Terms and Conditions of Use
This agreement ("Agreement") is between Signal Match, Inc. (SMI) and you for the use of this web site and any and all content, materials, surveys, and/or experiments contained herein (collectively, the "Website") and actions taken by you in connection therewith.
1. Ownership and Restrictions on Use
The Website is owned by SMI. The Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"). You agree and acknowledge that, even though SMI allows access to the Content and use of the Website, the Content and the use of the Website is protected by patents, copyrights, trademarks, and/or other proprietary rights. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Website and/or any of the Content, in whole or in part. Signal Match, Signal Patterns, The Digital You, Discover the Real Me, the Signal Patterns logo, and other words, phrases and logos you may see on the Website and on our affiliate websites are trademarks or service marks of SMI. You agree not to use or display such marks without the prior written specific consent, addressed to you, of SMI or the owner of the relevant mark.
2. Your Warranties and Representations
By your use of the Website, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Website and that you will comply with all applicable laws, regulations and ordinances. You acknowledge that third parties, such as other individuals or entities, may be involved in or participate in experiments or surveys or other content or activities, whether online or offline, which you use and/or participate in or which would be initiated or continued by input from or by SMI, third-party, and/or you, and you agree to act reasonably in all respects pertaining to the rights of privacy and other lawful rights of such third parties, including without limitation refraining from electronic and/or physical contact or attempt at such contact which is expressly unwelcome. You shall be solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
3. Access
You will maintain any and all user account, name, password, and other data as confidential. You will be responsible for any activity that occurs as a result of your enabling another person or entity to use such information. You agree to immediately notify us if (i) information related to your account is lost or stolen, or (ii) you become aware of any unauthorized use of your account or of any other breach of security that might affect the Website. SMI will not be responsible for any loss or damage arising from your failure to comply with the provisions of this Section. SMI may terminate your use activities and remove and discard any Content without notice to you for any reason. You agree that any termination of your access to the Website shall not result in any liability or other obligation of SMI to you or any third party in connection with such termination.
4. Privacy Policy
Our Privacy Policy is at http://www.signalpatterns.com/privacy.html. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein. Additionally, You may not collect or store personal data of third parties without the prior written permission of such user(s).
5. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SMI MAKES NO WARRANTY THAT THE WEBSITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USING THE WEBSITE.
6. LIMITATION OF LIABILITY
SMI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS, REPUTATION, AND/OR OTHER LOSSES, EVEN IF SMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM USE OR LACK OF USE OF THE WEBSITE, FUNCTIONALITY OR THE LACK THEREOF OF YOUR COMPUTER AND/OR MONITOR, ANY LINK PROVIDED IN CONNECTION WITH THE WEBSITE; AND/OR ANY MATTER OTHERWISE RELATED TO THE WEBSITE.
7. User Information
In the event that SMI permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, "User Information") onto the Website, you will be responsible for the integrity and content of all such User Information that you upload, post, email or otherwise transmit using the Website. You agree to comply with all SMI and/or third party rights with respect to all such User Information. By submitting User Information to SMI, you automatically grant, or warrant that the owner of such Content has expressly granted, a royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform and display such User Information, in whole or part, worldwide and in any technology now known or later developed, in connection with for the benefit to SMI and/or third parties from any and all experiments, surveys, and products and services.
8. Prohibited Actions
You are expressly prohibited from placing any message in any User Information or any product, good or service or otherwise transmitting through or posting on any part of the Website any commercial, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Actions"). SMI shall not be liable to you or any other party or user of the Website for any Prohibited Actions by you. Additionally, you may not directly or indirectly, disrupt or interfere with the Website in any manner that may adversely affect SMI or any user of the Website. You may not upload, post, email or otherwise transmit any material that contains software viruses or any other malicious code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, software, equipment or facilities.
9. Disclaimer
SMI expressly disclaims all responsibility or liability to you for the performance, validity, applicability, usefulness, lawfulness, or the lack thereof, of content, rewards, products, services, gifts, and/or promotions, originated by parties other than SMI.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL SUCH INFORMATION, PRODUCTS, AND/OR SERVICES.
In addition, links to other web sites provided by the Website do not reflect any endorsement by SMI with respect to the provider of such links or the quality, reliability or any other characteristic or feature of such link and its target(s). SMI shall not be responsible for any matter associated with such links and your use of them and the target web sites or other product or service. USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. You may want to check the terms and conditions and/or the privacy policy applicable to any such web site, if any.
10. Comments and Feedback
If you contact SMI with, without limitation, questions, comments, or suggestions (collectively, the "Feedback"), the Feedback shall be non-confidential and SMI shall be free to reproduce, use, disclose, and display the any or all of the Feedback and to authorize others to do the same, for any purpose whatsoever such as, without limitation, developing, manufacturing and marketing software, hardware, products, and other items. SMI shall not owe any compensation for any or all use or disclosure of the Feedback.
11. U.S. Use Only
Unless otherwise specified, the materials, software, experiments, surveys, information, products and services available on and through the Website (collectively, the "Materials") are solely available in the United States. SMI makes no representation that the Materials are appropriate or available for use outside the United States. Anyone who accesses the Website from outside the United States does so on their own risk and will be solely responsible to comply with local laws. No Materials from this Website may be downloaded in or exported into any country against U.S. law.
12. Indemnification
You agree to defend, indemnify and hold harmless SMI, its subsidiaries, affiliates, officers, directors, employees and agents, from and against any third party claim, action or demand (each a "Claim") and all liabilities and settlements related thereto, including without limitation, reasonable attorneys' fees and accounting fees resulting from, or alleged to result from, your use of the Website and/or its Content and/or User Information. SMI shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of SMI against any such Claim.
13. Digital Millennium Copyright Act
SMI reserves the right to terminate this Agreement if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), SMI's designated agent for notice of alleged copyright infringement in connection with the Website is: Signal Match, Inc. IP Permissions, 1858 Pleasantville Rd. Suite 137, Briarcliff Manor, NY 10510, contact@signalpatterns.com. To file a notice of infringement with SMI, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.
14. No Professional Practice or Services
SMI is not rendering social, medical, health care, legal, or financial service, or engaged in the practice of medicine, law, or any other professional capacity, and shall not be liable to any party for any act or omission relating thereto. This will apply is in addition to the limitation of liability provisions in this Agreement,
15. General Terms
You understand and agree that SMI may from time to time establish and revise practices and limitations concerning the Website and your use of the Website. You agree that SMI shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Information maintained on the Website or transmitted using the Website. This Agreement constitutes the entire agreement between you and SMI concerning your use of the Website. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and SMI and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and SMI will be governed by the laws of New York State without giving effect to its conflict of laws provisions and that venue with respect to any dispute between you and SMI will rest exclusively in the state and federal courts located in New York City, and both you and SMI hereby consent to personal jurisdiction of those courts. The failure of SMI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or this Agreement must be filed within one year after such claim or cause of action arose. SMI may provide notice to you by email or regular mail. The Website may also provide notice of changes to this Agreement at any time and from time to time by displaying notices on pages of the Website. There shall be no presumption against the party drafting this Agreement in construing this Agreement. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
16. Non Disclosure
You agree to take reasonable precautions to prevent disclosure, directly or indirectly, of all or any portion of information disclosed to you not to make any use of the information except for purposes permitted under these Terms And Conditions. You also acknowledge that feedback you provide in connection with services made available to you by us may be used for research and other purposes in the reasonable discretion of Signal Match, Inc.
Last modified: April 9, 2008
