Welcome to www.causeswarm.com and/or www.smokealarm.org (each, a "Website"), operated by Cause Swarm, LLC ("Operator", "we", "our", or "us"). These Terms of Service (the "Agreement") set forth the terms and conditions which govern your use of the Websites.
Please read this Agreement carefully before accessing a Website. By accessing a Website (other than to read this Agreement), you agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use the Websites.
Operator reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of a Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by listing a new date under "Last Modified" appearing above. In addition, when using the Websites, you agree to abide by any applicable posted guidelines or terms, which may change from time to time. Should you object to any term or condition of the Agreement, or any guidelines, or any subsequent modifications thereto or become dissatisfied with us or any of the Websites in any way, your only recourse is to immediately discontinue use of the Websites.
1. Limited License.
We grant you a limited license to access and make personal use of the Websites, but not modify any portion of the Websites, except as specifically authorized on the Websites or otherwise with our express written consent. This license does not include (i) any resale or commercial use of the Websites, or the contents of the Websites; (ii) any derivative use of the Websites and/or their respective contents; or (iii) any use of data mining, robots, or similar data gathering and extraction services. The Websites and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
2.1 Submissions. The Websites may enable you to submit messages and other information to us ("Submissions"). All Submissions will be treated as non-confidential and we will not be liable for any use or disclosure of your Submissions. Moreover, you warrant and covenant that no Submission shall impose any obligation on Operator.
2.2 Monitoring. You acknowledge and agree that Operator does not and shall not have any obligation to review Submissions, and you agree that we do not have any obligation to use or respond to any Submission.
2.3 You hereby acknowledge and agree that your relationship with Operator is not a confidential, fiduciary, or other special relationship, and that your decision to submit any information or material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submissions.
3. Ownership/Intellectual Property.
3.1 All materials on the Websites, including, without limitation, text, graphics, logos, audio clips, data compilations, posts, listings, images, videos, illustrations (collectively, the "Content") are protected by copyright or other intellectual property laws and owned or controlled by us or our licensors. The compilation of all Content on the Websites is our exclusive property and is protected by copyright law.
3.2 The appearance of or reference to any party in any Content on the Websites does not suggest such party's authorization, approval, or endorsement of Operator, the Websites, or any other party.
3.3 Except as expressly provided in the "Limited License" section above, your use of and access to any of the Websites does not grant you any license or right to use any of our trademarks, trade names or copyrights. You agree that in using the Websites, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
3.4 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on the Websites.
Operator and/or third parties may provide hyperlinks to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
5. Disclaimer of Warranties.
The websites are provided to you on an "as is" and "as available" basis, without warranty or representation of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, title, non-infringement, quality, and/or fitness for a particular purpose. Without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any information provided on the websites, or that the websites, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the websites, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure. Some jurisdictions do not allow the exclusion of certain disclaimers or limitations of warranties, so the above exclusion may not apply to you. Any material downloaded or otherwise obtained through the use of the websites is done at your own discretion and risk and you will be solely responsible for any loss or damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information obtained by you from us through or from the websites shall create any warranty not expressly stated in this agreement.
6. Limitation of Liability.
To the fullest extent permitted by law, in no event shall we, our affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the websites provided hereunder, even if we have been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the websites provided hereunder; (ii) the inability to use the websites for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the websites; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under our control or in any way connected to the websites. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
7. Indemnification and Release.
You agree to release, indemnify and hold harmless us, our affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys' fees, with respect to (i) your use or misuse of, or reliance upon, any Website(s), (ii) your violation of this Agreement or rights of another or any applicable law or regulation, and/or (iii) any Submissions you make through the Website. For the avoidance of doubt, this section shall survive the termination of this Agreement. If you are a California resident, you waive California Civil Code 1542, which says: "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 affected his settlement with the debtor."
8. Commercial Use.
You acknowledge and agree that the Websites are for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
10. Communications by Us.
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Website, and other communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
11. Governing Law; Venue.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the federal or state courts located in New York County, New York (and courts with appellate jurisdiction therefrom), except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Website at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
12. Term and Termination.
This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Website, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by permanently discontinuing use of any and all parts of the Website. Upon termination of this Agreement for any reason, you shall immediately cease using the Website.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by Operator, in its sole discretion, to a third party. All provisions that should by their nature survive the termination of this Agreement shall survive the termination of this Agreement. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
14. Contact Us.
If you have any questions or concerns regarding the Websites, please contact us by e-mail at the following address: firstname.lastname@example.org.