ACCEPTANCE OF AGREEMENT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to theNeat & Tidy Challenges are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any part of theNeat & Tidy Challenges, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Neat & Tidy Challenges. By posting information or materials on the Site or making information or materials available through the Neat & Tidy Challenges does not waive any of our rights in such information and materials. Some of the content on the Neat & Tidy Challenges is the copyrighted work of third parties, and such material is the property of the relevant licensor.
“neatandtidyco.com” and others are the service marks, registered service marks, or trademarks of Neat & Tidy, and nothing in the Neat & Tidy Challenges transfers any rights in or to such marks to you. Other product and company names mentioned in the Neat & Tidy Challenges may be trademarks of their respective owners, and nothing in the Neat & Tidy Challenges transfers any rights in or to such marks to you. Neat & Tidy and our licensors retain all rights in and to our respective marks.
Permitted Uses. You are granted a non-exclusive, non-transferable, non-sublicenseable, revocable license:
(a) to access and use the Neat & Tidy Challenges strictly in accordance with this Agreement and any applicable additional terms;
(b) to use the Neat & Tidy Challenges solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Neat & Tidy Challenges solely for internal, personal, non-commercial purposes and provided that you respect and maintain all copyright and other proprietary rights and notices contained therein.
No print out or electronic version of any part of the Neat & Tidy Challenges or their contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Any other use of the Neat & Tidy Challenges is outside of the license granted by this Agreement and is a violation of this Agreement.
RESTRICTIONS AND PROHIBITIONS ON USE
The license set forth above is subject to the following restrictions and prohibitions:
You may not –
(a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Neat & Tidy Challenges or any content or other materials included or accessed therein (“Content and Materials”);
(b) use the Neat & Tidy Challenges or any Content and Materials to develop, in whole or in part, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials from the Neat & Tidy Challenges;
(d) use any Content and Materials from the Neat & Tidy Challenges in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
(f) make any portion of the Neat & Tidy Challenges available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Neat & Tidy Challenges in violation of this Agreement;
(i) use the Neat & Tidy Challenges for the purpose of gathering information for or transmitting
(1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Neat & Tidy Challenges in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Neat & Tidy Challenges or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
FORMS, AGREEMENTS & DOCUMENTS
We may make available through the Neat & Tidy Challenges or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are licensed to you on a non-exclusive basis only for your personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge. Documents are provided to you without any representations or warranties, express or implied, as to their suitability, completeness, currentness, accuracy, and/or appropriateness.
NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP
Information contained on or made available through the Neat & Tidy Challenges is not intended to and does not constitute legal advice, legal recommendations, or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Neat & Tidy Challenges. Your use of information in the Neat & Tidy Challenges is entirely at your own risk.
LINKING TO THE SITE
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Neat & Tidy Challenges may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Neat & Tidy Challenges is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in materials submitted to the Neat & Tidy Challenges by any advertiser or sponsor.
Certain sections of, or offerings from, the Neat & Tidy Challenges may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information using your real name and other requested information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the Neat & Tidy Challenges, including but not limited to the Neat & Tidy website, will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Neat & Tidy Challenges will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Neat & Tidy Challenges at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on or in the Neat & Tidy Challenges.
THIRD PARTY CONTENT
Third party content may appear on the Neat & Tidy Challenges or may be accessible via links from the Neat & Tidy Challenges. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Neat & Tidy Challenges. You understand that the information and opinions in the third party content represent solely the thoughts of the third party and is neither endorsed by nor does it necessarily reflect our beliefs.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, ‘Affiliated Parties’;) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Neat & Tidy Challenges.
THE NEAT & TIDY CHALLENGES AND ALL INFORMATION, CONTENT, DOCUMENTS AND MATERIALS THEREIN ARE PROVIDED “AS IS”, AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE NEAT & TIDY CHALLENGES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT. THE NEAT & TIDY CHALLENGES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE NEAT & TIDY CHALLENGES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
(a) Neither us nor our affiliates or licensors shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Neat & Tidy Challenges or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, including but not limited to the Neat & Tidy Challenges, (c) your use of the Neat & Tidy Challenges, (d) the content contained on the Neat & Tidy Challenges, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We own all usage data about the Site and the Neat & Tidy Challenges, and own all remarks, suggestions, and ideas, provided by you to us about the Neat & Tidy Challenges Home Programs (“Feedback”). We will not be required to treat any Feedback as confidential, and may use such Feedback in product development, service development, marketing materials, or any other use in any medium, without compensation to you. You acknowledge that you are responsible for whatever Feedback or other material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and accept no responsibility or liability for any such third party websites, products or services. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
LINKS TO OTHER WEB SITES
The Neat & Tidy Challenges may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site in the Neat & Tidy Challenges does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites through links in the Neat & Tidy Challenges, you do so at your own risk.
INFORMATION AND PRESS RELEASES
The Neat & Tidy Challenges may contain information, including but not limited to press releases, about Neat & Tidy. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in the Neat & Tidy Challenges or any press release, or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Neat & Tidy Challenges and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in the State of Colorado in the United States of America, and shall be governed by and construed in accordance with the laws of the State of Colorado in the United States of America (without regard to conflict of law principles). Any cause of action by you with respect to the Neat & Tidy Challenges (and/or any information, Content and Materials, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any dispute arising out of or relating to this Agreement or the Neat & Tidy Challenges, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration. Any such dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Colorado in the city of Denver, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Colorado necessary to protect the rights or property of you and us pending the completion of arbitration.