The File Academy hereby grants to Customer a limited license to use Services solely for Customer’s own internal personal purposes. Customer represents and warrants that all of Customer’s use of Services shall be for only legitimate purposes. Customer shall not use Services for commercial, collections, governmental, marketing, advertising or marketing purposes or resell or broker Services to any third-party and shall only use Services for personal (non-business) purposes. Customer shall not use Services to provide data processing services to third-parties or evaluate the data of or for third-parties. Customer agrees that if The File Academy determines or reasonably suspects that continued provision of Services to Customer entails a potential security risk, or that Customer is otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, The File Academy may take immediate action, including, without limitation, terminating the delivery of, and the license to use, Services. Customer shall not access Services from Internet Protocol addresses located outside of the United State.
Customer may not use Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of Services and information provided therein. The File Academy may at any time mask or cease to provide Customer access to any Services or portions thereof which The File Academy may deem, in The File Academy’s sole discretion, to be sensitive or restricted information.
The File Academy will use commercially reasonable efforts to deliver the Services requested by Customer; provided, however, that Customer accepts all information “AS IS.” Customer acknowledges and agrees that The File Academy obtains portions of its data from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on The File Academy for the accuracy or completeness of information supplied through the Services. The File Academy reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the Services. Customer acknowledges that the information available through Services may include personally identifiable information and it is Customer’s obligation to keep all such accessed information confidential and secure.
Use of the Site.
You may not use this Site for any purpose that is unlawful or prohibited by this ToA, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that The File Academy has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
Disclaimer of Warranties.
a) The File Academy DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b) The File Academy DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. The File Academy IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES.
c) The File Academy DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE ReBoot Yourself GP MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT The File Academy. The File Academy UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
d) The File Academy DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
e) The File Academy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
a) The File Academy IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED The File Academy IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, The File Academy IS FOUND LIABLE UNDER ANY THEORY, The File Academy LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 8 AND 9. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 8 AND 9 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 12(e) (SEVERABILITY) BELOW WILL APPLY.
You will defend, indemnify and hold The File Academy harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this ToA, your violation of applicable laws, or your violation of any rights of another person or entity.
If you have questions about this ToA or want to contact us, please send an email to firstname.lastname@example.org or write to us at:
The File Academy
1103 FM 517 East
Dickinson, TX 77539