Intellectual Property Rights
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Materials on the Site; Proprietary Use
You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the “Materials”), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Ideal Impact and/or its suppliers or licensors, all rights reserved. Except as expressly authorized by the Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit or otherwise use any of the Materials in any form or by any means, without the prior written permission of Ideal Impact or the respective copyright owner. Ideal Impact authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Site (including, without limitation, the Ideal Impact logo, and the names Ideal Impact and IdealImpact.net, and any Marks associated with any products) are the sole property of Ideal Impact and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Ideal Impact and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Ideal Impact and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Ideal Impact.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to the information posted on this website (the “Content”), its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and the Content is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your use of the Content; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“Ideal Impact entities”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) Ideal Impact Entities ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
The paragraph headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
By visiting the Site, you agree that the laws of Washington, DC without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and us. Any such dispute may be heard only in the federal and state courts situated in Washington, DC, and you hereby submit to the exclusive jurisdiction and venue of such courts.
Ideal Impact reserves the right, in its sole discretion, to suspend or terminate your use of the Site, at any time, without advance consent or notice.
Limitation of Liability
You agree to defend, indemnify and hold harmless the Ideal Impact Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Content, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of content that is submitted via your account; or (vi) any other party’s access and use of the Content with your unique username, password or other appropriate security code.
The intellectual property rights, licenses, representations, warranties, covenants, disclaimers and indemnities of Ideal Impact shall survive the termination of this Agreement or the cessation of your use of this Site.