These Terms of Service describe the terms and conditions under which you may use the SiteTrail website (“Site”). These terms and conditions constitute a legally binding agreement (“Agreement”) between SiteTrail, Inc. (and any successors of SiteTrail, Inc., and any entities controlled by SiteTrail, Inc., collectively “SiteTrail”), and you, the user of the Site (hereinafter “you,” and collectively with other users of the Site, the “User” or “Users”). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to SiteTrail that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and SiteTrail is unwilling to grant you access to the Site. SiteTrail may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on February 8, 2011.
1. Content on the Site.
While using the Site, you will have access to content posted by our users, including links to websites that are not affiliated with SiteTrail. In addition to posts made by other Users, you may also post text, links, and other content to the Site (collectively, “Posts”). By Posting content you understand that you are making that content publicly available.
1.1 Posts Under Creative Commons License.
SiteTrail accepts Posts made under the Creative Commons Attribution-Share Alike License, which is incorporated into this Agreement by reference. By Posting content to the Site you agree to the terms and conditions of the Creative Commons Attribution-Share Alike License and hereby grant to SiteTrail (i)an unrestricted right to use, copy, modify, reproduce, distribute and make derivative works of your Posts; and (ii) to Site users rights to use, copy, modify, reproduce, distribute, and create derivative works of your Post as provided in the Creative Commons Attribution-Share Alike License. In addition to other rights and restrictions, the Creative Commons Attribution-Share Alike License permits others to copy, modify, and create derivative works of your Post, and provides that the distribution of your Post or modifications thereof may be used and distributed by others as long as such uses are attributed to the appropriate author or licensors, and are subject to the terms and conditions of the Creative Commons Attribution-Share Alike License. Please review the terms and conditions of the Creative Commons Attribution-Share Alike License before making a Post.
1.2 Posting Limitations.
You agree that you are responsible for your use of the Site and for any Posts you make. You agree not to submit any Post that (i) is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability; (ii) is a falsehood or misrepresentation that could damage SiteTrail or any third party; (iii) is harmful to minors; (iv) makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances; or (iv) violates any third party’s privacy or similar rights.
1.3 Intellectual Property Rights.
You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post such material to the Site and to disseminate such content under the Creative Commons Attribution-Share Alike License.
1.4 User Opinions.
Users may associate ratings, tags, comments or other opinions with Posts. Such comments may misrepresent your Posts or may be otherwise disparaging, defamatory, embarrassing, or unfavorable.
1.5 Placement and Distribution of Posts.
You agree that SiteTrail shall have the right to include or otherwise associate advertising, promotional, and other content with your Posts.
1.6 Access to Service.
You must be at least 13 years of age to use the Site.
2. SiteTrail Licenses and Restrictions.
2.1 SiteTrail Licenses.
Subject to the terms and conditions of this Agreement and the Creative Commons Attribution-Share Alike License, SiteTrail grants you a nonexclusive, nontransferable, revocable license to access the Site solely for your personal, non-commercial use.
All SiteTrail trademarks, names, service marks, logos and other marks of attribution displayed on the Site are the property of SiteTrail. You may not use or display SiteTrail marks without SiteTrail’s written consent specifically authorizing such activity.
You may not remove or alter any marks of attribution or copyright notices associated with Posts or other content on the Site. Multiple Posts constitute a “Collection” within the meaning of the Creative Commons Attribution-Share Alike License. If you distribute a Collection of Posts available on SiteTrail, you agree to attribute and credit SiteTrail as the location of each Collection, and include the URL for each Collection. You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by SiteTrail of your work, product or service without written consent from SiteTrail.
2.4 Prohibited Activities.
You may not use any portion of the Site for any unlawful purpose. You agree that you will not (i) copy, reproduce, distribute, or create derivative works of the Site, except to the extent you are permitted to copy, reproduce, adapt and distribute individual Posts under the Creative Commons Attribution-Share Alike License; (ii) collect or harvest any personally identifiable information from the Site, including but not limited to account names or email addresses, nor use the communication systems provided by SiteTrail for any commercial solicitation purposes, such as disseminating Spam; (iii) introduce computer viruses or malware into the Site, post links to the same, or otherwise encourage Users to visit sites with the same; (iv) use any automated system, including without limitation, bots, spiders, scripts or any other form of automatic process on the Site, to query the Site, to get information from the Site, post information to the Site, or otherwise access the Site in a manner that sends more requests or Posts to the Site in a given period of time than a human can reasonably produce in the same period by using a convention web browser; (v) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; (vi) engage in any activity that circumvents, disables or otherwise interferes with security related features of the Site, including any means or processes that break or make CAPTCHA easier to circumvent; (vii) create tools that enable or assist any individual in accomplishing any of the activities prohibited under this Agreement; or (viii) employ or otherwise give incentives to any other individual to post or retrieve information to or from the Site or engage in any of the activities prohibited under this Agreement. All rights not expressly granted in Sections 2.1 and 2.2 are hereby reserved.
3.1 Your Posts.
Subject to the terms and conditions of the Creative Commons Attribution-Share Alike License, you retain all of your ownership rights in your Posts and are responsible for protecting those rights.
3.2 SiteTrail Materials.
SiteTrail will own any SiteTrail content or other materials, and any SiteTrail marks and logos contained on the Site. Subject to your rights in the content of your Posts, SiteTrail will own any improvements made to the Site, even is such improvements are based on your suggestions, feedback or activities.
4. Restricted Areas of the Site.
Certain functions of the Site may be restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information. It is your responsibility to maintain the accuracy of any information provided to SiteTrail. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to terminate your password or notify SiteTrail if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities.
You will defend, indemnify and hold harmless SiteTrail, its directors, officers, employees, subsidiaries and affiliates (“SiteTrail Affiliates”) from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings (“Claims”) made or brought by any third party against any SiteTrail Affiliate, including without limitation reasonable legal fees and expenses, in connection with (i) your breach of this Agreement; (ii) any Claim associated with your Posts; and (iii) your use of the Site or the use of the Site by any person using your screen name, account or password. SiteTrail shall provide you with prompt notice of any Claim and an opportunity to defend the Claim, provided that SiteTrail (A) may participate at your expense in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind SiteTrail. In addition, SiteTrail may, at your expense, take full control of the defense of any Claim if SiteTrail believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for SiteTrail.
7. Termination; Content Removal and Retention.
SiteTrail reserves the right to refuse or terminate service to anyone at any time without notice for any reason. SiteTrail’s termination of service and therefore this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections 1.2, 1.3, 1.4, 2.4, 3, 4, 5, 6, 7, 8, 10, 11 and 12 will survive termination of service and this Agreement. SiteTrail reserves the right at all times to remove or refuse to distribute any content on the Site. You agree that SiteTrail has no responsibility or liability for the deletion of, or the failure to store or to transmit any Posts. SiteTrail also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of SiteTrail, its Users and the public. SiteTrail will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
8. Third Party Interaction.
This Site contains links to and otherwise references third party websites that are not affiliated with SiteTrail. You may enter into correspondence with, purchase goods and/or services from, or participate in promotions on such unaffiliated websites. Unless otherwise stated in writing by SiteTrail, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. SiteTrail does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content or any Post. You acknowledge that any use, access to, or reliance on third party content, websites or Posts is at your own risk.
SiteTrail respects the intellectual property rights of third parties. SiteTrail reserves the right to remove content in its discretion and terminate the account of SiteTrail users who repeatedly infringe, or appear to infringe, the intellectual property or other rights of third parties.
10. Disclaimer of Warranty.
You agree that your use of the Site shall be at your sole risk. SiteTrail makes the site available without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular use, quiet enjoyment, non-ingringement, course of dealing or usage of trade. SiteTrail does not warrant that the site will function error-free or without interruption. SiteTrail makes available the site and the content on the site “As Is” and does not warrant (i) any material available on SiteTrail or provided to SiteTrail by any third party, including but not limited to user posts; (ii) that material available on the Site will not infringe any third party’s intellectual property rights or rights of privacy; (iii) the truth, accuracy or completeness of any information or material on the site; (iv) that SiteTrail can prevent unauthorized access to or use of our secure servers and/or any personal information provided to SiteTrail, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party. The disclaimers in this section 10 will apply even if any warranty provided under this agreement fails of its essential purpose. If SiteTrail cannot disclaim a warranty, the duration and scope of such warranty shall be the minimum permissible under applicable law.
11. Disclaimer of Liability.
11.1 Liability Limit.
SiteTrail claims no ownership or control over any Post submitted, posted or displayed on the Site. SiteTrail does not review, control or monitor content or posts placed by users and hereby disclaims any liability for the same. SiteTrail, its officers, directors, employees, or agents shall not be liable to you or any third party for damages or liabilities suffered as a result of your use of the site or your displaying, copying, downloading or distributing any information or third party content, including but not limited to user posts.
11.2 Consequential Damages.
In no event will SiteTrail, its officers, directors, employees, or agents be liable for consequential damages of any kind, including, without limitation, indirect, incidental, punitive, exemplary or special damages (including loss of data, business interruption or lost profits) arising out of or in connection with this agreement or your use of the site, whether such liability arises from a claim based upon contract, tort or otherwise, and whether or not either party has been advised of the possibility of such loss or damage.
11.3 Additional Rights.
The limitations in this section 11 will apply even if any limitation on liability provided under this agreement fails of its essential purpose. Certain jurisdictions do not allow the limitation of certain liabilities, so some of the exclusions set forth above may not apply to you. If SiteTrail cannot disclaim a liability, the duration and scope of such liability shall be the minimum permissible under applicable law.
You may not assign this Agreement, in whole or in part, or your rights or obligations under this Agreement, without SiteTrail’s prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. SiteTrail may assign its rights or obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
12.2 Governing Law.
Any action related to this Agreement will be governed by Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Boston, Massachusetts, for the resolution of all disputes arising from or related to this Agreement and/or your use of the SiteTrail Site.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
12.4 Email Notification.
You hereby consent to receive notification from SiteTrail of all notices to the email address that you provide to SiteTrail.
You acknowledge that SiteTrail will report to law enforcement authorities any actions that may be considered illegal. When requested, SiteTrail will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
If you have any questions concerning this Agreement, please contact us.