WEB SITE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of The Public Square, LLC ("Public Square"), located at http://www.truelobby.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement that you, or any party for which you are an agent, may have with Public Square, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Public Square for violations of these Terms.
Public Square reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
1. Scope of Access.
This Site contains information that is restricted by the access rights provided to you by Public Square and other users of the Site. You may access and use the Site solely to the extent authorized by Public Square and necessary for you to perform the activities for which you are granted access. You may not access or use the Site for any other purpose. Without limiting the generality of the foregoing, you may not, unless authorized in writing by Public Square: (a) make any derivative uses of Site Materials as defined herein, (b) use any data mining, robots, or similar data gathering and extraction methods, (c) distribute Site Materials to any party for any purpose other than the business activities for which you were granted access, or (d) use or access any Site Materials that are confidential and not intended for use or access by you (the "Unauthorized Materials"). If you inadvertently access any Unauthorized Materials, you must: (1) not read or copy such Unauthorized Materials, (2) notify Public Square of such inadvertent access to Unauthorized Materials, and (3) cooperate with Public Square to avoid future access to Unauthorized Materials. You acknowledge that any attempts by you to circumvent any security measures designed to prevent unauthorized access to the Site or Unauthorized Materials may be in violation of the U.S. federal Computer Fraud and Abuse Act and other Applicable Laws, may subject the violator to criminal and civil penalties, and will be grounds for immediate suspension of access to the Site.
2. Registration Data; Account Security.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Public Square, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Public Square.
3. Information and Materials Collected on the Site.
We may collect and store any information submitted by you on the Site, including (a) all forms of correspondence and communications, (b) any other information or materials submitted by you, (c) your name and other personally identifiable information, (d) for certain services requiring payment, credit card or other payment information, and (e) details regarding your use and access of the Site. In Submitting such information, you agree that Public Square may utilize such information for the purpose for which it was submitted, including disclosure to third parties as necessary and proper in Public Square's sole discretion. You represent and warrant that any information submitted or uploaded by you belongs to, or is licensed to you, and that such submission by you, or use by Public Square, will not violate any contractual obligation, intellectual property or other right of any third party, or any laws, rules, regulations, or statutes. If you do not agree that information submitted by you on the Site may be used by Public Square, you must not submit such information.
Public Square may utilize information you submit together with information from other Public Square users or third parties to provide customized content and advertising. Public Square may track and log information regarding your access and use of the Site, and utilize your information for internal purposes including auditing, analysis, site maintenance, and to improve upon or develop new services. Any information provided to advertisers will be limited to aggregated non-personal information such as the number of times an ad was displayed or clicked. We do not sell or otherwise share your personal information with any third parties except in the limited circumstances described above. Additional terms governing Public Square's services and use of information submitted by you may be provided in supplemental disclosures.
4. Rules for Content
You agree that you will not e-mail or post content on the Site that defames or threatens others, may be deemed hateful or racially offensive, discusses illegal activities with the intent to commit them, infringes another's intellectual property, including, but not limited to, copyrights, trademarks or trade secrets, contains vulgar or obscene language or images, or that is considered advertising or any form of commercial solicitation. Although Public Square does not routinely screen or monitor content posted by users to the site, Public Square reserves the right to remove content which violates these rules of which it becomes aware, but is under no obligation to do so.
5. Proprietary Site Materials.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the TrueLOBBY logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Public Square or its licensors or customers and are protected by U.S. and international trade secret and copyright laws.
You agree to defend, indemnify and hold harmless Public Square, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Public Square and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PUBLIC SQUARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. PUBLIC SQUARE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PUBLIC SQUARE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PUBLIC SQUARE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE PUBLIC SQUARE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, PUBLIC SQUARE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
THE PUBLIC SQUARE CONTAINS USER-GENERATED CONTENT THAT IS UNMODERATED, AND CONTAINS THE PERSONAL OPINIONS AND OTHER EXPRESSIONS OF THE PERSONS WHO SUBMIT INFORMATION ON A WIDE RANGE OF TOPICS. NEITHER THE CONTENT OF THESE FORUMS, NOR THE LINKS TO OTHER FORUMS, ARE SCREENED, APPROVED, REVIEWED OR ENDORSED BY PUBLIC SQUARE.
Public Square reserves the right to delete or modify any and all content contained in the Site and any Services offered through the Site at any time without notice.
8. Limitation of Liability.
IN NO EVENT SHALL PUBLIC SQUARE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PUBLIC SQUARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PUBLIC SQUARE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PUBLIC SQUARE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PUBLIC SQUARE FOR ACCESS TO OR USE OF THE SITE.
9. Applicable Law and Venue.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the state of Washington, applicable to agreements made and to be entirely performed within the state of Washington. without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Public Square reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.