Last Updated: 25-May-2018
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 AGREEMENT1. In addition to any other agreements between you and Conteneo, Inc. and its affiliates and subsidiaries (collectively “Conteneo,” “we” or “us”) 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 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 and updating the "Date of Last Revision" for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Offerings made after the changes are posted to the Conteneo website.
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 https://weave.scaledagile.com/igo/termsofservice.html
II. YOUR RESPONSIBILITIES1. If you are under the age of 16, 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.
2. You are responsible for all actions and events that you take and any transmission you send or receive through our Offerings, including the content of any communications. Conteneo 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 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 chooses, in its sole discretion, to monitor a Promotion, Conteneo 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 the 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 server or interfere with any third party's right to use the Offerings. You agree that Conteneo may govern or otherwise provision access to the Offerings to promote efficient user access.
7. Conteneo 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 Offerings or of any applicable laws, rules, or regulations. By using the Offerings, you release Conteneo from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials.
8. Conteneo may take any one or more of the following actions, or other actions not listed, at Conteneo’s sole discretion in response to violations of this Policy and agreement: (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 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 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, we cannot guarantee that the Offerings will be available to you or that all Offerings will function properly. Conteneo 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 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 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 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
III. ACCOUNT TERMS1. If you are under the age of 16, 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 Offerings accessed via an account identifier and a password, you are responsible for maintaining the security of your account and password. Conteneo 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 TERMSCustomers 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 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 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 will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Conteneo 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.
V. OFFERINGS1. 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, an 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.
2. Downgrading or failure to renew your Offerings may cause the loss of Content, features, or capacity of your Account. Conteneo 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 may 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 QUALIFICATIONSSome of our Offerings grant Certifications based on Qualifications. Qualifications are based 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, attending or teaching a class as Certified Collaboration Instructor and so forth), 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 will publish the rules and policies governing Certifications and Qualifications in publicly accessible websites. While we don't expect to change them frequently, Conteneo 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 at least a 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 may adjust your Certifications Level for non-fraudulent mistakes in reporting of your Qualifications.
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 transferable.
7. In order to build confidence in our Certifications and Qualifications, Conteneo 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 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.
VII. RECOGNITIONSSome 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 will publish the rules and policies governing Recognitions. While we don't expect to change them frequently, Conteneo reserves the right to change the rules and policies of Regulations to better meet the needs of our Customers.
2. Conteneo reserves the right to remove or adjust Recognitions for any reason.
3. Recognitions are not transferable.
4. Conteneo 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. In order to build confidence in our Recognitions, Conteneo 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.
6. 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 may promote your Recognitions in any manner of our choosing.
VIII. MOBILE APPLICATIONSCertain 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.
IX. CUSTOMIZATIONSCertain Offerings may require additional fees associated with such services as application customization, preparation of tailored services, distribution services or any other requests agreed by Conteneo. These services are not work-for-hire, and all intellectual property arising from services associated with customizations of Offering will be owned by Conteneo.
X. REFUNDS1. 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 30 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 consumed through pay-as-you-go or transactional accounts.
4. There is no refund for any application customization and/or preparation fees.
5. There is no refund for downgrading Offering Levels or disqualification from Offerings for fraudulently misrepresenting your Qualifications.
XI. COUPONSYou may have been provided with or elect to use 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.
XII. CANCELLATION AND TERMINATION1. You are solely responsible for properly canceling your accounts associated with our Offerings.
2. Upon cancelling your account, all of your Content and associated Certifications and Qualifications will been deleted from the Offerings. This information cannot be recovered once your account is cancelled and the content is deleted.
3. Any active Promotions shall be immediately terminated on account cancellation. Sponsors are solely responsible for the termination of their Promotions.
XIII. MODIFICATIONS TO THE OFFERINGS AND PRICE CHANGES1. In order for Conteneo 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 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Offerings.
XIV. COPYRIGHT AND CONTENT OWNERSHIP1. 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 as further defined below.
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. You may also be granted rights to transfer the ownership of one or more data objects to another user, such as transferring a forum or a framework. You are responsible for any such transfer and acknowledge that transferring ownership of data relinquishes your rights to these data.
4. When you are a forum participant in any Offering you agree that the entity Sponsoring the Offering the offering has complete ownership 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 ownership and control of the Sponsoring entity.
5. Conteneo claims 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 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 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, 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. We encourage you to participate in these activities. Because we are engaging in activities for Conteneo’s business purposes, we claim all intellectual property rights in Submissions associated with these uses of our Offerings.
9. Conteneo does not pre-screen Content. Conteneo 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 firstname.lastname@example.org, 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 logo, and the slogans "Innovation through Understanding®", "Knowsy®", Knowsy Knows®, Ideas Into Action℠ are trademarks (or service marks, as applicable) of Conteneo. If you use them, use them properly.
XV. SPAMCertain 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 determines that your level of spam complaints is higher than acceptable, Conteneo, at its sole discretion, has the right to adjust your account capabilities or terminate your use of our Offerings.
XVI. GENERAL CONDITIONS1.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 at email@example.com.
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. A full listing our vendors and partners can be found at: https://conteneo.co/software/data-privacy/.
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 or Conteneo.
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.
6. We may, but have no obligation to, remove Content and/or 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 Service.
7. You understand that the technical processing and transmission of the Offerings, including your Content, may be transferred 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 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 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 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 to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Conteneo and govern your use of the Offerings, superseding any prior agreements between you and Conteneo (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
XVII. HARASSMENT POLICYConteneo 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 in any way please contact us at email@example.com.
XVIII. DISCLAIMER OF WARRANTIES AND LIABILITYIF 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, ITS AGENTS, AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON INFRINGEMENT, 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, 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, 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, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
XVII. GOVERNING LAWThis 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.
XIX. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless Conteneo 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 Offerings, or (5) your use of the Offerings.
XX. ASSIGNMENTThis Policy and Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Conteneo without restriction or notification.
XXI. SEVERABILITYIf 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.
XXII. QUESTIONS AND COMMENTSIf you have any additional questions about this Policy you may contact:
1296 Kifer Rd., Suite 601
Sunnyvale, CA 94086
Or email us at firstname.lastname@example.org
1296 Kifer Rd., Suite 601
Sunnyvale, CA 94086
Or email us at email@example.com