SWITCH Inc, d/b/a SWITCH Modern ("SWITCH Modern") PROVIDES THIS INTERNET SITE ("Site") AND RELATED PRODUCTS AND SERVICES SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE, AS AMENDED FROM TIME TO TIME (the "Terms"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1. Acceptance. Each time you use or cause access to this Site, you are agreeing to be bound by these Terms.
2. Our Service. The owners of this Site exclusively reserve the right and may, at any time and without notice and any liability to you (i) modify or discontinue this Site and any product or service hereunder, or your individual access to this Site, and part thereof, or services thereunder, whether temporarily or permanently, and (ii) delete in whole or in part any data you provide, whether temporarily or permanently. SWITCH Modern is not responsible or liable for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information on this Site or for your inability to access such date or information.
3. Web Copyright Information. Except where indicated, all pages within this Site are the property of SWITCH Modern or its affiliates, and all such content is Copyright © 2009 by SWITCH Inc. No portion of the materials on such pages may be reprinted or republished in any form without the express written permission of SWITCH Modern or the respective affiliate, as applicable.
4. Trademark Notice. "SWITCH Modern" and the "SWITCH Modern" logo are trademarks and service marks of SWITCH Inc. All other trademarks, service marks, and logos used in this Site are the trademarks, service marks, or logos of their respective owners.
5. Registration. Parts of our Site may require you to register. When you register, you will provide truthful, accurate, and complete information. By registering, you represent and warrant to SWITCH Modern that you are at least eighteen (18) years old. You are solely responsible for (a) maintaining the confidentiality of your password, (b) for all uses of this Site by any person who logs on under your registration, user account, or password, whether authorized or unauthorized by you. You shall immediately notify us of any unauthorized use of your registration, user account, or password.
7. Your Conduct. All information or data of any kind ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used when providing the Content. When you use this Site or any service provided, you shall not (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, to others, or is designed to or does interfere or interrupt this Site or any service provided, or is infected with a virus or other destructive or deleterious programming routine, or gives rise to civil or criminal liability, or which may violate an applicable local, national, or international law, including laws relating to copyrights, trademarks, patents, or trade secrets; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; or (d) provide or use this Site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.
By providing any Content to our Site: (a) you warrant and represent that you have all legal rights that are associated with the Content; (b) you grant SWITCH Modern a worldwide, royalty-free, non-revocable, non-exclusive license and any other necessary right to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations of, in whole or in part, such Content, which license and any other right shall apply regarding any form, media, technology now known or later developed; and (c) we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any such Content at any time and for any or no reason, with or without notice.
8. Third Party Services. Goods and services of third parties may be advertised or made available on or through this Site. Representations made regarding such third party products and services provided are governed by the policies and representations made by said third parties. SWITCH Modern shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties or use of such goods and services.
9. Indemnification. You hereby irrevocably indemnify and hold us and our affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders ("Indemnitees") harmless from any claim or demand, including those for reasonable attorney's fees, that may be made by any third party and that is due to or arising out of your conduct or connection with this Site or service, your provision of Content, your violation of these Terms, or any other violation by you of the rights of another person or party.
10. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," AT YOUR OWN RISK, AND WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
THE INDEMNITEES ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SITE-RELATED SERVICES OR CONTENT IS TO STOP USING THE SITE AND SUCH SERVICES.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. NEITHER WE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE, AND YOUR USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (a) THE USE OF OR THE INABILITY TO USE THE SITE OR SERVICE, (b) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SITE OR SERVICE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE, OR (e) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
SWITCH Modern makes no guaranties as to the correctness or accuracy of the Site or the Content. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, you may inform SWITCH Modern so that it can be corrected.
Some jurisdictions may not allow disclaimers of implied warranties; therefore, some or all of the above disclaimers may not apply to you.
11. Reservation of Rights. We are not providing you with any implied or expressed licenses or rights by making this Site or the services available to you. You will have no rights to make any commercial uses of our Site or service without our prior written consent.
12. Applicable Law/Jurisdiction. These Terms, and any dispute arising out of or related to your use of this Site or the services, shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflicts of law provisions. All disputes arising out of our related to these Terms, the Site, or the services shall be exclusively subject to the jurisdiction and venue of the state and federal courts sitting in the County of Fulton, in the State of Georgia, USA, and you irrevocably waive any objection to such jurisdiction and venue, including those based on forum non conveniens. In any related action, the prevailing party will be entitled to costs and attorneys' fees.
13. Miscellaneous. The failure of either party to assert any right under these Terms shall not he considered a waiver of any that party's right, and that right will remain in full force and effect. These Terms, and the provisions incorporated by reference herein, constitute the entire agreement between the parties pertaining to the subject matter hereof, and any and all prior written or oral agreements existing between the parties are expressly canceled. SWITCH Modern may alter these Terms by posting notice of such modification on a page of the Site entitled "Legal Notices," "Legal Information," "Terms and Conditions", or “Company Policy” (or similar title) before the alteration takes effect. Any claim or cause arising out of this Site or the services must be filed by you within one year after such claim or cause arose, otherwise the claim shall be forever barred. SWITCH Modern may assign its rights and obligations under these Terms, upon which SWITCH Modern shall be relieved of any further obligation. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
All logos and trademarks in this site are property of their respective owner. Content on this site Copyright © SWITCH Inc 2009.