Terms Of Service - SizeUp

Internet Web Site Terms of Use

SIZEUP by SizeUp, Inc. ("SizeUp", "We" or "Us") Internet Web Site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SIZEUP AND GOVERN YOUR ACCESS TO, AND USE OF, THE SIZEUP WEBSITE LOCATED AT WWW. SIZEUP.COM TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SIZEUP MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. SIZEUP CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE OR BY SENDING YOU AN EMAIL OR OTHER ELECTRONIC NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

SizeUp provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by SizeUp and are the proprietary, copyrighted and/or trademarked work of SizeUp or SizeUp’s licensors. SizeUp grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use. You agree Materials provided through the Site and SizeUp’s services are for your own internal use and not for resale or redistribution in any manner, including online. You will not collect or use information gathered from the Site for advertising or marketing purposes or for credit granting purposes.

Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Password Restricted Areas of this Site.

You may need a password to login to this Site and/or to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify SizeUp if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify SizeUp of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.

Your use of this Site is governed by the SizeUp Privacy Policy, which is available here and incorporated by reference herein.

Third Party Content.

Certain information and other content may be provided by third party licensors and suppliers to SizeUp (“Third Party Content”). The Third Party Content is, in each case, the proprietary, copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. SIZEUP DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not SizeUp sites. SizeUp is providing these links to you only as a convenience, and SizeUp is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities.

Any unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold SizeUp and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) SizeUp or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, or your participation in posting areas, if any, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

SizeUp is a trademark of SizeUp. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SizeUp (SIZEUP, Copyright © 2011-2017 SIZEUP). All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements.

Notification:

SizeUp respects the intellectual property rights of others, and we ask you to do the same. SizeUp may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide SizeUp's designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit SizeUp to locate the material.
  • Information reasonably sufficient to permit SizeUp to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SizeUp's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail

One Hallidie Plaza, Suite 760 San Francisco, CA 94102

By phone

(415) 294-4775

By e mail

info@sizeup.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by SizeUp, and they may include inaccuracies or typographical or other errors. SizeUp does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. SizeUp has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by SizeUp or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site and to determine to your satisfaction the suitability of the property for your needs. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of any property.

SIZEUP, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPREHENSIVENESS, ADEQUACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN AS IS, AS AVAILABLE AND WHERE-IS BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SIZEUP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

SIZEUP AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR USE, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL SIZEUP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SIZEUP KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR RIGHT TO USE THE INFORMATION PROVIDED BY SIZEUP AND THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE RESTRICTIONS ON USE IN THIS “INTERNET WEB SITE TERMS OF USE,” INCLUDING ITS DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY.

Local Laws; Export Control.

SizeUp controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General.

If you violate these Terms, SizeUp may terminate and/or suspend your access to this Site without notice. SizeUp prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by SizeUp, may result in immediate termination of your access to this Site. SizeUp has the right to terminate any account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SizeUp’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SizeUp and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SizeUp about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.