By using or viewing any information, tools, features and functionalities located on the Site (the foregoing, collectively, the “Service”), you agree to be bound by this Agreement, without limitation or qualification, whether you are a “Human” (which means that you simply browse the Site) or you are a “Zombie” (which means that you have registered with the Site as a participant in any TWDE event, or an independent contractor of TWDE). The term “you” or “User” refers equally to a Human or a Zombie. The term “we” refers to TWDE. TWDE gives you the right to view and use its Service as provided on the Site subject to these terms. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login, allows you to access the Service.
TWDE is the sole owner and operator of the Site. This site contains proprietary information that includes copyrighted, trademarked, and other content which is protected by law. Unless otherwise noted, TWDE is also the sole owner of all of the information and material on the Site, and retains in its sole discretion the option to change, alter, add, or delete any content contained therein. All materials are copyrighted © by TWDE and ALL RIGHTS ARE RESERVED. Except as expressly provided herein, TWDE grants no express or implied license under any patent, copyright, trade mark, trade name, trade secret or any other proprietary right.
2. No Harmful Use.
In exchange for our permission to use the Site, you agree not to do anything to harm the functioning or content of the Site. You also agree that you will not use any false or misleading identity when interacting with this Site, or do anything that is fraudulent, obscene, libelous or legally prohibited.
3. Content and Reliance.
The information and content provided on this site, through the Service, are for informational purposes only. Your use of, or reliance on, or entry into any TWDE event using the Service shall in no way create a legal, business or other professional relationship between you and TWDE other than as expressly agreed in writing. The Service associated with the Site is provided to you on an “as-is,” “as available,” and “with all faults” basis. You expressly agree that your use of the Service, and reliance on any information therein provided to you is at your sole risk. TWDE shall not be responsible or liable for any errors, omissions or inaccuracies in any content on this website.
4. License and Limitations of Use.
TWDE hereby grants you a limited personal use license to access, display and view portions of the Site solely for your own personal and non-commercial use; provided that, in order for the preceding sentence to apply, and for such license to remain valid and not be automatically terminated without notice to you, any such content is not modified or pirated, all proprietary notices are kept intact, and all terms and conditions set forth herein are complied with. You may make printouts of the Site content for your individual, personal use, however, the Site content, including, but not limited to, text, images, logos, trademarks, brands, labels, images, graphics, designs, concepts, plans, specifications, algorithms, software code and all data and other information otherwise present on the Site, may not otherwise be copied, reproduced, republished, translated, sold, rented, uploaded, posted, transmitted, or distributed in any way. You are further prohibited from creating a derivative work of the content on any other web site, or through any other service or commercial endeavor, including by “scraping” or similar systematic retrieval action designed to derive lists of users, data or other information from the Site in any manner or in any quantities not authorized by TWDE. You are not authorized to access the Company’s computers other than as expressly permitted according to the license set forth herein and unauthorized attempts to upload information and/or change information on this Site is strictly prohibited. The Company expressly reserves all rights under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec. 1030 for any unauthorized access which exceeds the license granted hereunder. Any violation of this Agreement may be prosecuted to the fullest extent of the law.
6. Third Party Site Participants.
From time to time, TWDE, in its sole discretion, may permit third parties (“Third Party Site Participants”) to display advertisements, logos, links, or other content on the Site. TWDE assumes no responsibility for the business practices, operations, activities or web site content of any Third Party Site Participants whose name, logo, link, or other indicia appears on this Site or who is otherwise identified through the Service. Such Third Party Site Participants are independent entities, and are not under the control of TWDE.
7. Malfunctions, Service Interruptions or Viruses.
TWDE makes no representation, warranties or guarantee that its Site, the content contained therein and the Service are free of infection from any viruses (no pun intended), malicious code, computer programming routines or languages that contain contaminating or destructive properties, or that are intended to damage, surreptitiously intercept or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output. TWDE cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or other Service interruptions. Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, natural disasters, acts of God, periodic updating or other actions that TWDE, in its sole discretion, may elect to take.
TWDE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS 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 AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE CONTENT CONTAINED THEREIN, IN ANY WAY AND FOR ANY PURPOSE.
IN NO EVENT WILL TWDE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE OR RELATED CONTENT, OR LOSS OF DATA, EVEN IF TWDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS TWDE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless TWDE and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, the Service or any information you obtain from the Site or the Service. IF TWDE TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR, AND WILL PAY ALL OF, TWDE’S LEGAL FEES AND ASSOCIATED EXPENSES INCURRED IN CONNECTION WITH SUCH ACTION.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, and in no way shall such portion(s) impair the enforceability of any of the other portions herein. Moreover, if any portion(s) of this Agreement shall for any reason be held to be excessively broad as to scope, activity, or subject, such provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the applicable law.
You agree that if TWDE does not exercise or enforce any legal right or remedy which is contained in, or granted by, this Agreement, such action will not be deemed a formal waiver of TWDE’s rights or remedies, nor will such action constitute a relinquishment of any right or power hereunder at any one or more times.
You agree that any dispute arising hereunder shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws, and that no legal action of any kind shall be brought exclusively in the state or federal courts of the Commonwealth of Massachusetts. Any claim you bring under these Terms and Conditions, or regarding the use of the Site, must be filed and properly served on the Company within one year after the cause of action first arises, or the claim will be barred in its entirety.
13. Entire Agreement.
This Agreement constitutes the entire agreement between you and TWDE and supersedes any prior understandings, agreements, or representations made by or among you and TWDE, written or oral, to the extent they relate in any way to the subject matter hereof.