Last Modified: October 5, 2016
Compassion reserves the right to refuse, restrict or terminate access to the Site or any portion thereof at any time for any reason.
2. USER REGISTRATION
4. INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality, (including but not limited to all information, software and code, text, images, logos, illustrations and graphics published on the Site ) (collectively, the “Content”), are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. All of the rights in the Site, including all of the rights in the Content, are owned by Compassion or its licensors, and other third parties. The Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Compassion or one of its subsidiaries owns the copyright in the selection, coordination, arrangement and enhancement of the Site.
You recognize that the Trademarks possess a unique character, which makes it difficult to assess the monetary damages Compassion would sustain in the event of unauthorized use. You acknowledge that such unauthorized use would cause Compassion irreparable injury. In the event of any actual or threatened unauthorized use or disclosure of the Trademarks, Compassion will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.
6. ACCESS AND USE OF SITE AND CONTENT
Your use of the Content may not violate any applicable federal, state, or local or international law or regulation, and when using the Site, you will comply with all applicable federal, state and local laws including, without limitation copyright law and you will abide by Compassion’s standards, policies, and guidelines. Further, you will not misrepresent Compassion in any way, including as part of any use of the Trademarks or the Content and you will not use any of the Trademarks or Content in a manner that is offensive or is unflattering or derogatory to Compassion.
7. RESERVED RIGHTS
For any of the Content or the Trademarks, Compassion will have the right to terminate your right to use the Content or the Trademarks and to withdraw authorization granted hereunder in the event Compassion no longer controls the rights necessary to grant the rights hereunder or in the event that in Compassion’s sole business judgment Compassion deems it appropriate to do so.
THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPASSION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPASSION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; OR (D) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
10. RELEASE AND WAIVER OF LIABILITY
UNDER NO CIRCUMSTANCES, WILL COMPASSION, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, ANY TRADEMARKS OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPASSION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IN CONSIDERATION OF PROVIDING SERVICES TO COMPASSION AND USE OF THE SITE, YOU ALSO AGREE TO RELEASE AND FOREVER HOLD HARMLESS COMPASSION, ITS BOARD MEMBERS, OFFICERS, TRUSTEES, MEMBERS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITY, CLAIMS AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE SERVICES YOU PROVIDE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES COMPASSION FROM ANY LIABILITY OR CLAIM THAT YOU HAVE AGAINST COMPASSION WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE THAT MAY RESULT FOR THE SERVICES YOU PROVIDE TO COMPASSION OR OCCURRING WHILE YOU PROVIDE SERVICES EVEN IF IT IS DUE TO THE NEGLIGENCE, OMISSION OR OTHER FAULT OF COMPASSION. YOU ALSO UNDERSTAND THAT COMPASSION DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH OR DISABILITY INSURANCE, IN THE EVENT OF INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE. YOU AGREE THAT YOU WILL NOT INITIATE ANY CLAIM, LAWSUIT, COURT ACTION OR OTHER LEGAL PROCEEDING OR DEMAND AGAINST COMPASSION, NOR JOIN OR ASSIST IN THE PROSECUTION OF ANY CLAIM FOR MONEY OR OTHER DAMAGES WHICH ANYONE MAY HAVE, ON ACCOUNT OF THE SERVICES I PROVIDE. YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPASSION AND ALL OTHER RELEASES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, OF WHATEVER KIND OR NATURE, INCLUDING REASONABLE ATTORNEY FEES UNDER THIS RELEASE.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPASSION (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
12. CHOICE OF LAW.