts the Website or Website Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms and Conditions. All rights not expressly granted herein are reserved.
2. Company Trademarks. All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:
are registered or unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that Company has established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Website are the property of Company or third parties and shall remain the property of Company and such third parties. Nothing contained in the Website shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark. Your misuse of any such Mark, or any other Website Content, is strictly prohibited.
3. Registration. If you choose to register on the Website, including through use of any mobile application we provide (a “Mobile App”), each registration is for a single user only. In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself or your company as requested on the Website registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms and Conditions, you represent and warrant that you are 18 years of age or older (or if you are under the age of 18, your parent or guardian accepts these Terms and Conditions on your behalf prior to your access of the Website); and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
Any changes to your registration information should be made on the Website, or through use of a Mobile App. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website.
After you register on the Website, you may receive a password for your use of the Website. You are solely responsible for maintaining the confidentiality of your account and passwords. You will be responsible for all use and activity that occurs through your password or account. You will close the browser window for the Website at the end of each use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
5. User Content Submissions.
(a) The Website may allow you to post, import, or upload content such as articles, comments, messages, images, photography, audio, video, text, or other material, and to otherwise provide information to the Website, including without limitation through message boards, forums, blogs or other interactive features of the Website (all the foregoing content and information, collectively, your “Content Submissions”). With respect to your Content Submissions, while you retain any and all of your lawfully owned rights therein, you hereby grant Company an unconditional, royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, display, and otherwise fully exploit your Content Submissions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any individual or entity visiting the Website or using a Mobile App to further access, store, distribute, perform, reproduce and prepare derivative works of your Content Submissions. No compensation or other consideration will be paid or otherwise provided to you or to any other person or entity with respect to your Content Submissions.
(b) Company may alter, edit or remove Content Submissions at any time in its sole discretion, but Company assumes no obligation to pre-screen, monitor, or review Content Submissions or content submitted by any other party, and the Company does not support or endorse any Content Submissions (which do not necessarily reflect the views of the Company). Company will endeavor to act on objectionable content reports received from third parties within twenty-four (24) hours of receipt, which, without limiting any other right Company may have, may involve removal of the objectionable content and termination of your rights to use the Website. You are solely responsible at your own cost and expense to create backup copies of your Content Submissions.
(d) As the provider of the Website, Company is only a news forum and is not liable for any statements, representations, or omissions made through Content Submissions or other third-party content on the Website. Any opinions, advice, purported facts, or recommendations expressed therein are those of the third party that makes them, and not those of Company; Company does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting your Content Submissions or in connection with any use of the Website.
6. Actions Against the Website. Without limiting any other provision of these Terms and Conditions you shall not attempt to or engage in potentially harmful acts that are directed against the Website or Website Content, including without limitation the following: (i) causing, allowing or assisting any other person to use your account or impersonate you; (ii) sharing your password or login with any other person; (iii) logging onto or otherwise accessing a server or account that you are not authorized to access; (iv) forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (v) emulating or faking usage of the Website or Website Content; (vi) violating or attempting to violate any security features of the Website or Website Content; (vii) using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website; (viii) introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Website Content; (ix) interfering or attempting to interfere with the use of the Website or Website Content by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website; (x) causing, allowing or assisting machines, bots or automated services to access or use the Website or Website Content without the express written permission of Company; (xi) tampering with the operation, functionality or the security of the Website or Website Content; (xii) attempting to override or circumvent any security or usage rules embedded into the Website or Website Content that permit digital materials to be protected; (xiii) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures; (xiv) misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Website Content; (xv) harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means; (xvi) reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used in connection with the Website or Website Content; or (xvii) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website or Website Content.
7. Third Party Materials. The Website may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for and does not endorse Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. Without limiting the foregoing, you agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other person.
8. Special Admonitions for International Use. The Website is hosted in the United States and is intended for use by residents of the United States of America only. All matters relating to the Website are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
9. Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE SOLE RISK OF USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS OR USEFULNESS OF CONTENT, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE VIRUS OR ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE WEBSITE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO THE WEBSITE.
YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE WEBSITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU AND COMPANY’S LIABILITY IS THEREFORE LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
11. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and litigation expenses, arising from or relating to your use or misuse of the Website or your breach of these Terms and Conditions, including without limitation any claim of infringement or misappropriation related to your Content Submissions. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through the Website.
12. Availability and Features. Availability and features of the Website are subject to change without notice.
13. Termination. You acknowledge and agree that Company may terminate your access to use of the Website for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Company may terminate your access to and use of the Website without prior notice and without any liability to you or any third party. You acknowledge and agree that Company may modify, limit, suspend or discontinue the Website or any part of the Website at any time, without notice or liability to you. Company may also, from time to time, establish general rules, policies and community standards regarding use of the Website. Company will post such rules and policies on the Website, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Website. Company shall have no liability or responsibility with respect to any lost Website Content, Content Submissions, or other data, such as the deletion of or failure to store Website Content, Content Submissions, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Website shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). Company reserves the right to, but has no obligation to, store or keep copies of any Website Content, Content Submissions, or other information, unless otherwise required by law or court order.
14. Severability. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.
15. Governing Law. These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. Any legal suit, action or proceeding arising out of or related to these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in Wake County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase order or other terms, the terms of these Terms and Conditions shall govern.
19. Notice. All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact: The Signal Hill Company, LLC, 211 Tapestry Terrace, Cary, NC 27511, Attn: Chief Executive Officer. Any notices to you may be made via either e-mail or postal mail to the address in the Company’s records or via posting on the Website. Please report any violations of these Terms and Conditions to Company at the contact listed above.
20. Procedures for Making Claims of Copyright Infringement. We expect users of the Website to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Website infringes your copyright, please provide our copyright agent the written information as follows: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) Your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Company’s copyright agent for notice of claims of copyright infringement can be reached as follows: The Signal Hill Company, LLC, 211 Tapestry Terrace, Cary, NC 27511, Attn: Copyright Agent.
Last Updated: 12-19-2014