The terms of this Agreement, as modified by Ingenio from time to time in accordance with the next paragraph, will govern your access to and use of the Site.
Ingenio may modify, suspend or discontinue the Site, temporarily or permanently, and may remove, modify or delete any Content at any time, in its sole and absolute discretion.
If you would like to contribute Content and access certain features of the Site, you must already be registered as a Ingenio member ("Member") and have a listing to provide Advisor Services. In registering as a Ingenio Member, you agree to provide your accurate, current and complete information.
2. Your Use of Site Information
You may download, view, copy and print any Content, subject to the following: (i) the Content may be used solely for personal, informational, non-commercial purposes; (ii) the Content may not be modified or altered in any way; and (iii) your continued compliance with all the restrictions set forth in this Agreement. Except as expressly permitted in this Agreement, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express written authorization of Ingenio.
3. Use and Submission of Content
With respect to any articles, content or written or visual materials, you submit for posting on the Site, you hereby certify that you are the true author of such Content; and that the Content is your original work product and does not contain, copy, infringe or borrow the copyrighted material or trademarks of another. You are solely responsible for the content provided on your blog.
Further, by submitting Content to Ingenio you hereby automatically grant, convey, and assign to Ingenio, a worldwide royalty-free, perpetual, non-exclusive, sublicensable and irrevocable right to use, post, display, publish, reproduce, distribute, edit, modify, reformat, sublicense, display and create derivative works from your Content, in whole or in part, in any form or media on Ingenio sites, web pages or within e- mails, and on the sites and web pages (or within e-mails) of any Ingenio affiliate or distribution partner as well as granting to Ingenio users a right to display your Content on any web pages configured by them by using the syndication tools available through the Site. Nothing, however, shall be construed as requiring Ingenio to use, display, or distribute any of your Content or exercise any of the rights granted herein, and you understand and agree that Ingenio and its affiliates and distribution partners are free to use, or terminate the use of your Content at any time in their sole and absolute discretion. Further, Ingenio agrees to provide an attribution to the Advisor who provides Content in a form that reasonably acknowledges that the Advisor is the author of the Content by displaying the Member name and/or a link to the Advisor's listing on Ingenio.
You may, from time to time, provide comments related to the Site or Content. Such comments may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively "Comments"). You acknowledge and agree that all Comments will be the sole and exclusive property of Ingenio. You hereby irrevocably transfer and assign to Ingenio and irrevocably assign and transfer to Ingenio all of your right, title, and interest in and to all Comments, including all worldwide intellectual property rights therein. At Ingenio's request and expense, you will execute documents and take such further acts as Ingenio may reasonably request to assist Ingenio to acquire, perfect and maintain its intellectual property rights and other legal protections for the Comments.
5. Property Rights
Except as expressly permitted in this Agreement, you will not earn or acquire any rights or licenses in the Site or Content on account of this Agreement. You acknowledge and agree that Ingenio owns all right, title and interest in and to the Site, including all intellectual property rights therein, even if Ingenio or its licensors incorporate any Content or Comments into subsequent versions of the Site or Content. You agree that the Advisors shall own all right, title and interest in and to the Content in the form submitted to Ingenio and any portion of derivative works thereto created by Ingenio shall be exclusively owned by Ingenio. The Site and Content are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site or Content.
6. General Prohibitions
You agree not to do any of the following while using the Site or Content:
a. Engage in any activities, including but not limited to posting, publishing transmitting or otherwise submitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another's privacy; (iv) are intended to harass another person or entity; (v) are obscene, pornographic, offensive or not in accordance with Ingenio's Adult Content Policy ; (vi) promote bigotry, racism, hatred or harm against any individual or group; (vii) infringe another's rights, including any intellectual property, privacy or publicity rights; or (viii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
b. Copy, modify or distribute the code used to generate web pages on the Site;
c. Use the Site or Content on or in connection with any other website other than as authorized herein, for any purpose, except that you may use Content on other websites if such Content was submitted by you;
d. Access, tamper with or use non-public areas of the Site, Ingenio computer systems, or the technical delivery systems of Ingenio providers;
e. Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
f. Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Ingenio or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
g. Use the Site to directly advertise or promote products or services unrelated to Advisor Services, attempt to circumvent the payment system associated with your Advisors Services, solicit employment or to transmit spam as indicated in our Anti-Spam Policy,
h. Frame the Site, except as may be expressly permitted in writing by Ingenio;
i. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
j. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
k. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or
l. Impersonate or misrepresent your affiliation with any person or entity.
Ingenio will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Ingenio will involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement or where Ingenio believes in good faith that the law requires Ingenio's cooperation. You acknowledge that Ingenio has no obligation to monitor your access to or use of the Site and Content or any information you may provide during your use of or access to the Site and Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
7. Digital Millennium Copyright Act
Ingenio respects copyright law and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S.1 Copyright Office web site at http://www.copyright.gov/legislation/dmca.pdf, Ingenio will respond promptly to notices ("Notices") of alleged copyright infringement that are reported to Ingenio's Designated Copyright Agent in the manner set forth in Ingenio's Copyright and Trademark Policy.
8. Termination of Use
If you violate any of this Agreement, or violate the copyright or trademark of another, or cause repeated Notices to be served under the DMCA, your permission to use the Site, Content and Ingenio account(s) may be terminated. You agree that Ingenio may, in its sole discretion, at any time revoke your access to and use of the Site and Content, and any account(s) you may have in connection with the Site, with or without cause. Ingenio also reserves the right to cease providing or to change the Site or Content at any time and without notice.
The Site may contain links to third-party websites, which may provide access to content, products and services from third parties, including users, advertisers, affiliates and sponsors thereof. You agree that Ingenio is not responsible or liable for: (i) the availability or accuracy of, such third-party websites or resources; (ii) the content, advertising, products or services on or available from such websites or resources; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Ingenio is not responsible for third-party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Ingenio is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Ingenio is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
10. Use of the Site at Your Own Risk
Your access to and use of the Site and Content is at your own risk. Ingenio will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Site or Content.
You agree to defend, indemnify and hold Ingenio, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, "Ingenio"), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with your access to or use of the Site or Content, any Content submitted by you or your violation of this Agreement.
12. The Site is Available "AS-IS"
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ingenio EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE OR CONTENT ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR CONTENT. ALL USE OF THE SITE AND CONTENT IS AT YOUR OWN DISCRETION AND RISK.
Ingenio MAKES NO WARRANTY THAT: (i) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.
ALL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS "AS IS" AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM Ingenio, OR THROUGH THE SITE OR CONTENT WILL CREATE ANY WARRANTY.
Ingenio ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT, AND MAKES NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SITE OR CONTENT. Ingenio RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO ADDING TO, DELETING, CHANGING OR IMPROVING ANY OF THE INFORMATION, PRODUCT(S), SPECIFICATIONS, SERVICES, PROGRAMS, INTERFACES AND TECHNOLOGY, AT ANY TIME WITHOUT NOTICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Ingenio NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Ingenio HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Ingenio IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Ingenio WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF Ingenio TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR CONTENT IS LIMITED TO TWO HUNDRED DOLLARS ($200). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Ingenio AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
The failure of Ingenio to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
16.Note About Children
Persons under 18 who are not otherwise capable of forming legally binding agreements under applicable law are not eligible to use the Site, and we ask that they do not submit any personal information to us.
17. Applicable Laws
This Agreement and all matters relating to your access to, and use of, the Site and Content shall be governed by U.S. federal law or the laws of the State of California without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in the City and County of San Francisco, California. You and Ingenio agree to submit to the personal and exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
This Agreement constitutes the entire and exclusive understanding and agreement between you and Ingenio regarding your use of and access to the Site and Content and may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Ingenio. Ingenio may assign this Agreement at any time without notice. This Agreement will bind and inure to the benefit of Ingenio's successors and assigns. The failure to require performance of any provision shall not affect Ingenio's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
19. Copyright & Trademark Information
All trademarks, service marks, logos, trade names and any other proprietary designations used on the Site are trademarks or registered trademarks of Ingenio or its licensors or Registered Users as the case may be. You will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Site or in Content.
20. Contact Information
If you have any questions regarding this Agreement or the Blog, please contact Ingenio by filling out the Customer Support Form and selecting "Member Agreement / Policies"