Effective Date: April 1, 2012
From time to time, Deadlines.com may provide you with free usage for promotional or other reasons. Deadlines.com reserves the right to limit the amount of and impose expiration dates on such usage.
Deadlines.com may revise this Agreement at any time by updating this posting. All versions of this Agreement are dated with the Effective Date (the date on which the version was posted to this website). Any use by you of the website after any such revisions are posted shall be deemed to constitute acceptance by you of such changes, and you should therefore periodically visit this page to review the then-current Agreement to which you are bound.
Deadlines.com may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features, at any time. Deadlines.com may also impose limits on features and services offered on the site, or restrict your access to all or any portion of the website, without notice or liability. Deadlines.com may terminate any rights granted pursuant to this Agreement at any time, which right shall include the right to credit your charge card for any fees collected and to terminate any license granted to you hereunder, and upon such termination, you shall immediately cease to use and destroy all materials from this website in your possession.
- Usernames and Passwords: From time to time, certain portions of this website will be accessible only after you have been issued a username and password, or a similar unique identifier. If we require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are solely responsible for ensuring that any use of this website by means of any username and password issued to you complies fully with the provisions of this Agreement. You are also solely responsible for protecting the confidentiality of any such username(s) and password(s). You agree to notify Deadlines.com immediately of any unauthorized use of your account or any other breach of security. Deadlines.com will not be liable for any losses or damages that you or any other person may incur as a result of someone else using your username and password, whether with or without your knowledge. In addition, you could be held liable for losses incurred by Deadlines.com or a third party due to someone else using your username and password and you agree to indemnify and hold harmless Deadlines.com and its employees, agents, officers, directors, members, managers and other affiliates from and against any claims, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising out of such use. Furthermore, you hereby acknowledge that Deadlines.com reserves the right to refuse service to, or terminate the account of, any person (including you) in its sole and absolute discretion.
- Conduct on Site: Subject to the terms and conditions set forth in this Agreement, Deadlines.com grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display this website and the information, materials, designs, text and images hereon (collectively, “Site Materials”). You may view and download the Site Materials only for non-commercial, personal use, or for your use in conducting business directly with Deadlines.com, provided that you do not delete or change any copyright, trademark or other proprietary notices contained in or on any of the Site Materials. Except as otherwise provided in this Agreement, you may not modify, publish, distribute, transmit, reuse, participate in the transfer or sale of, create derivative works from, or in any way otherwise exploit any Site Materials for any public or commercial purposes whatsoever without the express permission of Deadlines.com and, if applicable, the copyright owner of such Site Materials. Unauthorized use of any of the Site Materials is strictly prohibited and is a violation of the rights of Deadlines.com and/or third parties, including under copyright laws, trademark laws, and laws relating to publicity and privacy. You hereby acknowledge and agree that you will not acquire any rights, title or interest in or to any Site Materials by your use of the website or by viewing or downloading any such Site Materials.
- Information Provided by You: From time to time, this website may include features whereby you will be asked or permitted to transmit information to the website. You hereby agree that you will not upload, post or otherwise make available on the website any materials or information protected by copyright, trademark or other proprietary rights without the express permission of the owner of such rights, and the burden of determining that any such materials or information is not protected by any such rights rests solely with you. You will be solely liable for any losses or damages resulting from any infringement of copyrights, proprietary rights, rights relating to privileged or confidential information, or any other harm resulting from such a submission. By submitting any materials or information to this website, you automatically grant, and you represent and warrant that you have the right to grant, to Deadlines.com and its successors and assigns, or warrant that the owner of such material has expressly granted to Deadlines.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, transmit and distribute such materials or information, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology. You further acknowledge and agree that Deadlines.com is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Deadlines.com.
You hereby acknowledge and agree that you are prohibited from posting or transmitting any information or materials to Deadlines.com that is defamatory, threatening, obscene, harassing or otherwise unlawful. You shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, whether proprietary or otherwise, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You also acknowledge and agree that you shall not access or use this website in any manner which, in Deadlines.com’s sole discretion, restricts or inhibits any other person from using or enjoying the website, or which could damage, disable, impair or overburden the website in any way. You shall not attempt to gain unauthorized access to (i) any account of any other user of this website, (ii) any computer systems or networks connected to this website, or (iii) any materials or information not intentionally made available by Deadlines.com to you through the website by means of hacking, password mining or any other method whatsoever.
- Notice Specific to Software and Other Materials Available on This Website. Any Software that is made available for use, and any data, information or other materials that are made available to download (the “Downloaded Materials”), from this website is the copyrighted work of Deadlines.com and/or its suppliers. The License Agreement governs the use of the Software, Site Materials and Downloaded Materials made available on this website. You will not be permitted to download any Downloaded Materials from this website unless you first agree to the terms of the License Agreement. Any use, reproduction or redistribution of any Site Materials or Downloaded Materials not in accordance with the License Agreement is strictly prohibited, and violators will be prosecuted to the maximum extent possible. Furthermore, Downloaded Materials are warranted, if at all, only according to the terms of the License Agreement, and except as expressly set forth in the License Agreement, Deadlines.com hereby disclaims all warranties and conditions with regard to the Downloaded Materials, including all warranties and conditions, whether express, implied or statutory, of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. For your convenience, Deadlines.com may make available certain tools or utilities for use or download. Deadlines.com does not make, and hereby expressly disclaims, any representations, warranties or other assurances, whether express or implied, with regard to the accuracy of the results that you may obtain from such tools or utilities.
- Links to Other Websites. This website may contain links to other sites not operated by Deadlines.com, and those sites may not follow the same privacy policies as Deadlines.com. Hyperlinks to other sites are provided as a service to you and may not be sponsored by, endorsed or otherwise affiliated with the Deadlines.com website or with the products and services of Deadlines.com. Deadlines.com has not reviewed the sites linked to its website and is not responsible for the content of any third party sites or links to any other sites. Viewing all other sites is strictly at your own risk. If you click on an advertisement on the Deadlines.com website you may be taken from Deadlines.com to an entirely different website. This can include links from advertisers, content providers and partners of Deadlines.com who may use Deadlines.com’s logo and or style as a result of an agreement with Deadlines.com. These sites may send their own cookies to you, and may collect information and make uses of it that Deadlines.com would not.
- Trademarks and Other Materials. Deadlines.com’s website contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials (collectively “Trademarks”) owned and registered by an affiliate of Deadlines.com. The Trademarks displayed on the Deadlines.com website are the registered and unregistered Trademarks of an affiliate of Deadlines.com. Except as otherwise provided in this Agreement, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of this policy, Deadlines.com or its affiliate will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecutions. You should assume that all materials, designs, text and images contained in the website are either the copyrighted property of Deadlines.com, unless otherwise noted, or are the copyrighted property of third parties. Deadlines.com neither warrants nor represents that your use of any materials, designs, text and images displayed on the website will not infringe rights of third parties not owned by or affiliated with Deadlines.com.
- Content Accuracy and Errors. This website is provided by Deadlines.com on an “as-is” basis, and Deadlines.com makes no warranties or representations of any kind that the website will be uninterrupted or error-free, nor does Deadlines.com make any warranties or representations as to the accuracy, correctness, reliability, completeness or lack of viruses or otherwise with respect to information available on the website, and assumes no liability or responsibility whatsoever for any omissions or errors, (including, without limitation, typographical errors and technical errors) in or on this website, or with respect to any of the content, Services, Software, Downloaded Materials or Site Materials provided on this website.
- Liability Disclaimer. THE INFORMATION, DOWNLOADED MATERIALS, SITE MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DEADLINES.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE DEADLINES.COM WEBSITE AND TO THE INFORMATION THEREIN. DEADLINES.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. INFORMATION AND SERVICES RECEIVED THROUGH THIS WEBSITE ARE PROVIDED FOR RESEARCH AND REFERENCE USE ONLY. ANY INFORMATION RETRIEVED AS A RESULT OF YOUR USE OF SUCH SERVICES IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED AS A RESULT OF YOUR USE OF THE INFORMATION OR SERVICES AVAILABLE THROUGH THIS WEBSITE. ALSO, INFORMATION AND SERVICES RECEIVED THROUGH THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DEADLINES.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS COMPLETENESS OR ACCURACY OF THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE DEADLINES.COM WEBSITE FOR ANY PURPOSE. IN ADDITION, DEADLINES.COM MAKES NO REPRESENTATIONS THAT THE SERVICES, INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, AND RELATED GRAPHICS AVAILABLE THROUGH THIS WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES, INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, AND RELATED GRAPHICS AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER. DEADLINES.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT OR ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. FURTHER, DEADLINES.COM DOES NOT WARRANT THAT THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, DEADLINES.COM DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS OR THIS WEBSITE AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS. YOU SPECIFICALLY AGREE THAT DEADLINES.COM SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OR WITH DEADLINES.COM. YOU SPECIFICALLY AGREE THAT DEADLINES.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DEADLINES.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THIS WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL DEADLINES.COM AND/OR ITS SUPPLIERS AND BUSINESS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DEADLINES.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE DEADLINES.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, DOWNLOADED MATERIALS, SITE MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DEADLINES.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DEADLINES.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEADLINES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DEADLINES.COM WEBSITE.
- User Warranties and Indemnification. You hereby warrant the timeliness, accuracy and completeness of the information and materials that you deliver, send or submit to Deadlines.com arising out of or in any way connected with your use of this website and your use of the materials, software, information and services provided on this website. You agree that you shall be solely liable for any and all claims or losses of any nature (including reasonable attorneys’ fees) arising out of or in any way connected with the use of such information, services, software and materials by Deadlines.com or occasioned thereby. You hereby agree to defend, indemnify and hold harmless Deadlines.com and its employees, agents, members, managers, officers, directors and other affiliates, from and against all claims and expenses, including reasonable attorneys’ fees, arising out of your use of this website or your account, or from any breach of any term or condition of this Agreement, or any inaccuracy or omission of any representation or warranty by you set forth in this Agreement or the License Agreement, as the case may be.
- International Users. The Deadlines.com website is controlled, operated and administered by Deadlines.com solely within the United States. Certain of the materials, software, information and services available on or through this website are designed for use solely in the United States. Deadlines.com makes no representations or warranties that such materials, software, information or services are appropriate or available for use in locations outside of the country for which their use is intended, and access to them from territories where their contents are illegal is prohibited. You are prohibited from using this website or exporting any materials, software, products or services available on or through this website in violation of U. S. laws and regulations and any other applicable laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. The federal and state courts located in the County of Los Angeles, in the State of California, shall have exclusive jurisdiction and venue with respect to all actions, claims and proceedings arising out of or relating to this Agreement, or its enforcement. You hereby waive any right to commence, defend, or prosecute any claim, action or proceeding in any other venue or jurisdiction, or to seek dismissal of any action, claim or proceeding in the County of Los Angeles, in the State of California, on the basis of improper venue, forum non conveniens, in the interests of justice, or otherwise. You further agree that, in addition to any other rights or remedies, Deadlines.com shall have the right to bring an action to enforce the terms of this Agreement by decree of specific performance without being required to prove actual damages, post bond or furnish other security, and you hereby agree to waive any and all defenses against any such action for specific performance based on the grounds that there is an adequate remedy for money damages available. In the event that any portion of this Agreement is found to be invalid or otherwise unenforceable, this Agreement shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable provision of this Agreement shall be construed as narrowly as possible in order to give maximum effect to as much of this Agreement as possible. No waiver by Deadlines.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.