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Our terms of use
What you can and can't do on Personal
Terms Of Use*
Summary
- You must be at least 18 years of age or have consent from an adult to use Personal.
- No part of Personal is directed to persons under 13. If you are under 13, then you may not join Personal.
- Personal is dedicated to protecting your privacy. Review our Privacy Policy. We’ve tried to make it easy to use.
- We occasionally link to other sites. While we take care in selecting them, we are not responsible for their content or data practices.
- We encourage you to review the Owner Data Agreement, which is the contract that makes you the legal owner of your personal data that you store in Personal.
- Perhaps it goes without saying, but we’ll say it anyway – Personal may only be used for lawful purposes.
Terms of Use
Last Revised: May 4, 2012
These Terms of Use (“Terms”) govern your access to and use of the Personal website and mobile website (the “Site(s)”), and service (the “Personal Service”) owned and operated by Personal, Inc. (“Personal”). By accessing the Sites or registering to use the Personal Service, you agree to be bound by these Terms.
Because our Sites and the Personal Service are always evolving, we may modify the Sites and/or the Terms from time to time without prior notice to you, so please check them periodically for modifications. If Personal materially changes the Terms, we will post the revised Terms and effective date on the Site. By using the Site or the Personal Service after any changes to the Terms, you agree to be bound by those changes. The provisions contained in these Terms supersede all previous notices or statements regarding Personal’s Terms. The Summary above is provided for your convenience, solely as a courtesy. If the Terms and the Summary ever conflict, the Terms shall prevail. Finally, if you choose to register for the Personal Service and become an Owner, in addition to agreeing to these Terms, you will also be required to agree to the terms and conditions of the Owner Data Agreement.
1. Who Can Use the Sites and the Personal Service
Personal provides you with access to and use of the Sites and the Personal Service subject to your compliance with the Terms. By using or submitting information through the Sites or the Personal Service, you represent that you are 18 years of age or older. If you are not at least 18 years of age, you may not use the Sites or the Personal Service without the express consent of an adult. Personal is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Sites or the Personal Service is directed to persons under 13. If you are under 13, then you may not register to use the Personal Service. If Personal discovers a person under 13 has registered for the Personal Service, Personal will delete the person’s account in accordance with the law.
We control and operate the Sites and the Personal Service from our offices and servers in the United States of America. The Sites and Personal Service are subject to and governed by the laws of the United States, and we do not represent that Personal is lawful, appropriate or available for use in other locations. By providing any personal information to Personal or otherwise using the Sites or the Personal Service, all visitors and registered users, including without limitation individuals in the European Union, acknowledge and hereby unambiguously consent to the collection and processing of such information in and transfer of it to the United States. If you do not agree, you may not use the Sites or the Personal Service. In addition, you agree to comply with all applicable laws, rules and regulations in connection with your use of the Sites and the Personal Service.
2. Prohibited Uses
The Sites and the Personal Service may be used only for lawful purposes. You are responsible for your own communications, including the import, input, transmission and posting of information, and are responsible for the consequences of doing so on or through the Sites and the Personal Service. You represent and warrant that you own or have the necessary rights in and to any and all content that you have uploaded or posted to the Sites or the Personal Service. Personal specifically prohibits any use of the Sites or the Personal Service for: (a) posting any (i) information which is incomplete, false, or inaccurate, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (iii) material that infringes on any other intellectual property, privacy, personality or publicity right of another, or (iv) material that promotes hate or violence, is related to illegal drugs or drug related paraphernalia, is pornographic or which would generally be considered obscene or indecent; (b) impersonating, intimidating or harassing another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information technology or software derived from the Site or the Personal Service in violation of U.S. export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Sites, the Personal Service or Personal’s other systems or network security, including, without limitation, the following: (w) accessing data not intended for users of the Sites or Personal Service, or gaining unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (y) attempting to interfere with the function of the Sites, or Personal Service host or network, including, without limitation, via means of submitting a virus to the Sites or Personal Service, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (z) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Sites’ or the Personal Service’s systems or network security may result in civil or criminal liability.
3. Privacy Policy
In the course of using the Sites and/or the Personal Service, you may be asked to provide certain information to us. These Terms and our Privacy Policy shall govern the use of any such information. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
4. Personal Proprietary Rights
The Sites and the Personal Service, including all contents, such as text, images, audio, and the HTML used to generate the pages (collectively, “Content”), are the property of Personal or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from the Sites or the Personal Service, in whole or in part, for any public or commercial purpose without Personal’s specific written permission. Personal hereby grants you a personal, non-exclusive, non-transferable license to access the Sites and the Personal Service, and to use the information available there, provided that you understand and agree that the access to and use of certain services may be subject to additional terms and conditions to which your consent will be required prior to being granted the right to access and use such services. Except as otherwise provided herein, use of the Sites and/or the Personal Service does not grant you a license to any Content, features or materials you may access on the Sites or the Personal Service. You hereby grant to Personal a non-exclusive, royalty-free license to use, store, reproduce and display any content you post on the Sites or with the Personal Service solely as reasonably necessary to operate the Sites and/or the Personal Service, and subject to the Terms, our Privacy Policy and Owner Data Agreement. As between you and Personal (or any other company whose marks appear on the Sites or the Personal Service), Personal (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Sites and/or the Personal Service, and is the copyright owner or licensee of the Content and/or information on the Sites and/or the Personal Service, unless otherwise indicated. In particular, the Personal logos and service names are trademarks of Personal (the “Personal Marks”). Without Personal’s prior express, written permission, you agree not to display or use Personal Marks in any manner. Nothing on the Sites or the Personal Service should be construed to grant any license or right to use any Personal Mark without the prior written consent of Personal. Personal Marks may be registered in the United States and internationally.
You may choose to or we may invite you to submit comments or ideas about the Site and/or the Personal Service, including without limitation about how to improve the Site and/or the Personal Service or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Personal under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting your submission, Personal does not waive any rights to use similar or related ideas previously known to Personal, or developed by its employees, or obtained from sources other than you.
5. DMCA Copyright Policy
A. Reporting Copyright Infringement
If you believe content posted on the Sites or through the Personal Service infringes a copyright that you own or for which you are an agent, you may send a notice of infringement pursuant to the Digital Millennium Copyright Act (“DMCA,” http://www.loc.gov/copyright/legislation/dmca.pdf) containing the following information:
Send your notice to the designated Copyright Agent: Personal, Inc., 1010 Wisconsin Ave., Ste. 150, Washington, D.C. 20007, copyright@personal.com. You acknowledge that, if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. Counter-Notice
If you believe you are the wrongful subject of a DMCA notice, you may send a counter-notice containing the following information to the Copyright Agent:
Upon receipt of a valid counter-notice, Personal may send a copy of it to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files a legal action relating to the allegedly infringing material, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Personal’s sole discretion.
C. Account Termination Policy
Personal will terminate a user’s access if, under appropriate circumstances, the user is determined to be a repeat infringer. Personal reserves the right to decide whether content violates these Terms for reasons other than copyright infringement, such as, but not limited to, other intellectual property violations, pornography, obscenity, etc. Personal may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user’s account for submitting such material in violation of these Terms.
6. Links from and to the Sites
Personal reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Sites, and to require termination of any such link to the Sites. You may be able to link to third party websites (“Linked Sites”) from the Sites. Linked Sites are not, however, reviewed, controlled or examined by Personal in any way, and Personal is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Personal’s endorsement of or association with the Linked Sites. In no event shall Personal be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
7. Disclaimer of Warranties
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PERSONAL DOES NOT WARRANT THAT THE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PERSONAL MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
8. Limitation of Liability and Indemnity
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PERSONAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF PERSONAL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PERSONAL HAVE ANY LIABILITY TO YOU FOR ANY DIRECT DAMAGES, WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, ARISING FROM THE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE. You agree to defend, indemnify and hold Personal, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Sites and/or Personal Service, your violation of these Terms or the posting or transmission of any materials on or through the Site and/or Personal Service by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
9. General Information
You agree that the laws of the state of Delaware, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Sites and Personal Service may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts of Wilmington, Delaware for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to Personal or the Site or Personal Service must be commenced within one (1) year after the claim or cause of action arose. The failure of Personal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign any of your rights or obligations under these Terms without Personal’s express written consent. These Terms inure to the benefit of Personal’s successors, assigns and licensees. The Terms constitute the entire agreement between you and Personal and govern your use of the Site and Personal Service, superseding any prior agreements between you and Personal. You also may be subject to additional terms and conditions that are applicable to certain parts of, or services offered on, the Site and/or Personal Service.
© Copyright 2012 by Personal, Inc. All rights reserved.
These Terms of Use (“Terms”) govern your access to and use of the Personal website and mobile website (the “Site(s)”), and service (the “Personal Service”) owned and operated by Personal, Inc. (“Personal”). By accessing the Sites or registering to use the Personal Service, you agree to be bound by these Terms.
Because our Sites and the Personal Service are always evolving, we may modify the Sites and/or the Terms from time to time without prior notice to you, so please check them periodically for modifications. If Personal materially changes the Terms, we will post the revised Terms and effective date on the Site. By using the Site or the Personal Service after any changes to the Terms, you agree to be bound by those changes. The provisions contained in these Terms supersede all previous notices or statements regarding Personal’s Terms. The Summary above is provided for your convenience, solely as a courtesy. If the Terms and the Summary ever conflict, the Terms shall prevail. Finally, if you choose to register for the Personal Service and become an Owner, in addition to agreeing to these Terms, you will also be required to agree to the terms and conditions of the Owner Data Agreement.
1. Who Can Use the Sites and the Personal Service
Personal provides you with access to and use of the Sites and the Personal Service subject to your compliance with the Terms. By using or submitting information through the Sites or the Personal Service, you represent that you are 18 years of age or older. If you are not at least 18 years of age, you may not use the Sites or the Personal Service without the express consent of an adult. Personal is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Sites or the Personal Service is directed to persons under 13. If you are under 13, then you may not register to use the Personal Service. If Personal discovers a person under 13 has registered for the Personal Service, Personal will delete the person’s account in accordance with the law.
We control and operate the Sites and the Personal Service from our offices and servers in the United States of America. The Sites and Personal Service are subject to and governed by the laws of the United States, and we do not represent that Personal is lawful, appropriate or available for use in other locations. By providing any personal information to Personal or otherwise using the Sites or the Personal Service, all visitors and registered users, including without limitation individuals in the European Union, acknowledge and hereby unambiguously consent to the collection and processing of such information in and transfer of it to the United States. If you do not agree, you may not use the Sites or the Personal Service. In addition, you agree to comply with all applicable laws, rules and regulations in connection with your use of the Sites and the Personal Service.
2. Prohibited Uses
The Sites and the Personal Service may be used only for lawful purposes. You are responsible for your own communications, including the import, input, transmission and posting of information, and are responsible for the consequences of doing so on or through the Sites and the Personal Service. You represent and warrant that you own or have the necessary rights in and to any and all content that you have uploaded or posted to the Sites or the Personal Service. Personal specifically prohibits any use of the Sites or the Personal Service for: (a) posting any (i) information which is incomplete, false, or inaccurate, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (iii) material that infringes on any other intellectual property, privacy, personality or publicity right of another, or (iv) material that promotes hate or violence, is related to illegal drugs or drug related paraphernalia, is pornographic or which would generally be considered obscene or indecent; (b) impersonating, intimidating or harassing another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information technology or software derived from the Site or the Personal Service in violation of U.S. export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Sites, the Personal Service or Personal’s other systems or network security, including, without limitation, the following: (w) accessing data not intended for users of the Sites or Personal Service, or gaining unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (y) attempting to interfere with the function of the Sites, or Personal Service host or network, including, without limitation, via means of submitting a virus to the Sites or Personal Service, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (z) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Sites’ or the Personal Service’s systems or network security may result in civil or criminal liability.
3. Privacy Policy
In the course of using the Sites and/or the Personal Service, you may be asked to provide certain information to us. These Terms and our Privacy Policy shall govern the use of any such information. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
4. Personal Proprietary Rights
The Sites and the Personal Service, including all contents, such as text, images, audio, and the HTML used to generate the pages (collectively, “Content”), are the property of Personal or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from the Sites or the Personal Service, in whole or in part, for any public or commercial purpose without Personal’s specific written permission. Personal hereby grants you a personal, non-exclusive, non-transferable license to access the Sites and the Personal Service, and to use the information available there, provided that you understand and agree that the access to and use of certain services may be subject to additional terms and conditions to which your consent will be required prior to being granted the right to access and use such services. Except as otherwise provided herein, use of the Sites and/or the Personal Service does not grant you a license to any Content, features or materials you may access on the Sites or the Personal Service. You hereby grant to Personal a non-exclusive, royalty-free license to use, store, reproduce and display any content you post on the Sites or with the Personal Service solely as reasonably necessary to operate the Sites and/or the Personal Service, and subject to the Terms, our Privacy Policy and Owner Data Agreement. As between you and Personal (or any other company whose marks appear on the Sites or the Personal Service), Personal (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Sites and/or the Personal Service, and is the copyright owner or licensee of the Content and/or information on the Sites and/or the Personal Service, unless otherwise indicated. In particular, the Personal logos and service names are trademarks of Personal (the “Personal Marks”). Without Personal’s prior express, written permission, you agree not to display or use Personal Marks in any manner. Nothing on the Sites or the Personal Service should be construed to grant any license or right to use any Personal Mark without the prior written consent of Personal. Personal Marks may be registered in the United States and internationally.
You may choose to or we may invite you to submit comments or ideas about the Site and/or the Personal Service, including without limitation about how to improve the Site and/or the Personal Service or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Personal under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting your submission, Personal does not waive any rights to use similar or related ideas previously known to Personal, or developed by its employees, or obtained from sources other than you.
5. DMCA Copyright Policy
A. Reporting Copyright Infringement
If you believe content posted on the Sites or through the Personal Service infringes a copyright that you own or for which you are an agent, you may send a notice of infringement pursuant to the Digital Millennium Copyright Act (“DMCA,” http://www.loc.gov/copyright/legislation/dmca.pdf) containing the following information:
- Identification of the work or material claimed to have been infringed.
- Identification of the material that is claimed to be infringing, including its location, with reasonably sufficient detail so that Personal can find it and verify its existence.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Send your notice to the designated Copyright Agent: Personal, Inc., 1010 Wisconsin Ave., Ste. 150, Washington, D.C. 20007, copyright@personal.com. You acknowledge that, if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. Counter-Notice
If you believe you are the wrongful subject of a DMCA notice, you may send a counter-notice containing the following information to the Copyright Agent:
- Identification and location of the content that has been removed or to which Personal has disabled access.
- A statement that, under penalty of perjury, you have a good faith belief that the content was removed or disabled as a result of mistake or misidentifying the content.
- A statement that you consent to the jurisdiction of the federal court in Washington, D.C., and that you will accept service of process from the person who provided notice of the alleged infringement.
- Your name, address, telephone number, and e-mail address.
- Your physical or electronic signature.
Upon receipt of a valid counter-notice, Personal may send a copy of it to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files a legal action relating to the allegedly infringing material, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Personal’s sole discretion.
C. Account Termination Policy
Personal will terminate a user’s access if, under appropriate circumstances, the user is determined to be a repeat infringer. Personal reserves the right to decide whether content violates these Terms for reasons other than copyright infringement, such as, but not limited to, other intellectual property violations, pornography, obscenity, etc. Personal may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user’s account for submitting such material in violation of these Terms.
6. Links from and to the Sites
Personal reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Sites, and to require termination of any such link to the Sites. You may be able to link to third party websites (“Linked Sites”) from the Sites. Linked Sites are not, however, reviewed, controlled or examined by Personal in any way, and Personal is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Personal’s endorsement of or association with the Linked Sites. In no event shall Personal be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
7. Disclaimer of Warranties
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PERSONAL DOES NOT WARRANT THAT THE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PERSONAL MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
8. Limitation of Liability and Indemnity
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PERSONAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF PERSONAL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PERSONAL HAVE ANY LIABILITY TO YOU FOR ANY DIRECT DAMAGES, WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, ARISING FROM THE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE. You agree to defend, indemnify and hold Personal, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Sites and/or Personal Service, your violation of these Terms or the posting or transmission of any materials on or through the Site and/or Personal Service by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
9. General Information
You agree that the laws of the state of Delaware, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Sites and Personal Service may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts of Wilmington, Delaware for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to Personal or the Site or Personal Service must be commenced within one (1) year after the claim or cause of action arose. The failure of Personal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign any of your rights or obligations under these Terms without Personal’s express written consent. These Terms inure to the benefit of Personal’s successors, assigns and licensees. The Terms constitute the entire agreement between you and Personal and govern your use of the Site and Personal Service, superseding any prior agreements between you and Personal. You also may be subject to additional terms and conditions that are applicable to certain parts of, or services offered on, the Site and/or Personal Service.
© Copyright 2012 by Personal, Inc. All rights reserved.
Our terms of use
