2. Personal Use. The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Sitening, LLC reserves the right to refuse service to anyone at any time without notice for any reason.
3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement, which acceptance is confirmed by your clicking below. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Sitening, LLC in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this agreement, and may subject you to state and federal penalties and other legal consequences. Sitening, LLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4. Content of the Service. Sitening, LLC takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Sitening, LLC have any obligation to monitor such third party content. Sitening, LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Sitening, LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Sitening, LLC, its users and the public. Sitening, LLC will not be responsible or liable for the exercise or non- exercise of its rights under this agreement.
5. Intellectual Property Rights. You acknowledge that Sitening, LLC owns all right, title and interest in and to the Service, including without limitation all intellectual property rights including, but not limited to, any and all text, graphics, software, data, information, images, music, sound, video, audiovisual works, and data associated with the Service (the “Sitening, LLC Rights”), and such Sitening, LLC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device to monitor or copy any content from the Service. The Sitening, LLC Rights include rights to (i) the Service developed and provided by Sitening, LLC; and (ii) all software associated with the Service. The Sitening, LLC Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. Sitening, LLC does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Raven account. We will not use any of your content for any purpose except to provide you with the Service.
6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Sitening, LLC to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
8. Advertisements. As consideration for using the Service, you agree and understand that Sitening, LLC may display ads and other information adjacent to and related to the content of your data.
9. Indemnification. You agree to hold harmless and indemnify Sitening, LLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Sitening, LLC will provide you with written notice of such claim, suit or action.
10. Choice of Law; Jurisdiction. This agreement will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Davidson County, Tennessee, and you consent to the jurisdiction of such courts.
11. Disclaimer of Warranties. Sitening, LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Sitening, LLC Service results. Sitening, LLC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Sitening, LLC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Sitening, LLC Service.
12. THE SITENING, LLC SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SITENING, LLC SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SITENING, LLC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SITENING, LLC DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITENING, LLC SERVICE. SITENING, LLC DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITENING, LLC SERVICE. SITENING, LLC DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITENING, LLC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITENING, LLC SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITENING, LLC SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITENING, LLC SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SITENING, LLC BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITENING, LLC SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SITENING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITENING, LLC SERVICE, FROM INABILITY TO USE THE SITENING, LLC SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITENING, LLC SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITENING, LLC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITENING, LLC SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITENING, LLC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITENING, LLC SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITENING, LLC SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITENING, LLC SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Sitening, LLC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
14. Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Sitening, LLC.
To the maximum extent possible, each provision of this agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Sitening, LLC reserves the right to modify these terms and conditions without notice to you, and your continued use of the Service after such modifications will make such modifications binding on you.
15. Linking and Framing. Except where expressly prohibited herein, you may provide a link from a web site operated by you directly to the home page offering the Service. Without Sitening, LLC’s express written permission, you may not (i) link to any page other than the home page (i.e. a “deep link”), (ii) link to any part of the site hosting the Service through the use of frames, inline links or any similar technology whereby the Service will be displayed without leaving the linking web site, (iii) use any intellectual property of Sitening, LLC as part of a link, and/or (iv) intentionally or unintentionally create any link implying that an endorsement or affiliation with Sitening, LLC exists when that is not the case.