Effective Date: December 2021
By accessing, viewing or using www.floatchecker.com, including any of its pages, posts, folders, subdirectories, or subdomains (collectively referred to as the “Site”), you agree to be legally bound by these terms and conditions (the “Site Terms”), all terms and policies incorporated by reference, and all applicable U.S. and international laws and regulations.
In the Site and these Site Terms, the words “you,” user,” and “your” refer to each visitor to the Site; “we,” “us,” and “our” refer to the Site and Site owner, Open Mind Group LLC, including but not limited to its officers, directors, and employees; and “Services” refers to all information and data on this Site, including the compilation (i.e., collection, arrangement and assembly) of all information and data on this Site. “Securities” refers to the definition provided in the Securities and Exchange Act of 1934 and includes, but is not limited to, stocks, bonds, funds, money, notes, futures, commodities, contracts, options, warrants, and foreign currency. “Stock Float” generally refers to the regular shares of a company issued to the public that are available for investors to trade. “Short Percentage of Float” generally refers to the number of shares in the stock float that investors have sold short, typically shown as a ratio or percentage. “Outstanding Shares” generally are the total number of shares that a company has issued and includes the shares that are available for trading as well as restricted shares. Stock Float, Short Percentage of Float, and Outstanding Shares are collectively referred to herein as Stock Float data or data.
This Site is intended for use by persons who are at least 18 years old. If you are under 18 years old, do not use this Site. You agree that by accessing or using the Site and Services you are representing and warranting that you are at least 18 years of age. If you are accessing or using the Site and Services on behalf of any group or entity, you represent and warrant that you have all necessary authority to accept these Site Terms on such group’s or entity’s behalf, and that such group or entity agrees to indemnify you or us for any violation of these Site Terms. You agree that you are not a competitor of the Site or engaging in any business or activity that could be competitive with the Site, and you are not using the Site in any way that could be competitive with the Site. If at any time you do not agree to be bound by these Site Terms, you must cease accessing, viewing or using this Site and these Services immediately.
We reserve the right to change, remove, or modify the Site, Site Terms, and Services at any time and at our sole discretion. Unless otherwise stated, updated versions of the Site Terms will appear on the Site and become effective immediately upon publication. You are responsible for regularly reviewing the Site Terms. Continued access or use of the Site or Services after any modifications constitutes your consent to such modifications.
1. Limited License, Restrictions, and Intellectual Property
You are granted a nonexclusive, nontransferable, unassignable, nonsublicensable, revocable, limited license to access, view and use the Site and Services in accordance with these Site Terms. Unless otherwise indicated, the Site and Services, including but not limited to our logo, trademarks, graphics, and pictures, are our proprietary property and are protected by U.S. and international copyright laws and all other applicable intellectual property laws. You may use the Site and Services for your own informational, personal, and noncommercial use. As part of this limited license, you may view and print paper or “hard copy” portions of the Site and Services for your informational, noncommercial, and personal use. You may not alter, modify, tamper or interfere with, sell, lease, loan, rent, sublicense, create derivative works from, distribute, publish, reproduce, or display any portion of the Site or Services, except to the extent permitted under the fair use provision of the U.S. Copyright Act of 1976 (17 U.S.C. § 107). You may not use any spiders, robots, scraping or data mining software; or use any similar automated or manual data extraction methods to access, use, tamper or interfere with, reverse engineer, decompile, deconstruct, copy or monitor the Site, the Services, or Site users. You may not take any action to disable, overburden, obfuscate, or in any way impair the availability of the Site, such as a denial of service attack. You may not encourage or facilitate any violations of these Site Terms. We may terminate this license at any time for any, or no, reason at our sole discretion. You are responsible for your use of the Site and Services.
2. General Disclaimer
The Site and Services are intended for general informational purposes only. We are not a registered investment advisor with the U.S. Securities & Exchange Commission or any other governmental authority. We are not an investment, financial, legal, accounting, tax advisor or broker-dealer, and we do not purport to provide any personalized investment, financial, legal, accounting, or tax advice or information in any form. To the extent any of the data, information or content on the Site and Services may be deemed to be advice, such data, information or content is impersonal and not tailored to any specific person. In other words, the Site and Services are provided to the general public. In providing the Site and Services, we rely on the publisher’s exclusion from the definition of investment advisor in Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and related state laws.
We do not recommend the buying, selling or holding of any particular Securities. No data, information or content on the Site and Services is intended, and shall not be construed as, advice or a recommendation to buy, sell, or hold any Securities. In addition, no data, information or content on the Site and Services is intended, and shall not be construed as, an offer or solicitation to buy, sell, or hold any Securities. No data, information or content on the Site or Services is intended to influence or induce any decision or strategy to buy, sell, or hold any Securities. You understand, acknowledge and agree that we are not authorized to provide any such advice or recommendations and you will not solicit nor rely on us to buy, sell, or hold any Securities. Any commentary on the Site and Services, such as a blog post, is opinion and ideas for the general public and does not constitute advice or recommendations. You understand, acknowledge and agree that we may or may not buy, sell, or hold any Securities discussed in commentary on the Site and Services, and any such commentary may include real, simulated or hypothetical trading of Securities, which may not be disclosed to you. We do not engage in any business or practice of creating actual, apparent or simulated trading activity for the purpose of inducing others to buy, sell, or hold Securities.
You understand, acknowledge and agree that there is a very high risk of loss associated with buying, selling or holding Securities. Do not trade with money that you cannot afford to lose. You will not rely solely on the data, information, or content on the Site and Services to make any trading or investment decision to buy, sell or hold Securities. The Site is one of many websites available to everyone on the internet to help you find information about Securities. You are solely responsible for your own trading and investment decisions. Any decision or determination to trade or invest in Securities must be made by you after you conduct your own research, investigation, or evaluation thereof, based on your own personal, financial or other circumstances, without any reliance on the data, information or content on the Site and Services. We do not independently verify, evaluate or guarantee the accuracy, completeness, timeliness or validity of any data, information, or content on the Site and Services. As stated above, you should conduct your own research and evaluation, which includes investigating the source. For example, Stock Float information on the Site and Services will contain a hyperlink (or clickable link) back to the source website. We also encourage you to seek the advice of a professional, licensed and qualified Securities, tax, accounting, financial or other suitable professional before buying, selling, or holding any Securities. Past results of any trading or investing in Securities published on the Site and Services are not indicative of future returns, and are not indicative of future returns which may be realized by you. You understand, acknowledge and agree that your use of the Site and Services is at your own risk.
3. Third Party Sites; Stock Float Data; Copyright Claims
Third party websites, content, information, data, services, products, functionalities, code, advertisements, opinions, and messages (collectively referred to as “Third Party Sites”) may appear on the Site or may be accessible through links on the Site. We are not responsible for, nor do we monitor or control, any such Third Party Sites. We make no representations, guarantees, or warranties as to the accuracy, completeness, quality, validity, value, reliability or timeliness of any content, data or information from or on any Third Party Sites. Any reference made by the Site to any specific product, process, or service (or provider of such product, process, or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by us. You understand, acknowledge, and agree that we are not responsible or liable for your accessing or using any Third Party Sites, and that your access and use of any Third Party Sites is at your own risk and subject to the terms and policies of such Third Party Sites.
We compile a de minimis amount of publicly available Stock Float data from a number of Third Party Sites identified in the results when you search for a specific Security, such as Yahoo Finance and others. The Stock Float data originates from financial documents that publicly traded companies are required to file with the U.S. Securities & Exchange Commission. We do not independently assess, verify, evaluate or guarantee the accuracy, completeness, validity, quality, value, reliability or timeliness of any Stock Float data from Third Party Sites, nor do we make any representations, guarantees, or warranties that any errors or omissions will be corrected. You are solely responsible and liable for your use of the Stock Float data and any such use or reliance is at your own risk. While we endeavor to regularly update the Stock Float data on the Site and Services, you should independently research, investigate and evaluate the Stock Float data provided by clicking on the hyperlink to the source page (a link is attached to the Stock Float number returned to you after you perform a search for a specific Security). You can also research, investigate and evaluate the documents and forms for a specific Security on file with the U.S. Securities and Exchange Commission. As stated throughout these Site Terms, you should seek the advice of a professional, licensed and qualified Securities, tax, accounting, financial or other suitable professional before buying, selling, or holding any Securities.
Our compilation of publicly available Stock Float data comes from the Third Party Sites (such as Yahoo Finance and Finviz) identified in the results when you search for a specific Security. All products, services, company names, logos and icons are trademarks™ or registered® trademarks of their respective holders and remain property of their respective owners. Use of them by us does not imply any affiliation with or endorsement of our Site and Services by the respective holders and owners. The logos, Stock Float data, and hyperlinks to the premium services, subscription offers, or brokerage accounts of the Third Party Sites are provided to you as financially newsworthy information and comparative advertising for your consideration as part of your research on a specific Security. In other words, our free Site and Services allow you a convenient way to compare information from the Third Party Sites and determine whether you want to purchase any services offered by them. At the present time we receive no compensation or commission from the Third Party Sites. Your reliance on and use of any of these Third Party Sites is at your own risk. The Stock Float data and hyperlinks to the Third Party Sites are not an endorsement, approval, authorization or representation of our affiliation with the Third Party Sites. We have not reviewed all the Third Party Sites linked to or from our Site and Services and we are not responsible for the content or services of any such Third Party Sites. We do not exercise control over any Third Party Sites and any opinions or beliefs expressed on such Third Party Sites do not necessarily reflect our opinions or beliefs. As stated throughout these Site Terms, we make no representations, guarantees, or warranties as to the accuracy, completeness, quality, validity, value, reliability or timeliness of any content, data or information on any Third Party Sites or any results obtained from them. You further understand, acknowledge, and agree that we are not responsible or liable for your accessing or using any Third Party Sites, and that your access and use of any Third Party Sites is at your own risk and subject to the terms and policies of such Third Party Sites.
If you believe that any portion of the Site or Services infringes upon any copyright you own or control, you may file notification of such infringement to the attention of our designated copyright agent, as follows: (A) Identify the copyrighted work that you claim has been infringed upon, or if you wish to cover multiple copyrighted works, provide a representative list of the copyrighted works that you claim have been infringed upon, (B) Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (C) Provide your company affiliation, mailing address, telephone number, and email address, (D) Include the statement in the body of the notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”, (E) Include the statement in the body of the notice: “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, the copyright, or an exclusive right under the copyright that is allegedly infringed.”, and (F) Provide your full legal name and your electronic or physical signature. You may file notification of the infringement by using the email address on our Contact Page, and by entering “Attention Copyright Agent” in the subject line of your email. Upon receipt of the notice, we will take whatever action, in our sole discretion, we deem appropriate, which may include removal of the challenged content from the Site. Please read these Site Terms carefully and have a full understanding of copyright law, including fair use concepts, before filing a copyright-related claim.
4. Linking to this Site
You are granted a limited, non-exclusive, revocable right to provide links to the Site, provided: (A) you do not enclose, remove, or obscure any portions of the Site, Services or Third Party Sites (including but not limited to advertisements, the Site Terms or other policies, or notices or logos on the Site) using any framing techniques or otherwise, (B) you do not portray us, the Site, Services, Third Party Sites or any of our partners, affiliates, sponsors, insurers, contractors, consultants or service providers, or any of our or their respective directors, officers, members, employees or agents in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain adult or illegal material or any material that is offensive, harassing or objectionable as determined by us in our sole discretion, and (C) you immediately discontinue providing links to this Site if requested by us.
You understand, acknowledge and agree that by submitting any materials (including but not limited to questions, comments, suggestions, feedback, recommendations, complaints, reviews, articles, blog posts, ideas or any other information) to us or through us by email, mail, phone or any other type of submission or contact, you grant us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license (with the right to sublicense), to use, reproduce, modify, adopt, translate, create derivative works from, distribute, perform, share, publish, syndicate, broadcast and display such material throughout the world in any medium, known now or later developed, with no acknowledgment or compensation paid to you. You understand, acknowledge and agree that you shall have no claim or other recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in such material you submit to or through this Site or Services. You further understand, acknowledge and agree that any such materials you submit to or through this Site or Services are not confidential and not subject to attorney-client privilege.
We make no representations, guarantees, or warranties as to the accuracy, completeness, truthfulness, quality, validity, usefulness, value, reliability or timeliness of any submitted material and we do not necessarily endorse any beliefs or opinions expressed therein. You understand, acknowledge, and agree that the submitted material might express beliefs or opinions which may be offensive, harmful, or otherwise inappropriate to you, and such submitted material does not necessarily reflect our beliefs or opinions. You rely on any submitted materials at your own risk.
6. Disclaimer of Warranties and Acknowledgements
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS, AND TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, SECURE, VIRUS OR SPYWARE FREE, RELIABLE, CURRENT, ERROR-FREE, MEET YOUR NEEDS OR EXPECTATIONS, OR THAT ANY DEFECTS, OMISSIONS, ERRORS OR INACCURACIES WILL BE CORRECTED. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THE SITE OR SERVICES, (B) THE ACCESS OR USE OF ANY THIRD PARTY SITES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THIS SITE OR OTHERWISE, (C) THE UNAVAILABILITY OF THE SITE, SERVICES OR THIRD PARTY SITES OR ANY PORTION THEREOF, OR (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ACCESSING OR USING THE SITE, SERVICES OR ANY THIRD PARTY SITES. YOU ACCESS, VIEW, AND USE THE SITE, SERVICES, AND THIRD PARTY SITES AT YOUR OWN RISK.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, AND THIRD PARTY SITES ARE PROVIDED TO YOU AS AN INFORMATIONAL TOOL THAT IS AVAILABLE TO YOU ON THE INTERNET AS PART OF YOUR RESEARCH, INVESTIGATION, AND EVALUATION OF SECURITIES, AND FURTHER, THAT YOU DO NOT RELY SOLELY ON THE SITE, SERVICES OR THIRD PARTY SITES IN DECIDING WHETHER TO BUY, SELL OR HOLD SECURITIES. DESPITE OUR REASONABLE EFFORTS TO PROVIDE YOU USEFUL DATA AND INFORMATION, SUCH AS STOCK FLOAT DATA, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES ARE BASED ON DATA AND INFORMATION COMPILED FROM INDEPENDENT THIRD PARTY SOURCES WHO MAY NOT NECESSARILY BE LICENSED AND QUALIFIED SECURITIES, TAX, ACCOUNTING, OR FINANCIAL PROFESSIONALS; THAT WE HAVE NO KNOWLEDGE, CONTROL, OR INFLUENCE OVER THE METHODOLOGIES USED BY THE INDEPENDENT THIRD PARTY SOURCES (SUCH AS YAHOO FINANCE AND OTHERS) TO GATHER OR ACQUIRE THIER DATA AND INFORMATION, SUCH AS STOCK FLOAT DATA; THAT THERE ARE INHERENT LIMITATIONS AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, VALIDITY, APPLICABILITY, USEFULNESS, AND TIMELINESS OF SUCH DATA AND INFORMATION; THAT WE DO NOT VERIFY SUCH DATA AND INFORMATION; AND THAT SUCH DATA AND INFORMATION MAY THEREFORE BE UNTIMELY, OUTDATED, INCOMPLETE, INCORRECT, INADEQUATE, INAPPLICABLE, OR CONTAIN ERRORS OR OMISSIONS WHICH MAY NOT NECESSARILY BE CORRECTED. WE DO NOT RECOMMEND OR ENDORSE ANY SECURITIES OR THEIR ASSOCIATED STOCK FLOAT DATA IDENTIFIED ON THE SITE OR ANY THIRD PARTY SITES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE COMPILATION AND ARRANGEMENT OF STOCK FLOAT DATA AND THE PREMIUM SERVICES, SUBSCRIPTION OFFERS, OR BROKERAGE ACCOUNT OFFERS OF THIRD PARTY SITES PRESENTED ON THE SITE AND SERVICES ARE PROVIDED TO YOU AS FINANCIALLY NEWSWORTHY INFORMATION AND COMPARATIVE ADVERTISING FOR YOUR CONSIDERATION AS PART OF YOUR RESEARCH, INVESTIGATION AND EVALUATION OF SECURITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU SHOULD INDEPENDENTLY VERIFY ANY DATA AND INFORMATION YOU OBTAIN ON THE SITE, SERVICES OR ANY THIRD PARTY SITES BEFORE YOU ACT ON IT, SUCH AS BUYING, SELLING OR HOLDING A SECURITY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE IS NOT NECESSARILY A CORRELATION BETWEEN STOCK FLOAT DATA AND THE PERFORMANCE OF A SECURITY. YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT (A) THE SITE AND SERVICES ARE A PRESENTATION OF OUR RESEARCH AND INVESTIGATIONS, WHICH ARE GOVERNED BY OUR OWN METHODOLOGIES, (B) ANOTHER PERSON OR PARTY’S RESEARCH AND INVESTIGATIONS MAY BE DIFFERENT THAN OURS, OR MAY BE BASED ON DIFFERENT OR ADDITIONAL METHODOLOGIES, (C) THE SITE AND SERVICES DO NOT PURPORT TO INCLUDE ALL POSSIBLE SECURITIES AVAILABLE FOR TRADING OR INVESTING, (D) THERE IS NO DIRECT CORRELATION BETWEEN STOCK FLOAT DATA AND THE VALUE OR PERFORMANCE OF A SECURITY, (E) ANY STATEMENTS OR ASSERTIONS TO THE EFFECT THAT, A LOWER FLOAT SECURITY OR LOWER SHORT PERCENTAGE OF FLOAT SECURITY WILL PERFORM BETTER THAN A HIGHER FLOAT SECURITY OR A HIGHER SHORT PERCENTAGE OF FLOAT SECURITY (OR VICE VERSA), ARE A MATTER OF OPINION AND CANNOT BE PROVEN TRUE OR FALSE OR OTHERWISE VERIFIED, (F) THE SITE AND SERVICES DO NOT PURPORT TO IDENTIFY OR DETERMINE WHETHER ANY SECURITY OR ANY ASPECT THEREOF (SUCH AS STOCK FLOAT, SHORT PERCENTAGE OF FLOAT, OUTSTANDING SHARES, MARKET CAPITALIZATION, P/E RATIO, REVENUE, BOOK VALUE PER SHARE, ETC.) IS SUPERIOR OR INFERIOR TO ANOTHER SECURITY OR ANY ASPECT THEREOF, (G) YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, SERVICES, AND THIRD PARTY SITES, AND FOR DETERMINING THE SUITABILITY OF ANY TRADING OR INVESTING DECISIONS, (H) WE DO NOT PROVIDE ANY ADVICE OR RECOMMENDATIONS ON BUYING, SELLING OR HOLDING SPECIFIC SECURITIES, AND YOU SHOULD SEEK THE ADVICE OF A PROFESSIONAL, LICENSED AND QUALIFIED SECURITIES, TAX, ACCOUNTING, FINANCIAL OR OTHER SUITABLE PROFESSIONAL BEFORE BUYING, SELLING OR HOLDING ANY SECURITY. YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ARE NOT ENGAGED IN TRADE OR COMMERCE, AND WE DO NOT SELL ANY ASSETS, SERVICES, OR ASSISTANCE TO SITE VISITORS WHO COME TO THIS SITE.
ADDITIONAL INFORMATION AND EXPLANATION ABOUT THE SITE, SERVICES AND THIRD PARTY SITES ARE CONTAINED THROUGHOUT THE SITE ITSELF, INCLUDING BUT NOT LIMITED TO THE ABOUT AND FAQ PAGES, AND YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, SERVICES AND THIRD PARTY SITES IS INFORMED BY AND GOVERNED BY NOT ONLY THESE SITE TERMS, BUT ALSO BY THE INFORMATION AND EXPLANATIONS AVAILABLE ON THOSE PAGES. IF THERE IS ANY CONTRADICTION BETWEEN THE INFORMATION AND EXPLANATIONS ON SUCH PAGES AND THESE SITES TERMS, THEN THE SITE TERMS WILL TAKE PRECEDENCE. WE RESERVE THE RIGHT TO CHANGE, REMOVE, OR MODIFY THE SITE, SITES TERMS, AND SERVICES AT ANY TIME WITHOUT NOTICE AND AT OUR SOLE DISCRETION.
7. Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF OUR PARTNERS, AFFILIATES, SPONSORS, INSURERS, CONTRACTORS, CONSULTANTS OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS DUE TO THE OUTCOME OF LEGAL MATTERS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF ASSETS, LOSS OF USE, LOSS OF DATA, LOSS OF ANY OTHER ECONOMIC ADVANTAGE, OR ATTORNEYS’ FEES), HOWEVER IT ARISES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH YOUR ACCESS TO, USE OF, OR RELIANCE ON THE SITE, SERVICES OR THIRD PARTY SITES, OR YOUR INABILITY TO ACCESS OR USE THE SITE, SERVICES OR THIRD PARTY SITES, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PRECEDING LIMITATION APPLIES TO ANY DAMAGE TO EQUIPMENT, SOFTWARE, OR DATA OR INFORMATION RESULTING FROM YOUR ACCESS OR USE OF THE SITE, SERVICES OR THIRD PARTY SITES. THE AGGREGATE LIABILITY OF US, OUR PARTNERS, AFFILIATES, SPONSORS, INSURERS, CONTRACTORS, CONSULTANTS OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR RELATED TO OR CONNECTED WITH YOUR ACCESS, USE OF, OR RELIANCE ON THE SITE, SERVICES OR THIRD PARTY SITES SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE, SERVICES, OR THIRD PARTY SITES. ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH YOUR ACCESS TO, USE OF, OR RELIANCE ON THE SITE, SERVICES, OR THIRD PARTY SITES MUST BE BROUGHT WITHIN ONE YEAR AFTER THE BASIS FOR THE CLAIM ARISES.
You agree that you will not access or use the Site, Services, or Third Party Sites for any unlawful purpose or for any purpose prohibited by these Site Terms, including but not limited to harassment or similarly objectionable purposes as determined by us in our sole discretion. You agree to indemnify, defend, and hold harmless us, our partners, affiliates, sponsors, insurers, contractors, or service providers, and any of our or their respective directors, officers, members, employees or agents, from and against any claims, damages, costs, liabilities, expenses and loss (including but not limited to reasonable attorneys’ fees) arising out of or in any way related to or connected with your access or use of the Site, Services, or Third Party Sites, including without limitation any actual or threatened suit, your conduct, your violation of the Site Terms, or your violation of the rights of any third party. This indemnification will survive the expiration or termination of these Site Terms, and your cessation of the use of the Site and Services.
9. Governing Law and Venue
The Site Terms and your access to or use of the Site or Services shall be governed by and construed under the laws of the state of Delaware, U.S.A. without regard or resort to any conflict of law provisions. You understand, acknowledge and agree that, regardless of where you or your equipment or software physically resides, your visit to or access to or use of the Site or Services occurs in the state of Delaware, U.S.A., and that the state and federal courts sitting in New Castle County, Delaware, U.S.A. shall have personal jurisdiction, exclusive subject matter jurisdiction and venue over any claims arising out of or in any way related to or connected with your access to or use of the Site or Services, and that you consent to the personal jurisdiction and exclusive subject matter jurisdiction and venue of such courts.
10. International Use
The Site and Services are intended for citizens of the United States. We make no representations or warranties that the Site or Services are appropriate or available for use in locations outside the United States. If you choose to access the Site or Services from a location outside the United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with local laws.
12. General Provisions
Should any provision of these Site Terms be deemed unlawful, void, invalid, illegal, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any other remaining provisions. Our failure to enforce any provision of these Site Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings contained in these Site Terms are inserted for convenience only and do not constitute part of the Site Terms. If you have any questions about these Site Terms, you can contact us here.