2. Your Use of the Site and the Services
2.3 You may not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to the Site). You specifically agree not to access (or attempt to access) the Site or the Services through any automated means. You may not attempt to access data not meant for you or attempt to bypass any security measures in connection with the Site or the Services or try to obtain access to aspects of the Site or Services to which you are not entitled or attempt to find vulnerabilities in any of the systems used for the Site or the Services.
2.4 You agree and acknowledge that your use of the Site and Services are subject to the following key undertakings on your part:
2.5 Your violation of any of the above undertakings will constitute a material breach of the terms of this agreement and constitute an unlawful use of the Site and Services hereby provided.
3. Proprietary Rights
3.1 You acknowledge and agree that Polysack (or Polysack’s licensors) owns all legal right, title and interest in and to the Site, the Content, and the Services, including any intellectual property rights which subsist in the Site, the Content, and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You acknowledge that the Site, the Content, and the Services, are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You agree that, other than the right to access the Site and view the Content under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site, the Consent, or the Services.
3.2 You agree that Polysack and/or its service providers own all rights to any trademarks, logos, graphics, service marks, button icons, images, audio clips, digital downloads, and data compilations contained in the Site or the Services, and you understand that all such rights are reserved, and that nothing herein grants you any rights of use to any of the above. These and other graphics, logos, service marks, trademarks and trade dress of Polysack and its licensors may not be used without prior written consent of Polysack and/or its licensors. Without limiting the foregoing, no Polysack trademark or trade dress may be used in connection with any product or service that is not Polysack’s, in a manner that may cause confusion among Users, or in any manner that disparages or discredits Polysack.
4.1 All Content is provided “as is” without any representations or warranties of any kind (whether express or implied). You assume total responsibility and risk for your use of, or reliance on, the Site, and any Content provided on the Site.
4.2 The fact that we have made the Content available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product or service described on the Site is suitable or appropriate for you. In particular, the technical data available on our Site are based on average results and values derived from practical experience and accumulated data. This data is intended only as a source of information and is provided without guarantee and does not constitute a warranty of performance. The products described on this Site are not appropriate for all uses. You are responsible for assessing the suitability of our products for your specific purposes, and you should not enter into any transaction until you have independently determined that such products are appropriate for your needs.
5. Third Party Sites and Resources
5.3 Furthermore, you acknowledge and agree that Polysack is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any content, services, software, or other materials on, or available from, such websites or resources.
6. User Accounts
6.1 Certain portions of our Site may be accessible only by Users who have first created a Polysack account.
6.2 User accounts are available only to individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Polysack may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time.
6.3 You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Polysack of any unauthorized use of your password or any breach of security. You also agree that Polysack cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information to any person without Polysack’s express prior written permission.
6.4 You must keep your account information up-to-date and accurate at all times, including a valid email address.
6.5 You may not transfer or sell your Polysack account and username to another party.
7. DISCLAIMER OF WARRANTIES
7.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICES ARE PROVIDED “AS IS.” POLYSACK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AND NON-INFRINGEMENT AS TO the site, the services, and any content appearing on or accessed through the Site or the services.
7.2 POLYSACK NEITHER WARRANTS NOR REPRESENTS TO YOU THAT: (A) YOUR USE OF THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE CORRECTED.
7.3 ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR MATERIAL. POLYSACK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE OR THE SERVICES. POLYSACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POLYSACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. DISCLAIMER OF LIABILITY
8.1 IN NO EVENT SHALL POLYSACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, LOSS OF DATA, AND COSTS OF RECOVERY), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY INCLUDES ANY LOSS OR DAMAGE RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICES, (III) ANY CHANGES WHICH POLYSACK MAY MAKE TO THE SITE OR THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR THE SERVICES (OR ANY FEATURES WITHIN THE SITE OR THE SERVICES), OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POLYSACK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.2 YOU SPECIFICALLY ACKNOWLEDGE THAT POLYSACK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ENGAGED IN BY YOU OR ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10.6 YOU AND POLYSACK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.