TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the ‘Terms Of Use’) apply to the The Exchange Message EM Books app, (‘The Exchange’) web site located at ExchangeMessage.org, and all associated sites by The Exchange’s subsidiaries and affiliates, (collectively, the ‘Site’). The Site is the property of The Exchange. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
As long as you comply with these Terms Of Use, The Exchange grants you a personal, non-exclusive, non-transferable, limited privilege to enter, use the Site and view its content therein.
1. WEB SITE & SERVICES CONTENT.
All The Exchange text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, ‘Content’), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Exchange. Except as expressly provided in these Terms Of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without The Exchange’s express prior written consent.
2. YOUR AUTHORIZED USES.
You may use information on the Site, as well as The Exchange products and services purposely made available by The Exchange for downloading from the Site, provided that you: (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.
3. PROHIBITED USES.
You may not use any scraper, robot, spider or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Exchange reserves the right to bar any such activity or access. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Exchange server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of The Exchange, including any The Exchange account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or The Exchange’s systems or networks, or any systems or networks connected to the Site or to The Exchange. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Exchange on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms Of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Exchange or others.
4. ACCOUNTS/IDENTIFICATION AND PASSWORDS.
Certain features or services offered on or through the Site may require you to open an account (including setting up an The Exchange account/identification and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify The Exchange immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Exchange or any other user of or visitor to the Site due to someone else using your The Exchange identification, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s The Exchange identification, password or account at any time without the express permission and consent of the holder of that The Exchange identification, password or account. The Exchange cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. TERMINATION; SUSPECTED BREACH.
If you breach any of these Terms Of Use or The Exchange suspects any breach of its privacy policy or end user license agreements, or for any other reason that affects The Exchange’s business, customers or the public, The Exchange may: (a) begin legal action, (b) immediately suspend or terminate these Terms Of Use with you, or (c) cooperate with law enforcement in legal proceedings against violators. You agree that The Exchange may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms Of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms Of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Exchange, for which monetary damages would be inadequate, and you consent to The Exchange obtaining any injunctive or equitable relief that The Exchange deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Exchange may have at law or in equity. You agree to cooperate with The Exchange in investigating suspected violations. In the event of termination of these Terms Of Use, any and all rights of use granted to you under these Terms Of Use immediately cease, and you must immediately cease any use of the Site.
6. DISCLAIMER OF WARRANTIES.
The Exchange DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. The Exchange CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. The Exchange DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Exchange DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY The Exchange SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST The Exchange FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Exchange reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
IF YOU ARE UTILIZING ANY SERVICES OFFERED BY The Exchange THROUGH THIS WEBSITE (E.G. DATA SYNCHRONIZATION), SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. The Exchange DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON The Exchange’S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
7. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES.
EVEN IF The Exchange HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, The Exchange WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THESE TERMS OF USE OR USE OF The Exchange SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE WEB SITE OR SERVICES, OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. THE MAXIMUM AGGREGATE LIABILITY OF The Exchange TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANY AND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SITE, The Exchange SERVICES OR THESE TERMS OF USE, IN COMBINATION WITH ANY OTHER AGREEMENTS ENTERED INTO WITH The Exchange (E.G. END USER LICENSE AGREEMENT), WILL BE THE AMOUNT PAID BY YOU FOR AN APPLICABLE The Exchange PRODUCT OR SERVICE, OR TEN DOLLARS ($10.00), WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
8. INDEMNIFICATION.
You must defend, indemnify and hold The Exchange harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site or your violation of these Terms Of Use.
9. NO ASSIGNMENT.
These Terms Of Use will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign these Terms Of Use, or any of your rights, interests, or obligations in connection with your use of the Site, without seeking and obtaining the prior written consent of The Exchange in each instance. Any such assignment without such consent will be void and of no force and effect.
10. THIRD PARTY CONTENT.
The Site may contain content or links to various third party web sites and other resources (“Third Party Content”). This Third Party Content (e.g. other than www.exchangemessage.org) is not under the control of The Exchange and The Exchange is not responsible or liable for the content, communications or materials of any Third Party Content. The Exchange, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by The Exchange of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of use for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties. On some rare circumstances, it may be necessary ? by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence ? for The Exchange to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
11. EXPORT RESTRICTIONS.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
12. GOVERNING LAW; VENUE; ATTORNEYS’ FEES.
Washington state law governs the interpretation of these Terms Of Use and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to these Terms Of Use, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
13. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY.
These Terms of Use comprise the entire agreement and understanding of you and The Exchange regarding the The Exchange web site and related services, and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this agreement. The Exchange’s failure at any time to require strict performance by you or any other licensees of any of the provisions of this agreement does not waive The Exchange’s right to thereafter require strict compliance with any provisions of this agreement. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the agreement will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this agreement will be considered originals.
14. MODIFICATION OF THIS AGREEMENT.
As summarily noted above, The Exchange may modify these Terms Of Use at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the The Exchange website (at www.exchangemessage.org). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Site and related services. Your continued use of the Site and related services following our posting of a change of terms notice will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO The Exchange TO SEND AN E-MAIL COMMUNICATION TO YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE PRODUCT(S) OR THE SERVICES TO WHICH YOU HAVE SUBSCRIBED.
15. PRIVACY POLICY & END USER LICENSE.
The Exchange’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms Of Use by this reference. To view The Exchange’s Privacy Policy, review our Privacy Policy . Additionally, if you utilize any of The Exchange’s software, then it is highly recommended that you review our End User’s License Agreement, which shall take precedence over any conflict of terms that may be referenced herein.
16. CONTACT INFORMATION.
If you have any questions regarding these Terms Of Use, or any related services or software, you may contact us at:
The Exchange
833 15th Ave.
Longmont, CO 80501
303-407-8789
email: [email protected]