These are the terms and conditions (the “TOS”) that govern your access to and use of the Off The Ground website (“Site”). By accessing or using the Site, you are agreeing to these TOS and entering into a legally binding contract with Off The Ground (“Off The Ground”). It is important that you read carefully and understand the TOS.
1. CHANGES TO THE TOS AND CONDITIONS
We may modify the TOS from time to time. You understand and agree that your continued access to or use of the Site after any posted modification to the TOS indicates your acceptance of the modification.
2. USING THE SITE
A. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these TOS. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these TOS.
B. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to Off The Ground.
C. Third Party Sites
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, Off The Ground does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
3. OWNERSHIP OF CONTENT
All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Off The Ground and is protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Off The Ground in each instance. You may download material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site: You agree not to, and will not assist, encourage, or enable others to: (A) Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site; (B) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; (C) Reformat or frame any portion of the Site; (D) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Off The Ground’s technology infrastructure or otherwise make excessive traffic demands of the Site; (E) Attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site through hacking, password mining or any other means; (F) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; (G) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or (H) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
You agree to indemnify, defend and hold harmless Off The Ground and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (A) your access to or use of the Site, (B) your violation of the TOS, (C) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Off The Ground reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Off The Ground. Each of these subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
A. The site is made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the site is at your own discretion and risk. Off The Ground makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, Off The Ground is not liable to you for any loss or damage that might arise from your use of the site.
B. Off The Ground expressly disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the site.
C. Off The Ground is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site or any third party site. Your sole and exclusive right and remedy in case of dissatisfaction with the site, shall be your termination and discontinuation of access to, or use of the site.
8. CHOICE OF LAW AND VENUE
These TOS shall be governed by, and construed in accordance with, the internal laws of the State of New York without regard to the application of any conflict of laws principles. You and we agree to submit to the exclusive jurisdiction of the Federal Courts for the Southern District of New York and to the New York State courts for New York County. You and we hereby waive any claim of lack of personal jurisdiction, lack of subject matter jurisdiction or forum non conveniens in connection with any dispute hereunder. You and we agree that: (i) any claim brought to enforce these TOS must be commenced within two (2) years of the cause of action accruing; and (ii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
9. DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (“DMCA”) provides for notice to service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Off The Ground should be notified of a possible online copyright infringement involving any Off The Ground Site, please notify Off The Ground operations manager Jonathan Evans: firstname.lastname@example.org.