Revised October 15, 2013
2. GOVERNING LAW
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
3. USE OF THE WEBSITE
You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using the Website. The Website may contain links to other Internet Websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. Platfora is not responsible for either the availability of these outside resources or their content, including for any services you may obtain by contacting any person as a result of use of the Website or the features hereof. Platfora may, but is not obligated to, monitor your use of the Website.
4. INTELLECTUAL PROPERTY
The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and any and all of Platfora’s legal legends are retained. You may not “mirror” any content contained within this Website without the express prior written consent of Platfora. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Platfora or the appropriate copyright owner. Platfora does not grant you any licenses, express or implied, to the intellectual property of Platfora or its licensors except as expressly stated in this Agreement.
5. TRANSMISSION OF CONTENT
6. INTERNATIONAL USE
This Website is controlled and operated by Platfora from within the United States. Platfora makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
8. DISCLAIMER OF WARRANTIES
EXCEPT AS SPECIFICALLY STATED ABOVE OR AS REQUIRED BY LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS OBTAINED AND PERFORMANCE OF THE WEBSITE IS ASSUMED BY YOU, AND PLATFORA ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE WEBSITE.. No Platfora agent or employee or third party is authorized to make any modification or addition to this warranty.
You agree to indemnify and hold Platfora and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website.
PLATFORA, the Platfora Logo, and other Platfora logos and product names are or may be trademarks of Platfora (the "Platfora Marks"). You may not display or use the Platfora Marks in any manner.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL PLATFORA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE WEBSITE, EVEN IF PLATFORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLATFORA’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO PLATFORA FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by Platfora at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Agreement. By using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
13. TERM AND TERMINATION
This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.
The state or federal courts sitting in San Mateo County, California shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.