Use and Restrictions
You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose, unless CouldB has granted You a written license expressly permitted such use. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity. The prohibited uses expressly include but are not limited to sampling, re-arranging, ìscreen scrapingî, ìdatabase scrapingî and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
CouldB, including, without limitation, directors, officers, agents, employees, licensees, its independent contractors, writers, and sales people are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with You. You further agree that CouldB, its independent contractors, writers, and sales people shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content unless otherwise set forth in a written agreement signed by CouldB.
Intellectual Property Rights
The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the exclusive property of CouldB. The Website and all of the Content are protected by intellectual property rights owned by CouldB. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content or set forth in any applicable statute or regulation.
Certain names, the content graphics, logos, icons, designs, words, titles and phrases on the Website constitute trademarks (whether registered or unregistered), trade names, service marks, or other intellectual property of CouldB, its independent contractors, writers, and sales people (the ìCouldB IPî) or third parties (the ìThird Party IPî). CouldB is, and at all times remains, the sole owner of the CouldB IP.
The display of the Content, the CouldB IP and the Third Party IP on the Website does not convey, grant, or create any license or other rights in and to any of the Content, the CouldB IP or the Third Party IP. You acknowledge and agree that You do not acquire:
- Any ownership rights in any of the Content, the CouldB IP or the Third Party IP;
- Any right to use any of the Content, the CouldB IP or the Third Party IP for any commercial purposes including sale, resale, license or sublicense; or
- Any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, unless CouldB has granted You a written license expressly permitted any of such, the COULDB IP or the Third Party IP.
Use of any of the Content, the CouldB
IP or the Third Party IP, without the prior written consent of CouldB, is
Third Party Websites and Content Linked to the Website
The Website may contain links to third party websites or content posted on third party websites (the ìLinksî). CouldB provides the Links only as a convenience to help You identify and locate other Internet resources that may be of interest. You acknowledge that in providing the Links CouldB:
- Does not endorse any third party website or content accessible via the Links;
- Does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
- Does not make any representation or warranty of any kind regarding the Links;
- Is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
- is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that You are solely responsible for:
- taking all protective measures to guard against viruses and other destructive elements;
- abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
- evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website
on Third Party Websites
If You want to include a link to the Website on your website (the ìThird Party Linkî), You must:
- provide CouldB notice describing the nature and features of your website, why you desire to have such a link, and the proposed appearance and location of the Third Party Link; and
- if CouldB desires to establish the Third Party Link with you, it shall present you with a written agreement setting forth the terms and abide by any terms and conditions required by CouldB.
CouldB may at any time, in its sole and
absolute discretion, revoke its consent to establish a Third Party Link, with
or without cause, upon reasonable notice to You. Upon exercise of this right by
CouldB, You must immediately remove all of your links to the Website and must
cease all use of the CouldB IP. If You refuse or neglect to remove all of your
links to the Website or to cease using the CouldB IP, You acknowledge that such
refusal or neglect will result in immediate and irreparable damage to CouldB
and that CouldB shall be entitled to relief in the way of temporary and
permanent injunctions and such other further relief as a court may deem just
CouldB is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password
Certain Content on the Website may require registration, payment for use, or subscription. Should You choose to register, purchase, or subscribe for any such Content, You agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and
- all activities that occur under your account or password.
You further agree to:
- notify CouldB immediately of any unauthorized use of your password or account; and
- ensure that You log out of your account and close your browser window upon completing your use of the Website.
CouldB shall not be responsible or
liable, directly or indirectly, in any way for any loss or damage of any kind
incurred as a result of, or in connection with, your failure to comply with
Content Supplied by Users
The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, content on the Website and that may or may not be viewed by You or other users. You agree not to post and/or store any content on the Website that:
- defames, libels, abuses, harasses, threatens or otherwise violates the legal rights of third parties;
- is protected by intellectual property rights owned by third parties without the express permission from the owner (and written notification to CouldB indicating your intent to post which shall not occur until CouldB has given you its written permission in each instance) or rights holder;
- solicits passwords or personal identifying information from any user;
- contains a virus or other harmful component or creates a virus or other harmful component;
- impersonates another individual or entity or implies an affiliation with, agent of, or endorsement by, CouldB, its franchisees, brokers or sales people;
- contains advertising or which engages in commercial activities and/or sales; or
- disseminates promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
You agree that all communications sent
by You or Content provided by You are on a non-confidential and non-proprietary
basis. You acknowledge that the Website is not a secure medium for
communication except where indicated. You agree that CouldB is free to use your
communications and Content including, without limitation, any ideas,
inventions, concepts, techniques or know-how disclosed therein, for any purpose
including, without limitation, developing, manufacturing and/or marketing goods
and services. You grant CouldB a sub-licensable, perpetual, non-exclusive,
worldwide, royalty-free license to link to, use, copy, display, disseminate,
reproduce, transmit, modify and prepare derivative works of, any communications
sent by You or content provided by You. CouldB agrees to use all of your
You agree not to assert any ownership right of any kind in your communications and content (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract). You hereby waive the right to receive any financial or other consideration in connection with your communications and content including, without limitation, acknowledgement of You as the source of such communications and content. You acknowledge that You, not CouldB, have full responsibility for your communications and content, including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership. You agree to pay for all royalties, fees, damages and any other monies owing any third party by reason of any posting and/or storage of content by You on the Website.
CouldB may investigate, review or monitor content that is posted and/or stored on the Website. However, CouldB is under no obligation to do so and will not assume liability or responsibility for any content posted and/or stored by users on the Website. CouldB has the right to refuse, move or remove any content that is posted and/or stored by users on the Website without notice, without cause and for any reason. CouldB may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CouldBís discretion, CouldB will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
You expressly understand and agree that:
- The Website, the Content and the Links are provided on an “AS AVAILABLE” basis.
- Any use of, or reliance on, the Website, the Content and/or the Links is at your sole risk.
- COULDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, LICENSEES, ITS INDEPENDENT CONTRACTORS AND SALES PEOPLE DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
- WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
- IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
- WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;
- WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
- WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL COULDB, ANY OF ITS INDEPENDENT CONTRACTORS, SALES PEOPLE, AFFILIATES, SUBSIDIARIES OR LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
You represent and warrant that:
- You are an individual and over the age of majority in the jurisdiction in which You are resident.
- You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
- The posting and/or storage of your content on the Website does not violate the privacy rights, publicity rights, patent rights, trademark rights, copyrights, contract rights or any other rights of any third party.
You agree to defend, indemnify and hold harmless each of CouldB, its independent contractors, sales people, affiliates, subsidiaries and licensors and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- 2. your access to, use of, or reliance on the Website and/or any of the Content, and/or any of the Links; or
- 3. your communications or dealings with any third parties mentioned on the Website.
Changes to the
CouldB may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. CouldB reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.
Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the State of California and the federal laws of the United States of America applicable therein. CouldB and You each agree to submit to the exclusive jurisdiction of the courts of the State of California and to waive any objections based upon venue. You expressly acknowledge and agree that Your sole remedy for any such breach or alleged breach of this Agreement shall be an action at law for monetary damages and in no event shall You seek or be entitled to any equitable relief including, without limitation, injunction and/or rescission. Privacy
You acknowledge and agree that CouldB may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
- your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
- any of your registrations or subscriptions with the Website.
Upon suspension or termination, CouldB
may remove and discard any content related to You or your use of the Website
and You must discard any link You maintain from your website to the Website.
You agree that CouldB will not be liable to You or any other individual or
entity as a result of any such suspension or termination.
25876 The Old Road - Ste. 58
Stevenson Ranch, CA 91381
(661) 253- 4432