Website Terms and Conditions

The following terms and conditions (collectively the “Terms”) govern your use of and access to this website, and all pages and links connected thereto or found thereon (the “Website”). Please read these Terms carefully. By accessing and/or using this Website, you are agreeing to all Terms and creating a binding contract with Connectria Corporation, a Missouri corporation, upon which Connectria will rely. If you are unable or unwilling to accept the Terms and enter into such a binding contract, then you must not use or access this Website.

As used herein, “you” and “your” refers to each person who visits, accesses, contributes to, posts or transmits information on or otherwise uses this Website.

“we”, “us”, “our” and “Connectria” refers to Connectria Corporation and its affiliates, subsidiaries, related companies and business units.

We may modify (including adding and/or deleting) the Terms at any time or terminate this website at any time, in our sole discretion. You should periodically revisit this page to ensure that you are aware of the most current Terms. You acknowledge and agree that by continuing to access this Website after the Terms have been modified you are accepting and agreeing to such modified Terms, and we shall not be liable to you for any such modification or termination.

1. USE OF WEBSITE.

You hereby represent, warrant and covenant to Connectria that (i) your use of the Website is for your personal use only, and not a commercial use; (ii) all information, data, graphics, videos, photos, audio files, testimonials, text, links and all other materials (collectively, “Content”) posted, contributed, uploaded, submitted or otherwise transmitted by you (“Your Content”) will (a) be true, accurate and lawful; (b) not violate any third party’s proprietary or intellectual property rights, including but not limited to trademark, copyright, patent and other intellectual property rights; (c) not be threatening, libelous, defamatory, fraudulent, obscene, pornographic, suggestive, harassing; (d) not violate any contractual obligation you may have with a third party; and/or (e) not be any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to a civil liability, or otherwise violate any law, rule or regulation.

You are solely responsible for Your Content and all risks associated therewith, including any liability that may be incurred by you due to same. You agree that Your Content relates only to you and not to any third person, which includes but is not limited to your family members. Your use of the Website is at your own risk. We reserve the right, at any time and in our sole and absolute discretion, to remove any Content which you contribute, post, upload submit or otherwise transmit to or through the Website, and further ban your use of and/or access to the Website.

2. OWNERSHIP.

With the exception of Your Content, Content submitted by other users and the Content of third party content providers (the rights to which are licensed to us or such third party content providers), Connectria wholly owns all right, title and interest in and to the Website and the Content found on the Website, including but not limited to trademarks, tradenames, graphics, data, source code, interfaces, software and all other content found on the Website (“Our Content”). Connectria owns all copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (“IP Rights”) thereto, as well as all IP Rights in and to the selection, coordination and arrangement of the Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right for any person to use any of Our Content. Accordingly, you have no right to use, create, distribute or otherwise disseminate any of Our Content without our prior express written consent, which may be withheld in our sole discretion.

3. USE OF WEBSITE.

You may not use or access the Website in any way or for any purpose not in accordance with the Terms. You may not, in whole or in part, sell, reproduce, publish or redistribute in any medium, whether directly or indirectly, all or any part of the Website or Our Content for any purpose – commercial, non-commercial or otherwise. Unauthorized use of the Website and/or Our Content may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in any Content. The use of such Content on any other website or in any environment of networked computers is strictly prohibited.

By uploading, posting, contributing, submitting or otherwise transmitting Your Content to the Website, you automatically grant to Connectria a perpetual, royalty-free, assignable, sub-licensable, irrevocable, worldwide, non-exclusive license to use Your Content in any way we deem proper, including but not limited to, reproducing, publicly displaying, modifying, storing, creating derivative works from, and/or distributing Your Content (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed by us or by third parties on our behalf, or by other parties in their own media platform, as if Your Content were information in the public domain. You similarly grant the same rights to any other user of the Website, including but not limited to the right to download, store, manipulate, view, print and display Your Content for that user’s personal use. You hereby expressly waive any and all claims or assertions you may have against us or another user or third party for the use of Your Content in any form or fashion.

Your use of the Website shall only be for lawful purposes, and you shall not, and you shall not encourage or enable others to, use the Website (i) for illegal or immoral purposes; (ii) to stalk, harass, threaten or disseminate personal information about others; (iii) to violate the rights, whether IP Rights or otherwise, of others, (iv) to solicit the information, including but not limited to personally identifiable information and passwords, of others, including minors, (v) promote your or another person’s business; (vi) to contribute or transmit false, fraudulent or libelous information; (vi) upload, disseminate, or transmit any virus, worm, malware, spyware, or trojan horse to us or any other user; and/or (vii) to violate any laws, rules or regulations.

You shall not, any you shall not encourage or enable others to, (i) violate the Terms, (ii) mine for data on other users or to compile any database based on the Content, (iii) remove, alter or modify any of the Content on the Website; (iv) reverse engineer any part of the Website or the Content; (v) gain or attempt to gain unauthorized access to the Website or any of our other websites; (vi) overload our system or take any actions to impose a large load or unusual traffic demands on our infrastructure; (vii) alter, amend or interfere with any security features on the Website or on any other website; or (viii) use any automated application or device to index, scrape, access or index any part of the Website or the Content.

4. AGE AND RESPONSIBILITY.

You represent that you are of sufficient legal age and capacity to use the Website, to create a binding legal obligation with us, and to incur any liability as a result of your use of the Website. You understand that you are solely responsible, financially and otherwise, for all uses of the Website by you and those using your login information.

5. PRIVACY.

You have read and understand Connectria’s Privacy Policy (“Privacy Policy”), the terms of which are incorporated herein, and you hereby accept and agree to be bound by such Privacy Policy, and acknowledge the reasonableness of same. You consent to the use of your personal information by Connectria and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

6. NO WARRANTIES AND LIMITATION OF LIABILITY.

Your access and/or use of the Website constitutes your acknowledgement that you have read and understand the terms of this Section 6, and that you agree to same. Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of the Website or any Content found on or obtained through the Website.

THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED ON AN “AS-IS, WHERE IS” AND “WITH ALL FAULTS” BASIS, AND NEITHER CONNECTRIA NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, OR ANY OF SUCH PARTY’S OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THE LIKE (COLLECTIVELY THE “CONNECTRIA PARTIES”) MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. WE MAY NOT MONITOR OR CONTROL THE CONTENT POSTED, UPLOADED, OR OTHERWISE TRANSMITTED BY OTHER USERS, AND NONE OF THE CONNECTRIA PARTIES SHALL BE LIABLE TO YOU FOR ANY SUCH CONTENT. WE RESERVE THE RIGHT TO, BUT WE DON’T HAVE ANY OBLIGATION TO , REVIEW, MODIFY OR DELETE ANY CONTENT WHICH WE BELIEVE , IN OUR SOLE DISCRETION, (A) VIOLATES ANY OF THE TERMS, OR (B) WHICH WE DEEM INAPPROPRIATE.

CONNECTRIA, ON BEHALF OF ITSELF AND EACH OF THE CONNECTRIA PARTIES, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT CONNECTRIA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WITH RESPECT TO THE WEBSITE AND THE CONTENT THEREON. FURTHERMORE, CONNECTRIA, ON BEHALF OF ITSELF AND EACH OF THE CONNECTRIA PARTIES, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND CONTENT THEREON. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN TO YOU BY ANY OF THE CONNECTRIA PARTIES SHALL CREATE ANY SUCH EXPRESS OR IMPLIED WARRANTY.  NONE OF THE CONNECTRIA PARTIES WARRANT THAT ACCESS TO, OR USE OF, THE WEBSITE WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR-FREE, OR THAT THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT THEREON) WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

7. LIMITATION OF LIABILITY.

USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OF THE CONNECTRIA PARTIES, OR ANY OF THEM, AND NONE OF THE CONNECTRIA PARTIES IS REQUIRED TO MONITOR THE USE AND ACCESS BY OTHER USERS TO ENSURE THAT SUCH OTHER USERS ARE NOT IN VIOLATION OF THE TERMS. ACCORDINGLY, CONNECTRIA WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY YOU DUE TO THE CONTENT OF OTHER USERS, OR THE POTENTIAL VIOLATION BY SUCH OTHER USERS OF THE TERMS. FOR FURTHER CLARITY, UNDER NO CIRCUMSTANCES SHALL A CONNECTRIA PARTY BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE.

NONE OF THE CONNECTRIA PARTIES SHALL BE LIABLE TO YOU, INCLUDING YOUR HEIRS, AGENTS AND ASSIGNS FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND/OR SPECIAL DAMAGES  (B) LOSS OF PROFITS, (C) DAMAGES RELATED TO YOUR REPUTATION OR THE REPUTATION OF YOUR BUSINESS, (D) LOSS ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE CONTENT, AND/OR (E) DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE OR ANY CONTENT THEREON. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. THE PROVISIONS OF THIS SECTION 7 AND SECTION 6 ABOVE REPRESENT A REASONABLE ALLOCATION OF THE RISKS UNDER THIS AGREEMENT. CONNECTRIA’S WILLINGNESS TO ALLOW YOU TO USE THE WEBSITE REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.

YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, AGENTS AND ASSIGNS, HEREBY WAIVE ANY AND ALL CLAIMS, SUITS, LIABILITIES, EXPENSES, DAMAGES, ASSERTIONS, AND ANY OTHER CAUSES OF ACTION YOU MAY NOW OR MAY IN THE FUTURE HAVE AGAINST ANY AND ALL OF THE CONNECTRIA PARTIES BASED ON YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT THEREON. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM AGGREGATE LIABILITY THAT THE CONNECTRIA PARTIES WOULD OWE TO YOU UNDER THIS AGREEMENT SHALL BE $100.

8. INDEMNIFICATION.

You agree to indemnify each and every of the Connectria Parties from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website and Your Content including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

9. LINKS.

The Website may contain links to websites operated by parties other than Connectria. Such links are provided for your reference only. Connectria does not control such websites and is not responsible for their contents. Connectria makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website’s inclusion of links to other websites does not imply Connectria’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

10. GOVERNING LAW.

This Agreement and its performance shall be governed by the laws of the state of Missouri, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the City of St. Louis, Missouri or St. Louis County, Missouri, in all questions and controversies arising out of your use of this Website, the Content and these Terms.

11. NO WAIVER.

Our failure to insist upon or enforce strict performance by you of any provision of these Terms at any time shall not be construed as a waiver of any provision or right to enforce performance at any other time. Neither the course of conduct between you and Connectria nor the trade practice shall modify any provision of these Terms.

12. ADDITIONAL TERMS.

Additional terms and conditions may apply other portions of the Website, and you agree to abide by such other terms and conditions. We reserve the right to alter, amend, modify or terminate this Website (including without limitation these Terms) without any liability or notice to you.

13. ASSIGNABILITY, SEVERABILITY.

You may not assign your rights or obligations hereunder without our express written consent. We may assign our rights hereunder in our sole discretion. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14. INTELLECTUAL PROPERTY NOTICES.

All content of the Website are Copyright © 2014 Connectria Corporation and/or its suppliers. All rights reserved. Product and company names mentioned in the Website are the trademarks of their respective owners.

15. ENTIRE AGREEMENT.

These Terms, together with those incorporated herein or referred to herein, constitute the entire agreement between you and us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter. You agree that you have not relied on any representation or warranty made by us not expressly set forth herein.