(a) The Service is a collaborative task tracking system. Our mission is to provide valuable information to users; however, there may be content or information provided or generated by third parties that is intentionally or accidentally incorrect. The Service may contain inaccuracies or typographical errors. Content has been obtained from third party sources such as users of the Service, newspapers, magazines, and other publications and information sources. We do not have control over the sale, offer, advertisement, promotional or related information published on the Service. Best Practical shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary.
Any contacts you make with another person or entity, or decisions you make facilitated through the Service are strictly on your own. You must do your own due diligence and use your best judgment. The use, posting, distribution, or publication of any content OR INFORMATION does not constitute or imply an endorsement, recommendation, advice, opinion or comment by us nor an assurance of legality, quality or safety by us. We cannot guarantee, and assume no responsibility for verifying, the TRUTHFULNESS OR accuracy of the information provided by users of the Service.
(b) We are not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Service or its posted content. However, you acknowledge and agree that we have the right to monitor the Service electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect us or users of the Service.
(c) If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the content or terminate use of the Service. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may notify us by sending an email to email@example.com stating the observed behavior. Following receipt of such correspondence, we will make appropriate decisions regarding user terminations, removal of posted content, or other actions we deem appropriate in our sole discretion. All decisions made by us are final and do not imply or impose on us any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
(a) Authorization of Use and General Prohibited Uses. We authorize you to view and download content on the Service solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Service shall not be used by any person to post, transmit, display, publish, or distribute content that (i) is in violation of this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is false, fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters or pyramid schemes or (iv) violates applicable laws. Your right to use the Service will terminate immediately, without any further action by us, if you breach any of the terms of this Agreement.
(b) Spiders. Users may not use any robot, spider or other automatic device or process to monitor or copy any portion of the Service or the Material in any manner prohibited by us, or attempt to circumvent any "/robots.txt" file or other means of robot or spider exclusion used on the Service.
(c) Copyright; Prohibition Against Copying Best Practical Material. The contents of the Service developed or contributed by Best Practical, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts or certain other content or software used in the Service (the "Best Practical Material"), are protected by copyright under both United States and foreign laws. All rights in the Best Practical Material are reserved to Best Practical. Unauthorized use of the Best Practical Material may violate copyright, trademark, and other laws. Regardless of the extent to which the Best Practical Material is protected by copyright, you agree that you may not sell or modify the Best Practical Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Best Practical Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by Best Practical. You must retain all copyright and other proprietary notices contained in the original Best Practical Material on any copy you make of the Best Practical Material. The use of the Best Practical Material on any other website or other telecommunication media or in a networked computer environment for any purpose, without our express prior written permission, is prohibited.
(d) User Material. Best Practical will not acquire any copyright or other intellectual property right in any material or information (including, without limitation, any names or logos) that is provided or used by any User in connection with use of the Service (the "User Material"). Best Practical will have no responsibility for the protection of any copyright or other intellectual property right in any User Material.
(e) Trademark. Checkmarkable™, the Checkmarkable™ logo and other marks are tradenames and trademarks of Best Practical. Our trademarks may not be used by any person in connection with any product or service that is not offered by Best Practical, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits Best Practical.
Best Practical does not warrant that the Service will operate error-free or that the Service and its server are free of computer viruses or other harmful mechanisms. If your use of the Service results in the need for servicing or replacing equipment or data, we are not responsible or liable for those costs. Best Practical does not guarantee continuous, uninterrupted or secure access to the Service, and numerous factors outside of our reasonable control may interfere with operation of the Service. The Service contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Best Practical of the content on such third party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
The Service and the Best Practical Material are provided on an 'as is' basis without any warranties of any kind. To the fullest extent permitted by law, Best Practical disclaims all warranties, including without limitation the warranties of merchantability, non- infringement of third party rights and fitness for a particular purpose. Best Practical makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Best Practical Material, content, services and links. Use of the Service is at your own risk.
In no event shall Best Practical, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the Service be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Service, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Best Practical or such other parties are advised of the possibility of such damages. In no event shall Best Practical or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Service or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Service exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
(a) As a material inducement to provide you with use of the Service, you hereby indemnify, defend and hold Best Practical, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.
(b) If you have a dispute involving the Service with a third party, you release each of the Indemnified Parties from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Nothing herein shall be construed to limit our right to warn, suspend or terminate access to the Service by any user who breaches this Agreement, provides inadequate authentication of identity, or whose activities, as determined by Best Practical in its sole discretion. pose a possible legal or business risk to anyone, including Best Practical. We may discontinue or change the Service at any time.
This Agreement is personal to you and may not be assigned without our prior written consent. Best Practical makes no claims any Best Practical Material is appropriate or may be downloaded outside of the United States. Access to the Best Practical Material may not be legal by certain persons, or in certain countries.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Each party shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information it obtains or acquires in connection with the Service (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston, Massachusetts where Best Practical has its principal place of business. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular "Legal Notice," written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Best Practical with respect to the use of the Service.