These Terms of Service (“Terms”) govern your access to and use of the Site and any related features, tools, content, communications, and services we provide (collectively, the “Services”).
1) Acceptance Required Before Account Creation
You must accept these Terms to create an account. By clicking “I Agree,” creating an account, or otherwise accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not create an account and do not use the Site or Services.
If you use the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2) Electronic Communications; E-Sign Consent
You consent to receive communications and notices from us electronically (for example, by email, through the Site, or by posting notices on the Site). You agree that your electronic assent (including clicking “I Agree”), clicks, and acknowledgments constitute your signature and acceptance of these Terms.
3) Privacy
Your use of the Site is subject to our Privacy Policy.
By creating an account or using the Site, you consent to our collection and use of information as described in the Privacy Policy.
4) Eligibility
You must be at least [18] years old (or the age of majority where you live) to create an account and use the Site.
5) Accounts and Security
To access certain features, you may need an account. You agree to:
- Provide accurate, complete information and keep it up to date.
- Keep your credentials confidential and not share your account.
- Be responsible for all activity under your account.
We may require verification of information or account ownership. We may reclaim usernames (for example, due to inactivity, confusion risk, or trademark concerns). We may suspend access to investigate suspected misuse or to protect the Site, users, or our systems.
6) Acceptable Use
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Break any law or regulation, or violate others’ rights (including privacy, publicity, and intellectual property rights).
- Upload, transmit, or distribute malware, spyware, or other harmful code.
- Attempt to gain unauthorized access to the Site, accounts, systems, or data, or to bypass security or rate limits.
- Use bots or automated means to access the Site in a manner that disrupts the Site, scrapes content at scale, or circumvents access controls.
- Interfere with or disrupt the Site, including overloading, flooding, or probing systems without permission.
- Impersonate any person or entity, or misrepresent your affiliation.
- Submit or upload content you do not have the right to use, including others’ personal data without authorization.
7) User Content
“User Content” means any content you submit, upload, post, or otherwise make available through the Site.
7.1 Ownership
You retain ownership of your User Content. We do not claim ownership of it.
7.2 License to Operate the Site
You grant us a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers), and transferable license to host, store, reproduce, modify (for formatting/technical purposes), display, distribute, and otherwise use your User Content only to operate, maintain, improve, secure, and provide the Site and Services, and to comply with law.
7.3 Your Responsibilities
You represent and warrant that:
- You have all rights necessary to provide the User Content and to grant the license above.
- Your User Content does not violate law or third-party rights.
- You will not submit confidential or proprietary information you do not have authorization to share.
7.4 Moderation and Removal
We may review, remove, or restrict access to User Content at any time if we believe it violates these Terms, is harmful, or creates risk for us or others. We are not obligated to monitor all content.
8) Intellectual Property
The Site and all content on it (excluding User Content) including text, graphics, logos, design, and software are owned by us or our licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose, subject to these Terms. No other rights are granted.
9) Feedback
If you provide suggestions, ideas, or feedback about the Site (“Feedback”), you grant us a perpetual, worldwide, irrevocable, royalty-free right to use, modify, and incorporate that Feedback for any purpose without compensation or attribution.
10) Third-Party Links and Services
The Site may link to or integrate with third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and governed by their terms.
11) Paid Features (If Applicable)
Some features may require payment. Pricing, billing frequency, renewal terms, and plan features are shown at checkout or on the pricing page. You authorize us (and our payment processors) to charge your payment method. Fees are non-refundable except as required by law or as expressly stated in a written refund policy. You are responsible for applicable taxes.
12) Disclaimer
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE OR AVAILABLE.
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF: (A) $[100], OR (B) THE AMOUNT YOU PAID US (IF ANY) IN THE [3/6/12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the fullest extent permitted by law.
14) Indemnification
You agree to indemnify and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or Services, (b) your User Content, or (c) your violation of these Terms or law.
15) Suspension and Termination; Data Retention
We may suspend or terminate your access to the Site or Services at any time if we believe you violated these Terms, if required by law, or to protect the Site, users, or our systems. You may stop using the Site at any time.
Upon termination, your right to use the Site ends immediately. We may delete or anonymize your account and User Content after termination, and we may retain certain information as required by law, for legitimate business purposes (such as security, fraud prevention, dispute resolution, and enforcing agreements), or as described in the Privacy Policy.
Sections that by their nature should survive termination will survive, including Sections 8–20.
16) Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including internet or hosting outages, third-party provider failures, acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, or governmental actions.
17) Changes to the Site or Terms
We may update the Site and these Terms from time to time. We will post updated Terms and revise the Effective Date. If changes are material, we may provide additional notice. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms.
18) Governing Law and Venue
These Terms are governed by the laws of the State of Florida, excluding conflict-of-law rules. Any dispute arising out of or related to these Terms, the Site, or the Services will be brought exclusively in the state or federal courts located in Florida, and you consent to jurisdiction and venue there.
19) Miscellaneous
- Entire Agreement: These Terms and any referenced policies are the entire agreement regarding the Site and Services.
- Severability: If any provision is unenforceable, the remaining provisions remain in effect.
- No Waiver: Failure to enforce any provision is not a waiver.
- Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.