Introduction and Eligibility.
Binding Agreement. Please read these terms carefully before using the Services. By accessing the Services, you agree to be bound by these terms. If you do not agree to the terms, please do not use the Services. Section titles in these Terms are for convenience only and have no legal or contractual effect.
Eligibility. The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for that child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.
Terms Applicable to Corporations. The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: (i) you agree to require each of your employees that use or access the Services to be bound by these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the use of the Services, including any breach of these Terms. All references to your access and/or use of the Site herein include access and/or use of the Services by your employees.
Additional Terms. We may require you to agree to additional terms, rules, policies, guidelines, end user license agreements or other conditions of use (collectively, the "Additional Terms") in order to use particular Services, to license certain products available through certain Services, and/or to receive or use certain Services that we may offer from time to time. Such Additional Terms include, but are not limited to, our Terms and Conditions of Business and end user license agreements applicable to certain products which are made available with such products. If there is any conflict between the Additional Terms and these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
Rules for Sweepstakes, Contests, Raffles and Other Promotions. In addition to the Terms, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Services may be governed by Additional Terms that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any Additional Terms applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Statement which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the Additional Terms of any Promotion conflict with these Terms, the Additional Terms of such Promotion shall control.
Changes to the Services. We reserve the right to change the information, products, services, prices, and Promotions mentioned in any of the Services, at any time, at our sole discretion, with or without notice. You agree that we are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Services. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, from time to time, and in our sole discretion.
Changes to the Terms. You understand and agree that we may change these Terms at any time with or without prior notice. Revised Terms will become effective at the time of posting, and you can determine when these Terms were last revised by referring to the “LAST REVISED” at the top of these Terms. Your continued use of the Services after any changes to the Terms constitutes your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Services. We reserve the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved.
Notices. Notices to us under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
Monotype Imaging Holdings Inc.
Attn: Legal Department
600 Unicorn Park Drive
Woburn, MA 01801 USA
Notices to you may be made via posting to a Service, by e-mail, or by regular mail, in our sole discretion. We may also provide notices of changes to these Terms or other matters by displaying those notices or by providing links to those notices.
If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the applicable Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach involving your personal information (or to withdraw your consent from receiving electronic notice), please notify us at email@example.com.
We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Your Access to and Use of the Services.
Proprietary Rights. The Services contain material including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements we have with third parties. The Content and the compilation (meaning the collection, arrangement and assembly) of all Content and Services are protected by United States and foreign intellectual property laws. Unauthorized use of the Content or Services may result in violation of copyright, trademark, trade dress, patent, and/or other rights and laws. Except as expressly authorized in writing by us or expressly permitted by these Terms or applicable Additional Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) of the Services or the Content, in whole or in part.
Trademarks. Our trademarks, service marks, and logos used and displayed on the Services are our registered and unregistered trademarks or service marks. Other company, product, and service names used and displayed on the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and collectively with our Trademarks, the “Trademarks”). Nothing on the Services or in these Terms or any Additional Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage us or the any third-party owner, any or our products or services or any other applicable third-parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. We reserve all rights not expressly granted herein.
Limited License to You. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to use the Services and Content for your own personal use, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, scrape, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Services or Content. You may copy or save any Content or a portion of it in limited cases for personal use or records, provided that any logos marks or other legends that appear on copied screens remain and are not removed from the Content. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Except for those rights expressly granted in these Terms or any applicable Additional terms, no other rights are granted to you or any third party, whether express or implied.
Trial Font Software. On occasion, we will offer free trials of font software (“Trial Font Software”). In order to Use the Trial Font Software, you will be required to download, install and agree to the license terms for our SkyFonts™ client software, and you must have an account on the Service offering the free trial. You acknowledge that all Use of and access to the Trial Font Software supplied to you by us is governed by this section of these Terms and you have no rights to the Trial Font Software other than as set forth in this section. We reserve all rights not expressly granted in this section of these Terms. You may Use the Trial Font Software, in each case, for a single period of time as stated on the specific Service you are using on up to (5) hardware components in which an individual is able to give commands, whether by keyboard or otherwise, that are followed by the Trial Font Software. The Trial Font Software is subject to the following restrictions:
- you may not Use the Trial Font Software to create anything which is offered for distribution to the general public, or to some subset of the general public, in exchange for a separate fee or other consideration;
- you may not distribute the Trial Font Software, any portion of the Trial Font Software or any electronic or printed document created through the Use of the Trial Font Software; and
- you may not modify the Trial Font Software in any way.
You acknowledge that the Trial Font Software will be removed from your account on the specific Service, and de-installed from any of your hardware components, at the end of the trial period. Your right to download Trial Font Software shall be in effect for so long as your account on the specific Service remains in good standing, provided that we reserve the right to terminate your right to Use or download Trial Font Software at any time. We also reserve the right to remove or update Trial Font Software from the SkyFonts client software at our sole discretion at any time. You agree that we have no support obligations related to this Trial Font Software. As used herein:
- “Trial Font Software” means the font software identified as such, from time to time, in your account on the applicable Service and subject to the limitations set forth in your account and the limited license rights set forth herein and which, when Used on or accessed by an appropriate device or devices, generates typeface and typographic designs and ornaments and which are made available to you, in our sole discretion, through our SkyFonts client software.
- “Use(d)” of the Trial Font Software occurs when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Trial Font Software, regardless of the location in which the font software resides.
Rules of Conduct. While using a Service you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, we expect our users to respect the rights and dignity of others. Your use of any of the Sites or Services is conditioned on your compliance with the rules of conduct noted in this section; any failure to comply may also result in termination of your access to a Service. You understand, acknowledge, agree and warrant that you may not and that you will not:
- Post, transmit, or otherwise make available through or in connection with any Site or Service anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
- Post, transmit, or otherwise make available through or in connection with any Service any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
- Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Use the Services to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Use a Service for any fraudulent or unlawful purpose.
- Harvest or collect personally identifiable information about other users of any Services.
- Post, transmit, or otherwise make available through or in connection with any Service any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of a Service, without our express prior, written consent.
- Impersonate any person or entity, including any of our representatives or our affiliates or business partners.
- Falsely state or otherwise misrepresent your affiliation with any person or entity.
- Express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of a Service or the servers or networks used to make a Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of a Service).
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any Content, product, service and other materials available through any Service) including any products or services of any third party made available through the use of or access to our Services.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Sites or Services (including any Content and other materials available through the Services), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
- Remove any copyright, trademark or other proprietary rights notice from the Services or Content and other materials originating from any Service.
- Frame or mirror any part of a Service without our express prior written consent.
- Create a database by systematically downloading and storing all or any Services or Content.
Third Party Links and Services. Some of our Services may contain links to, or may link to third-party websites or third party services or may enable you to access the Services using your account on third party social media websites (collectively, “Third Party Links”). Third Party Links are not under our control and we are not responsible for the contents of or any changes or updates to any Third Party Links. We are not responsible for any form of transmission received from any Third Party Links. We provide Third Party Links to you only as a convenience, and the inclusion of such Third Party Links does not imply our endorsement of any Third Party Links or associated products or services. You agree that your use of Third Party Links, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such Third Party Links.
Interactions with Other Users or Third Parties. Some of the Services enable or facilitate communications between you and other users or third parties. Examples include but are not limited to a discussion group, chat area, bulletin board, news group, wiki/help area, feedback, communications directed to us, our webmaster or employees, e-mail function or other interactive functionality offered as part of any of our Services (the “Forums”). As a neutral facilitator, we are not directly involved in the actual transactions and/or communications between you and other third parties. We have no control over the truth, accuracy, quality, legality, offensiveness, or safety of content or other postings made by other users or third parties. You shall at all times exercise common sense and good judgment when dealing with any other users or third parties through the Services. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and do not reflect our opinions and/or our respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives. We, our subsidiaries, affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. Without limitation, we and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives, are not responsible for any information or materials made available by any third party (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. You are solely responsible for your involvement with other users and third parties. We reserve the right, but have no obligation, to monitor disagreements between any users of the Services. In addition, we and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any forum or any other part of a Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON ANY SERVICE, YOU DO SO AT YOUR OWN RISK.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that the materials, content or products made available on any of our Sites or Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the forum should be sent to us via email at firstname.lastname@example.org, email@example.com, or by writing to us at:
Monotype Imaging Holdings Inc.
Attn: Legal Department - DMCA
600 Unicorn Park Drive
Woburn, MA 01801 USA
Registration; Usernames and Passwords. YYou may be required to register with us in order to access certain Services. With respect to any registration, we may refuse to grant you permission to register under a specific username or email address for any reason, at our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occur in connection with your username or password. If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account on such Services has occurred, you agree to immediately notify us by e-mail to firstname.lastname@example.org. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
Information Submitted Through the Services. Your submission of information through the Sites or Services is governed by our Privacy Statement. You represent and warrant that any personal information you provide in connection with your use of the Services must be true, accurate, and complete, and you will maintain and update such personal information. You agree that if any personal information that you provide becomes false, inaccurate, obsolete or incomplete, we may terminate your use of or access to the Services. For each submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such submission, and your provision thereof to and through the Services, comply with all applicable laws, rules and regulations.
No Confidentiality and How to Share an Idea. Except for information necessary to place an order, you may not submit or share confidential or proprietary information or trade secrets through the Services. If you wish to share an idea or suggestion with us, you must submit the idea to us at email@example.com. By submitting an idea or suggestion, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.
Monitoring. We reserve the right, but have no obligation, to monitor use of the Services and/or any activities conducted through or in any way related to the Services. You acknowledge and agree that we reserve the right (but have no obligation) to do one or more of the following in our sole discretion, without notice or attribution to you: (i) monitor submissions as well as access to a Service; (ii) alter, remove, or refuse to post or allow to be posted any submission; and/or (iii) disclose any submission, and the circumstances surrounding their transmission, to any third party in order to operate any Service; to protect ourselves, our subsidiaries and affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Service’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. We disclaim any responsibility for content submitted by users on or through any of the Services.
Termination. You agree that we may, in our sole discretion, at any time and for any reason or no reason, terminate your access to any Service if we believe that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Service will immediately cease. You agree that any termination of your access to or use of any Service may be effected without prior notice. You agree that we, our subsidiaries, affiliates and licensors, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to any Service. These Terms shall survive any termination of your access to any of the Services.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
DISCLAIMER OF WARRANTIES. WE AND/OR OUR PARENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR CONTENT FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM OR THIRD PARTY APPLICATION.
THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN.
YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK AND THAT THE SERVICES AND CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SERVICES OR CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU US TO ACCESS AND USE THE APPLICABLE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services or Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company Parties in defense of such matter.
Compliance with Applicable Laws. We are based in the United States. We make no claims concerning whether the Services or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or Content from outside the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.
Export. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Services or Content to countries or persons prohibited under the export control laws. By downloading any software, application programming interface, applications or Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the content.
No Legal Advice Offered. Certain of our Services are intended to be a general information resource in regard to the subject matter covered. We are not a law firm and we do not directly or indirectly practice law or attempt to render or dispense legal services. None of our Services are intended to be instruction for legal representation, can be considered a substitute for the advice of an attorney or is intended to establish an attorney-client relationship. Any information provided is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts.
Forward-Looking Statements. Some Sites contain express or implied forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in such forward-looking statements. Such statements include those that (a) use the words “believes,” “expects,” “anticipates,” “estimates,” “will” or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products or services; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting our operations, markets, products or services. Further information on potential factors that could affect our actual financial results are included in our filings with the Securities and Exchange Commission; specifically, our most recent reports on Form 10-K and Form 10-Q. We do not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.
General. These Terms and any Additional Terms contain the entire agreement between us and you with respect to our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us and you with respect to any Services with the exception of any end user license agreement you may have been presented or agreed to with us. In those cases, the terms of the end user license agreement controls. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
Governing Law and Forum. If you access the Services from the United States, you agree that any dispute, proceeding or action arising under or in connection with your use of the Sites, Services or these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to applicable conflict of law provisions. If you are a citizen of a European Union country, you agree that any dispute, proceeding or action arising under or in connection with your use of the Sites, Services or these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. You and the Company Parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boston, Massachusetts. Nothing herein shall be deemed to constitute consent by us to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder, and you covenant not to sue the Company Parties in any other forums. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms.
Class Waiver and Waiver of Jury Trial. You agree to first contact us at firstname.lastname@example.org regarding any claim or controversy arising out of or relating to these Terms or your use of the Services. You agree that regardless of any statute or law to the contrary, you must file any such claim within one (1) year after such claim arose or it is forever barred. Any proceedings to resolve or litigate any dispute in any forum with respect to these Terms or the Services will be conducted solely on an individual basis. Neither you nor the Company Parties will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree to waive your right to a jury trial in connection with any dispute relating to these Terms or your use of the Services. If this class action waiver or waiver of jury trial is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
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