3. Intellectual Property The material provided on the Site is protected by law including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property in the content of the Site is owned by Ad Deum, and nothing herein or included in the Site’s material shall be construed as a grant from Ad Deum of a license to any copyrights, trademarks, patents or any other intellectual property rights.
4. Unauthorized Access or Activities To maintain the integrity and functionality of the Site and Services for users, access to the Site and Services or activities related to the Site and Services that are harmful to, inconsistent with or disruptive of the Site and Services or users’ beneficial use and enjoyment of the Site and Services are expressly unauthorized and prohibited. For example, without limitation:
a. The collection of the Site and Services users’ personal information (including but not limited to email addresses and IP addresses) is not allowed for any purpose.
b. Any copying, aggregation, display, distribution, performance or derivative use of the Site and Services or any content posted on the Site and Services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access the Site and Services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access the Site and Services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, Ad Deum may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access the Site and Services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
c. Any access to or use of the Site and Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Site and Services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent /or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer or any electronic, wireless or mobile device, technology or product that exists now or in the future.
d. Any effort to decompile, disassemble, or reverse engineer all or any part of the Site and Services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
7. Disclaimer THE USER RECOGNIZES THAT ALL INFORMATION CONVEYED VIA THE SITE OR SERVICES IS THE PRODUCT OF THE PERSONAL EXPERIENCES AND KNOWLEDGE OF LAYPEOPLE. THE USER FURTHER RECOGNIZES AND ACKNOWLEDGES THAT THE PRODUCERS, AGENTS, REPRESENTATIVES, AND OWNERS OF AD DEUM AND CREATORS OF THE SITE’S AND SERVICES’ CONTENTS DO NOT POSSESS ANY PROFESSIONAL CERTIFICATIONS OR TRAINING IN THE AREA OF PERSONAL FINANCE AND ARE NOT FINANCIAL PLANNERS, ANALYSTS, OR ACCOUNTANTS. AD DEUM DOES NOT GUARANTEE ANY FINANCIAL OUTCOMES FOR SITE USERS AND DISCLAIMS ANY AND ALL LIABILITY RELATING TO USER OUTCOMES AS A RESULT OF USERS’ ACCESS OR USE OF THE SITE AND SERVICES’ CONTENTS. USERS ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE SITE AND SERVICES AND HEREBY INDEMNIFY AD DEUM AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FINANCIAL LOSSES, INCREASES IN PERSONAL DEBT, OR UNSUCCESSFUL ACHIEVEMENT OF FINANCIAL GOALS.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. AD DEUM DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE.
AD DEUM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITE; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, TO ACHIEVE A PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, OBTAINING FINANCIAL GAIN.
AD DEUM IS NOT RESPONSIBLE FOR THE FUNCTIONALITY, AVAILABILITY, OR SECURITY OF THIRD PARTY HOSTING WEBSITE SERVICES. THE USER ACKNOWLEDGES THAT AD DEUM HAS NO CONTROL OVER SUCH SERVICES AND HOLDS AD DEUM BLAMELESS FOR ANY LAPSE IN FUNCTIONALITY, BREACH OF SECURITY, OR UNAVAILABILITY OF THE WEBSITE, CONTENTS, OR SERVICES, OR INTERRUPTION OF ACCESS TO AD DEUM SITE OR SERVICES AS A RESULT OF ANY SITE’S MALFUNCTION OR INOPERABILITY. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT AD DEUM 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 CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.
AD DEUM IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE SITE. BECAUSE AD DEUM HAS NO CONTROL OVER SUCH SERVICES, THE USER ACKNOWLEDGES AND AGREES THAT AD DEUM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT AD DEUM DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. THE USER’S USE OF THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT AD DEUM 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 CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.
8. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL AD DEUM BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, INCREASE IN DEBT, LOSS OF PROGRAMS, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE, EVEN IF AD DEUM OR ANY AD DEUM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF AD DEUM EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE, AND EVEN IF AD DEUM HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. User Comments and Feedback You agree that any material, user comments, feedback, and ideas that you transmit to the Site or otherwise provide (“Transmissions”) shall be and remain Ad Deum’s property. All Transmissions will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of the Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
11. Pricing In the event that a Service is listed at an incorrect price due to typographical error, or error in pricing information received from others, we retain the right to refuse or cancel any orders placed for Services listed at the incorrect prices. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
b. Age Restrictions. You must be at least eighteen (18) years old to use the Site. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Site. Ad Deum has no intention of collecting personal information from individuals under the age of eighteen (18).
c. Electronic Communications. When you use the Site and Services, or send e-mails to Ad Deum, you are communicating with Ad Deum electronically and you consent to receive communications from Ad Deum electronically. Ad Deum will communicate with you by e-mail or by posting notices on the Site and Services. You agree that all agreements, notices, disclosures and other communications that Ad Deum provides to you electronically satisfy any legal requirement that such communications be in writing.