IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR SERVICE.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit to Company is accurate and truthful. Company may, in its sole discretion, change its eligibility criteria at any time and lawfully refuse to offer the Service to any person or entity. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Due to the proprietary nature of the Service and the products (templates) contained therein, Company does not offer refunds.
Additionally, you shall not, directly or indirectly:
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Service password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
The Service may provide or permit you to link to other websites or resources on the Internet. Other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link or the content, goods or services available on or through any such linked website or resource.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal and organization information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. Therefore, you acknowledge providing your personal and organization information at your own risk.
The Service contains content specifically provided by Company or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the Service. Company grants each subscriber of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Service, solely for use by a single person or organization. Use, reproduction, modification, distribution or storage of any content for other than described above is expressly prohibited without prior written permission from Company or from the copyright holder identified in such content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
Company respects the intellectual property of others. Company will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Company with a written notification containing at least the following information:
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification may not be valid and that Company may ignore such incomplete or inaccurate notices without liability of any kind.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. You should consult an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Our designated copyright agent for notice of alleged copyright infringement is:
Complete EM®, LLC
7101 Winding Way
Fair Oaks, CA 95628
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post User Submissions including, but not limited to videos, audio files, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site. User submissions demonstrably intended for viewing by others, including, but not limited to forum posts are considered by the Company to be “Public User Submissions.” User Submissions demonstrably intended for view only by the submitting user or their sub-users are considered by Company to be “Private User Submissions.” By submitting all User Submissions on the Site or otherwise through the Service, you:
You also agree to represent, warrant and demonstrate upon request to the satisfaction of Company that you:
For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission, including the right to grant additional licenses to the material in your User Submission, unless otherwise agreed in writing.
Company represents and warrants to subscribers that Company will continue to provide the Service as advertised on the Site, using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with commercially-reasonable industry standards for similar services. Company maintains adequate resources and practices that provide over 99% server up-time per year and commercially-reasonable industry standards for data security. Company regularly backs-up Service and User Submissions, and operates servers in a least two separate geographic locations, each consisting of a carefully-selected data center with appropriate physical, environmental and operational controls.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY OR ANY HYPERLINKED WEBSITE OR SERVICE AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON, TO OR FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless COMPANY and its employees, contractors, officers, directors, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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:
If a subscriber is the U.S. Government, this indemnification clause shall not provide Company with indemnification beyond the amount of money that Congress has appropriated for such a contract.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF YOUR SUBSCRIPTION.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Accessing the Service is prohibited from territories where Service may be illegal.
By using Services, you consent to receive from Company all communications including notices, agreements, legally required disclosures or other information in connection with Services (collectively, "Contract Notices") electronically. Company may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of Services.
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Company and Service is deemed a passive website that does not give rise to personal jurisdiction over Company and its employees, officers, directors, contractors or its respective parents, subsidiaries, affiliates, successors, assigns, agents, or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Sacramento County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Last updated March 30, 2015