When you use the Site and Your SponsorNetwork Account, you represent and agree to the following:
You acknowledge that the Host may or may not pre-screen content in the Site provided by other users or third-parties. You agree that you must evaluate, and bear all risks associated with any content, including the accuracy, completeness, or usefulness of such content, and including whether you find such content to be bigoted, racist, obscene, pornographic, or otherwise objectionable.
You may report content that you believe to be objectionable to the Host. The Host, in its sole discretion, will determine whether to remove such content from the Site. In the event the Host decides not to remove such reported content, your only remedies are either to avoid accessing such content, avoid accessing content from providers of such content, or to terminate your use of the Site.
You agree and acknowledge that any information or content that you post to the Site (“User Generated Content”) is not confidential and that the Host does not provide any confidentiality agreement to any Sponsor. Any and all Sponsors with SponsorNetwork Accounts have access to such User Generated Content and are under no obligation to keep such information confidential.
Sponsor acknowledges that Sponsor is solely responsible and liable for all use of the Site, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Sponsor is responsible for compliance with all securities laws, rules, and regulations regarding their behavior and Content posted on the Site. Sponsor is further solely responsible for compliance with all applicable laws relating to Sponsor’s use of the Site.
You may terminate this Agreement by closing your SponsorNetwork Account at any time for any reason. In such an event, the Host shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, or recourse.
You agree that the Host may, without prior notice, immediately terminate, cancel, or suspend your SponsorNetwork Account. Cause for such termination, cancelation, or suspension shall include, but not be limited to, (i) breach or violations of this Agreement or other incorporated agreements, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Site (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity as determined in the Host’s sole discretion, and/or (vi) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, cancelations, and suspensions for cause shall be made in the Host’s sole discretion and that the Host shall not be liable to you or any third party for any termination of your account or access to the Site.
The Host reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The Host makes no representations with respect to the availability of the Site at any particular time. You agree that the Host shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Site (or any part thereof).
You agree to defend, indemnify and hold harmless SponsorNetwork and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from all costs, liabilities, and damages SponsorNetwork incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third party due to or arising out of your use or misuse of the Site or your SponsorNetwork Account, your connection to the Site, your violation of any term of this Agreement, your violation of any rights of another, or your violation of any laws, rules, or regulations, including without limitation, those related to and/or governing the offering, sale, or registration of securities.
THE SITE IS PROVIDED AND OPERATED BY MIGHTY NETWORKS. SPONSORNETWORK HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SITE—INCLUDING BUT NOT LIMITED TO ANY TYPOGRAPHICAL ERRORS; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. SPONSORNETWORK SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPONSORNETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPONSORNETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENTS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SPONSORNETWORK IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SPONSORNETWORK LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPONSORNETWORK IS TO STOP USING THE SITE AND TO CANCEL YOUR ACCOUNT. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Materials may be made available via the Site by third parties not within the Host’s control. The Host is under no obligation to, and does not, scan content used, in connection, with the Site for the inclusion of illegal or impermissible content. However, the Host respects the copyright interests of others. It is the Host’s policy not to permit materials known by the Host to infringe another party’s copyright to remain on the Site and to respond to claims of intellectual property infringement. The Host will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to the Host’s designated agent as follows:
Attn: 3556 S 5600 W Suite #1-1181
Salt Lake City, UT 84120
It is the Host’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
This Agreement shall be governed by Ohio law except for its conflicts of laws principles. Sponsor agrees to resolve any disputes or claims arising out of or related to this Agreement or the Site through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or violation of any intellectual property. Any proceeding to resolve claims arising under or relating to this Agreement shall be brought in the federal or state courts in Franklin County, in the State of Ohio and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.
Right to Monitor: Sponsor acknowledges that the Host has the right to monitor the use of the Site to ensure compliance with the Agreement.
Waiver: No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Severability: If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Entire Agreement: This Agreement constitutes the entire agreement between Sponsor and the Host and governs your use of the Site. This Agreement supersedes and replaces any prior version of this Agreement between you and the Host with respect to the Site. You also may be subject to additional terms and conditions that may apply between you and the operating of the Site, Mighty Networks.