Terms of Use
1. Acceptance of Terms Through Use
By using our Site, you agree to all terms, conditions and notices contained or referenced
herein ("Terms"). We reserve the right, at our sole discretion, to change the Terms
at any time. By using our Site after changes have been made to these Terms, you
agree to the changes. Please check these Terms periodically for changes.
2. License and Proprietary Rights
We grant you a limited license to make personal use only of our Site. Such grant
does not include, without limitation: (a) any commercial use of the Site or content
therein; (b) derivative uses of our Site and its contents; (c) use of any data mining,
robots or similar data gathering and extraction methods or (d) reproduction, copying
or redistribution for commercial purposes of any materials or design elements of
our Site. Except as noted above, you are not conveyed any right or license by implication,
estoppel or otherwise in or under any patent, trademark, copyright or proprietary
right of our Company or any third party. Use of the content or materials for any
purpose not expressly permitted in these Terms is prohibited. We reserve the right,
without notice and in our sole discretion, to terminate your license to use our
Site and to block or prevent future access to and use of our Site.
3. Third-Party Web Sites
Our Site may provide links to third-party Web sites or resources. These other sites
are not under our control. You acknowledge and agree that we are not responsible
or liable for the availability, accuracy, legality, decency or any other aspect
of the content of such site or resources. The inclusion of such a link does not
constitute an endorsement by or imply an affiliation with our Company. You further
acknowledge and agree that we are not responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available on or through any
such site or resource. In addition, because such sites or resources are not governed
by our Terms, we encourage you to review the terms applicable to such sites or resources.
4. Disclaimers of Warranties
YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) OUR SITE, AND ITS CONTENTS AND SERVICES PROVIDED THEREIN ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE FUNCTION OF AND SERVICES PROVIDED ON OUR SITE
WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE (ii) DEFECTS WILL BE CORRECTED OR (iii)
OUR SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, INTEGRITY, QUALITY, COMPLETENESS,
RELIABILTY OF THE CONTENT OR RESULTS OF THE SERVICES IN OUR SITE, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT OR RESULTS WILL BE FREE OF MATERIAL
THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. WE DO NOT NECESSARILY ENDORSE THE
OPINIONS, IF ANY, SET FORTH IN THE CONTENT ON OUR SITE. IT MAY BE ADVISABLE TO ALSO
SEEK PROFESSIONAL ADVICE AND OPINIONS, AS APPROPRIATE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
5. Limitation of Liability
To the extent permitted by law, in no event shall we be liable for any direct, indirect,
consequential, incidental, special, exemplary or any other damages of any kind arising
out of or in any way connected with the use of our Site or the content or materials
contained in or accessed through our Site or any other linked site, even if we are
advised of the possibility of such damages. Your sole remedy is to discontinue your
use of our Site.
6. Privacy
Your privacy is important to us. All information gathered by us from you in connection
with your use of our Site will be governed by our Privacy Policy posted on our Site.
We do not control the privacy policies of those sites to which we link and, therefore,
we encourage you to review the privacy policies of those sites.
7. Indemnity
You agree to indemnify and hold harmless our Company and its affiliates, officers,
directors, agents, co-branders or other partners, employees and contractors from
all liabilities, claims, demands and expenses, including attorney's fees, arising
from your use or misuse of our Site, your violation of the Terms or your violation
of any rights of another.
8. General Information
These Terms constitute the entire agreement between you and us and govern your use
of our Site, superseding any prior agreements between you and us. You also may be
subject to additional terms and conditions that may apply when you use affiliate
services, third- party content or third-party software. These Terms and the relationship
between you and us will be governed by the laws of the State of Washington without
regard to its conflict of law provisions. The parties agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Seattle, Washington.
Our failure to exercise or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision. If any provision of these Terms
is found invalid or unenforceable, that provision will be enforced to the maximum
extent possible and the remaining provisions of these Terms will remain in full
force and effect.