Introduction
These website Terms and Conditions (these “Terms”) shall govern your use of our website, bonnieslist.com (the “Website”). By accessing the Website, you are agreeing to be bound by these Terms, and that you are responsible for compliance with any applicable laws and regulations. The Bonnie’s List Privacy Policy (“Privacy Policy”) are incorporated by reference into these Terms, and you are agreeing to accept and abide such Privacy Policy by accessing the Website. Minors or people below 18 years old are not allowed to use this Website.
Changes to These Terms
We reserve the right to make changes to these Terms at any time. We will notify you of such changes by updating the “last updated” date included in these Terms. You should ensure that you have read and agree with the most recent Terms when you use the Website. Continued use of the Website following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD IMMEDIATELY CEASE ACCESSING OR USING THE WEBSITE.
Access Outside Certain Countries
Although the Website is accessible worldwide, the services provided or accessed through or on the Website are not available to all persons or in all countries. If you choose to access the Website from outside of the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Website is not designed for use outside of the United States, and that some, or all, of the features of the Website may not work or be appropriate for use in such a country. To the extent permissible by law, we accept no responsibility or liability for any damage or loss caused by your access or use of the Website outside of the United States.
Ownership and Intellectual Property. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Website are owned by the Bonnie’s List or its affiliates or licensors. You are granted limited license only for purposes of viewing the material contained on the Website. Your possession, access to and use of the Website do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms.
Copyright/Trademark Information
All trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Bonnie’s List or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of the Bonnie’s List or such respective holders.
Certain Restrictions
By accessing the Website, you expressly agree not to do so in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy or other rights of any third party; or that violates any law, statute, ordinance or regulation or is otherwise illegal. Similarly, the rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website; (ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services; (iii) you agree not to access the Website in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services or any other system, device or property; (vi) you agree not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (vii) you agree not to access (or attempt to access) the Website by means other than through the interface that is provided by the Bonnie’s List; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Website.
Modification. We reserve the right, at any time, to modify, suspend or discontinue the Website or any part thereof with or without notice. You agree that the Bonnie’s List will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.
Third Party Links. We have not reviewed all of the websites linked to on the Website, and we are not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by the Bonnie’s List of such linked website. Use of any such linked website is done at your own risk.
Warranty Disclaimers
The materials on the Website are provided “as is.” We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site.
THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND THE BONNIE’S LIST AND OUR LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
THE BONNIE’S LIST MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BONNIE’S LIST OR THOUGH THE WEBSITE, SHALL CREATE ANY WARRANTY.
THE BONNIE’s LIST DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH, OR IN CONNECTION WITH, THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY SERVICES CONNECTED THROUGH ANY HYPERLINKED WEBSITE OR SERVICE. THE BONNIE’S LIST WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH SERVICES.
THE BONNIE’S LIST MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND THE BONNIE’S LIST WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE WEBSITE. THE BONNIE’S LIST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OFFERED OR PURCHASED THROUGH THE WEBSITE.
Limitation of Liability
In no event shall the Bonnie’s List, or any of its officers, directors and employees, be held liable for any damages (including any indirect, consequential or special damages) arising out of your use or inability to use the Website, even if we or such persons have been notified orally or in writing of the possibility of such damage whether such liability is under contract.
Indemnification
You hereby indemnify, defend, release and hold harmless the Bonnie’s List, and any of its officers, directors and employees, to the fullest extent permitted by law from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Digital Millenium Dopyright Act
If you are a copyright owner or an agent thereof and believe that any Website content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further details): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement is [Name, Address, Email Address, Phone Number]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to Police Priority customer service. You acknowledge that if you fail to comply with all the requirements of this Section 14(b), your DMCA notice may not be valid.
If you believe that any Website content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to post and use the material in your Website content, you may send a counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the Website content that has been removed, or to which access has been disabled, and the location at which the Website content appeared before it was removed or disabled; (iii) a statement that you have a good-faith belief that the Website content was removed or disabled as a result of mistake or misidentification of the Website content; and (iv) your name, address, cell phone number and email address, a statement that you consent to the jurisdiction of the applicable federal court, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Bonnie’s List may send a copy of the counter-notice to the original complainant informing that person that they may replace the removed Website content or cease disabling it in 10 working days. Unless the copyright owner files an action seeking a court order against the Website content provider, member or user, the removed Website content may be replaced, or access to it restored, in 10 to 14 working days or more after receipt of the counter-notice, at the Bonnie’s List’s sole discretion.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Governing Law & Jurisdiction. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Website shall be governed by the laws of the State of Delaware without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some states and countries may not apply Delaware law to some types of dispute. If you reside in one of those states or countries where Delaware law is excluded from applying, your state’s or country’s laws will apply.
