Last Updated: June 17, 2015
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting the revised Terms to the Site and updating the “Last Updated” date above and/or posting a notice on the homepage of the Site. Your continued use of the Site will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Site.
If you have any questions regarding these Terms or the Site, please contact us at email@example.com.
2. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Sourcepoint logo, and all designs, text, graphics, pictures, information, data, other files and the selection and arrangement thereof (collectively, “Site Materials“) are the proprietary property of Sourcepoint and are protected by U.S. and international copyright laws.Sourcepoint grants you a limited, nonexclusive, non-sublicensable, nontransferable license to access and use the Site Materials; provided, however, that such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site Materials, except as expressly permitted on the Site; or (f) any use of the Site Materials other than for their intended purposes. Any use of the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Sourcepoint may revoke this license at any time.
“Sourcepoint,” the Sourcepoint logo and any other product or service name or slogan contained on the Site are trademarks of Sourcepoint or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sourcepoint or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with guidelines that we may provide you from time to time.You may not use any metatags or any other “hidden text” utilizing “Sourcepoint” or any other name, trademark or product or service name of Sourcepoint without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Sourcepoint or our licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Sourcepoint or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Sourcepoint logo or other proprietary graphic of Sourcepoint to link to the Site without the express written permission of Sourcepoint. Further, you may not use, frame or utilize framing techniques to enclose any Sourcepoint trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Sourcepoint’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Sourcepoint or any third party.
5. Third Party Content
Sourcepoint may provide third party content on the Site and may provide links to web pages and content of third parties (collectively the “Third Party Content“) as a service to those interested in this information. Sourcepoint does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Sourcepoint is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site that you provide via email or other means (“Feedback“) are non-confidential and shall become the sole property of Sourcepoint. Sourcepoint shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Sourcepoint and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, the “Sourcepoint Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) any Feedback you provide; (c) your conduct or your violation of these Terms; or (d) your violation of the rights of any third party.
THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOURCEPOINT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. SOURCEPOINT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE MATERIALS THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SOURCEPOINT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SOURCEPOINT’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SOURCEPOINT PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE MATERIALS ;AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOURCEPOINT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SOURCEPOINT FOR ACCESS TO OR USE OF THE SITE.
10. Modifications to the Site
Sourcepoint reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York and applicable United States law, without giving effect to any conflict of laws principles. You agree that any action at law or in equity arising out of or relating to the Site or the Terms will be filed only in the state and federal courts located in the State of New York, County of New York, Borough of Manhattan.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Site Materials, and to block or prevent your future access to and use of the Site Materials.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.