Kortivity Terms of Use

Last modified: 6 February 2019

1. TERMS

These terms and conditions of use (“Terms of Use”) govern your use of the Stone Cliff Technology, LLC (“Stone Cliff Technology” or “Kortivity”) website (the “Site”). Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. Compliance with these Terms of Use is a condition to your use of the Site.

By accessing this web site, you are agreeing to be bound by these web site Terms of Use and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

The materials contained in this web site are protected by applicable copyright and trade mark law.

2. USE LICENSE

All pages within this Site and any material made available for download, unless otherwise noted, are the property of Stone Cliff Technology, LLC or its affiliates. The Site is protected by United States and international copyright and trademark laws. The Content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Stone Cliff Technology in writing, including for the provision of services or products to Stone Cliff Technology or any of its affiliates, or in connection with a business relationship with Stone Cliff Technology or any of its affiliates. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Stone CliffTechnology or one of its affiliates without our express written consent. You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Stone Cliff Technology or any of its affiliates or any third party, except as expressly provided herein.

Permission is granted to temporarily download one copy of the materials (information or software) on Stone Cliff Technology, LLC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

(a) modify or copy the materials;

(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(d) remove any copyright or other proprietary notations from the materials; or

(e) transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stone Cliff Technology, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Stone CliffTechnology will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Stone CliffTechnology on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Stone CliffTechnology cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

4. DISCLAIMER

The materials on Stone Cliff Technology, LLC’s web site are provided “as is”.

STONE CLIFF TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

STONE CLIFF TECHNOLOGY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. STONE CLIFF TECHNOLOGY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. STONE CLIFF TECHNOLOGY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. STONE CLIFF TECHNOLOGY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT STONE CLIFF TECHNOLOGY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

5. LIMITATIONS

In no event shall Stone Cliff Technology or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Stone Cliff Technology’s Internet site, even if Stone Cliff Technology or a Stone Cliff Technology authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. REVISIONS AND ERRATA

The materials appearing on Stone Cliff Technology’s web site could include technical, typographical, or photographic errors. Stone Cliff Technology does not warrant that any of the materials on its web site are accurate, complete, or current. Stone Cliff Technology may make changes to the materials contained on its web site at any time without notice. Stone Cliff Technology does not, however, make any commitment to update the materials.

7. LINKS

Stone Cliff Technology has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Stone Cliff Technology of the site. Use of any such linked web site is at the user’s own risk.

8. SITE TERMS OF USE MODIFICATIONS

Stone Cliff Technology may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. GOVERNING LAW

Any claim relating to Stone Cliff Technology, LLC’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.