We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of our services indicates your acceptance of the amended Agreement.
Access to Service
Use of manual or automated software, devices, or other processes to "screen scrape," or any other act of creating a program to crawl through the website and extract its data is strictly prohibited unless authorization is expressly granted by SplashLink.
Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
You understand and agree not to use our services to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable to SplashLink.
Use the website for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) unless it is in the public domain.
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk," "duplicates," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Upload, post, email, transmit or otherwise make available any material using any name that SplashLink disapproves of or believes to be fraudulent.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Copy, reverse-engineer or otherwise infringe any of the intellectual property on the website, be it owned by SpashLink or any other party.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the website.
Post content in fields that are not intended for that content. For example, putting an address in a name or title field or putting a company name in the user name field.
Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website.
Use of Service
Your use of our services is governed by this Agreement. SplashLink may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. The sharing of login and password information is expressly prohibited. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. Further, SplashLink cannot and will not be liable for any loss or damage arising from your failure to comply with this section. The resale of SplashLink content is expressly prohibited, and by accepting this Agreement, you agree to indemnify SplashLink for any loss or damage to SplashLink arising from your failure to comply with this section.
If you purchase any of our services, all sales are final. If, however, you decide to upgrade before your year of purchased access expires, we will credit your account with the balance, no questions asked.
Shipping Policy/Delivery Policy
Your confirmed payment provides you with immediate access through the website to the services that you have chosen. SplashLink does not ship any products or services for delivery to you.
Violation of This Agreement
Without limiting any other section of this Agreement, we may penalize users for use or conduct in any way that SplashLink deems inappropriate including, but not limited to, blocking the user's account.
You agree that SplashLink may, with or without cause, immediately terminate your account and access to its website without prior notice. Without limiting the foregoing, the following may lead to a termination by SplashLink of a user's use of the website and service: breaches or violations of this Agreement or other incorporated agreements or guidelines; and requests by law enforcement or other government agencies.
Termination of your account includes removal of access to all offerings within the website and may also bar you from further use of the website. Furthermore, you agree that all terminations shall be made in the sole discretion of SplashLink and that SplashLink shall not be liable to you nor any third party for any termination of your account or access to the website.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
In the course of providing you services, we, or a party with which you have been in communication may need to communicate with you via email. You agree to receive emails which are specific to your account and enable us to provide you with the highest level of services. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through our services.
While we have the right to monitor activity and content associated with the website and services, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can e-mail us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
By accepting this Agreement, you agree to indemnify and otherwise hold harmless SplashLink, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
your use of the website and our services;
unauthorized access to or alteration of your communications with or through the website and our services;
or any other matter relating to the website and our services.
Any business transactions which may arise between users from their use of the website and service are the sole responsibility of the users involved.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SPLASHLINK DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SPLASHLINK ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. SPLASHLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPLASHLINK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLASHLINK OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Agreement constitutes the entire agreement between you and SplashLink pertaining to and governing your use of the website and our services, superseding any prior agreements between you and SplashLink.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPLASHLINK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPLASHLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SPLASHLINK'S TOTAL CUMULATIVE DAMAGES EXCEED US $100.
The Agreement between you and SplashLink will be governed by and construed in accordance with the laws of the State of Ohio without regard to conflict of laws principles.
Any controversy or claim arising out of or relating to this Agreement, your use of the site and any services offered or provided within this site shall be settled by arbitration administered by the American Arbitration Association in Cleveland, Ohio, and judgment on the award rendered may be entered in any court having jurisdiction thereof.
The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of this Agreement by contacting us.