1. Cutting Edge’s Intellectual Property
Cutting Edge hereby grants you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your own business purposes. You may also download content from the Site for your internal business purposes and for non-commercial use only; provided that such content is not modified in any way, you keep intact all copyright and other proprietary notices thereon and you include the phrase, “Used with permission of Cutting Edge” when you display or otherwise use this content in accordance with the terms hereof.
2. No Warranties; Indemnification; Limitation of Liability
YOUR USE OF THE SITE AND/OR ANY AND ALL FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL ITS SERVICES AND FEATURES ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR guarantee OF ANY KIND, whether EXPRESS, IMPLIED OR STATUTORY. CUTTING EDGE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY and/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY INFORMATION ON THE SITE.
Further, you hereby release Cutting Edge and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, affiliates, and assigns (collectively, the “Cutting Edge Parties”) from any and all Damages (direct and actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use hereof, excluding only Damages to the extent directly arising out of Cutting Edge’s gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Cutting Edge cannot and does not guarantee continuous uninterrupted or secure access to our Site or the services or features hereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, Cutting Edge does not control the actions of other users, visitors and/or linked third parties (if any) on the Site. CUTTING EDGE will have no liability whatsoever for the unavailability OR INOPERABILITY of the Site caused by THE acts or omissions OF ANY THIRD PARTY OR CUTTING EDGE. CUTTING EDGE WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR any loss of data or transactions incurred or suffered BY YOU OR any party, WHETHER resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by CUTTING EDGE, any third party, INCLUDING ANY INTERNET SERVICE PROVIDER OR host, or the Internet infrastructure and network external to the Site.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Third Party Advertising; Third Party Links; Third Party Content
5. Site Integrity; Site Security
You may not use any device, software, or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data and/or personal information therefrom. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including “spam” or other unsolicited mass emailings.
6. Compliance with Laws
You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or racist content, harassment, stalking or spam, or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with Cutting Edge
7. User Submissions
Any comments or information that you provide to Cutting Edge, including any feedback or ideas submitted by you in response to a survey on or concerning the Site or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by Cutting Edge and you hereby grant Cutting Edge a royalty-free, perpetual, irrevocable, worldwide, sub-licensable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. Cutting Edge may sublicense its rights hereunder to third parties. Submissions may be viewable by all other visitors to and users of the Site and any Submissions constitute publicly-available information. Cutting Edge is not responsible for the privacy of any Submission by you. Notwithstanding any other Term herein, you own and retain all right, title and interest in and to your Submissions.
8. Governing Law and Jurisdiction
Except as otherwise required by law, you will provide any notices to Cutting Edge by email to email@example.com. If Cutting Edge has either an email or street address for you, Cutting Edge will provide notices to you via the email address provided during your registration or by certified mail, postage prepaid and return receipt requested, to the street address provided during registration.