1. General Use and Restrictions.
1.2 Use of Content.
Other than permitted uses of Content as provided in Section 1.2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content without first receiving our express written permission. In particular, you may not copy the Site or portions thereof for reuse of the Content on a competitive website or for a competitive venture. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, (c) display any part of the Site in frames (or any Content via in-line links), and/or (d) use or access, or attempt to use or access, any portion of the Site for which you are not given access by us. You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.1 Registered Users. If we issue a username and/or password to you in connection with your use of the Site or any portion thereof, you will be considered a Registered User of and will have an “Account” for the Site. Certain portions of the Site may be accessible only to Registered Users. You agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password or Account. If you allow another party to use your Account, you will be responsible for all use by the party using your Account.2.2 Payment.
You agree to pay First Crack for any purchases on the Site in accordance with the pricing and payment terms that First Crack may issue from time-to-time. All fees are payable in U.S. dollars, and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
2.3 Termination/Suspension of the Site.
We may, in our sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
3. Linking and Third Party Dealings.
3.1 Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than First Crack. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators. You agree that First Crack is not responsible or liable for any content, advertising or other materials available through the third party web sites, and that First Crack is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods or services available through the third party web sites and Internet resources.
3.2 Linking to the Site. We generally welcome links to the Site from other web sites. However, if we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
4. Intellectual Property.
5. No Warranties.
The Site is provided on an “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” basis. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is accurate and up to date. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
7. Limitation of Liability.
In the event that you now or hereafter have a dispute with any person or entity arising from your use of the Site, you release First Crack (and its officers, directors, agents, affiliates, suppliers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. 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.” Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted above in this Section 10.
9. Modifications to the Site.
For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site (including without limitation any Content contained on the Site) at any time for any reason (or for no reason) and without notice or liability.
11. Governing Law and Jurisdiction.