Terms of Use
Project Frog Website Terms of Use
Welcome, and thank you for your interest in Project Frog, Inc. ("Project Frog"), and the Project Frog web site located at http://www.ProjectFrog.com (the “Project Frog Site”). We are pleased to offer you access to the Project Frog Site, pursuant to your acceptance without modification of the following Terms of Use (the “Terms”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND PROJECT FROG. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE PROJECT FROG SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE PROJECT FROG SITE.
1. Access to the Project Frog Site. Subject to your compliance with these Terms, Project Frog grants you permission to access and use the Project Frog Site. If you choose to purchase goods and/or services you will be subject to certain Terms and Conditions of Sale.
2. Privacy. Your privacy is important to us. The Project Frog Privacy Policy describes Project Frog’s collection, use, and disclosure of personally identifiable information. Please read this policy carefully.
3. Ownership; Proprietary Rights. The Project Frog Site is owned and operated by Project Frog. The visual interfaces, graphics, designs, product specifications, compilation, information, computer code, products, software, services, and all other elements of the Project Frog Site provided by Project Frog ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Project Frog Site are the copyrighted property of Project Frog or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks, and trade names are proprietary to Project Frog or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Project Frog or any third party.
4. Modification of the Terms. From time to time, Project Frog may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. Your use of the Project Frog Site will be subject to the version of the Terms in effect at the time of such use.
5. Prohibited Uses.
a) You may only use the Project Frog Service for your own internal, informational purposes. You may not use the Project Frog Site for any unlawful purpose. You may not use the Project Frog Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Project Frog Site. You may not attempt to gain unauthorized access to the Project Frog Site or the computer systems or networks connected to the Project Frog Site, or any part of them, through hacking, password mining or any other means. You may not obtain, attempt to obtain, or redistribute any Materials or information on the Project Frog Site through any means not intentionally made available by Project Frog, including by any form of automated access, scraping, or other similar process.
b) The Project Frog Site may contain robot exclusion files and other mechanisms designed to regulate access. You agree that you will not use any robot, spider, scraper, or other automated means to access the Project Frog Site for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Project Frog Site.
6. Third Party Sites, Products and Services; Links.
The Project Frog Site may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). Project Frog does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites, nor does Project Frog endorse any product or service advertised or referenced on the Project Frog Site. Furthermore, Project Frog makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Please also be aware that Linked Sites may have different policies on collection and use of personal information. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, participation in promotions of, or access, purchase, or utilization of products or services offered by third parties found on or through the Project Frog Site are solely between you and such third party. YOU AGREE THAT PROJECT FROG WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH LINKS ON THE PROJECT FROG SITE.
7. Copyright and Trademark Owners. If you are a copyright or trademark owner and you believe that material available through the Project Frog Site is being used without the proper permission, please contact us at .(JavaScript must be enabled to view this email address) and provide us with sufficient information to enable us to address the matter as expediently as possible.
8. Disclaimers; No Warranties. THE PROJECT FROG SITE AND ANY INFORMATION, FEATURES, OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PROJECT FROG SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ACCURACY OF INFORMATION, OR AVAILABILITY OF ANY PRODUCT OR SERVICE LISTED ON THE PROJECT FROG SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROJECT FROG, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. Limitation of Liability and Damages.
IN NO EVENT WILL PROJECT FROG, ITS SUPPLIERS, OR PARTNERS BE LIABLE TO YOU FOR ANY FORM OF INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES FROM ANY CAUSE OF ACTION OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT PROJECT FROG, ITS SUPPLIERS, OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN PROJECT FROG AND LISTED, REFERENCED, OR ADVERTISED ON THE PROJECT FROG SITE, OR ACCESSED OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE PROJECT FROG SITE. IN NO EVENT WILL PROJECT FROG’S, ITS SUPPLIERS’, OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROJECT FROG SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THE LIMITATIONS OF THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PROJECT FROG’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Miscellaneous. These Terms are governed by California law, without regard to conflict of law provisions, and any claim or dispute you may have against Project Frog must be resolved by a state or federal court located in California. These Terms shall be interpreted and the rights of the parties hereunder shall be determined by the English text only. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by Project Frog without restriction, including by operation of law, or in connection with a merger, acquisition, or sale of all or part of Project Frog’s assets. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Project Frog relating to the subject matter herein and will not be modified except by a change to these Terms made by Project Frog as set forth in Section 4 above. A provision of these Terms may be waived only by a written instrument executed by Project Frog. Failure by Project Frog at any time to require performance of any provision of these Terms will in no manner affect Project Frog's right at a later time to enforce the same. The Project Frog Site is provided by Project Frog, Inc., available by email at .(JavaScript must be enabled to view this email address). If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.