Personal, Non-Commercial Use
The Site is made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product, or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content accessed through the Site or any event.
Any material, information, or other communication you transmit to the Site or 28 Carrots will be considered non-confidential and non-proprietary communications. 28 Carrots will have no obligations with respect to such communications. 28 Carrots and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, or pornographic materials, or any other material that would violate any law.
Intellectual Property Rights
28 CARROTS and related logos (the “Marks”) are the trademarks of 28 Carrots in the United States, other countries, or both. All materials on the Site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, and software (the “Content”) are the intellectual property of 28 Carrots, its licensors, affiliated companies, or other third parties. The Content is protected by United States and foreign intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of 28 Carrots.
Links to Other Websites
The Site may display content from or links to websites provided by third parties. These may include advertisements and solicitations to purchase products or services. As consideration for your convenience in making this third party content available or accessible to you, you acknowledge that: (1) 28 Carrots does not endorse the content or services described in any linked third party website, and (2) 28 Carrots does not control these third party websites and expressly disclaims any responsibility for the content, the accuracy of the information, and any products or services available on such websites. You also agree that 28 Carrots IS NOT responsible or liable for any losses or damages you experience with any third party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may
Charges, Billing, Payment
If there is a charge associated with any 28 Carrots product or service that you have requested, you agree to pay that charge. The price stated for the product or service excludes all applicable sales, use and other taxes, unless stated otherwise. You are solely responsible for paying such taxes or other charges and agree to indemnify, defend and hold harmless 28 Carrots from any failure to make such payments. To pay the charges for a product or service, you will be asked to provide a payment method at the time of purchase to either 28 Carrots or a third party working on behalf of 28 Carrots. By providing 28 Carrots or a third party with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize 28 Carrots or a third party to charge you for the products or services using your payment method.
All purchases of any products or services from 28 Carrots are final. No refunds will be issued.
Compliance with Laws
By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which governs or applies to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Site to countries or persons prohibited under the export control laws of the United States. 28 Carrots makes no representation that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Disclaimer of Warranties and Limitation of Liability
28 CARROTS DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE SITE OR ANY 28 CARROTS EVENT. THE SITE AND 28 CARROTS MATERIALS AND CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 28 CARROTS DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, OR ANY MATERIALS OR CONTENT RECEIVED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. 28 CARROTS DOES NOT WARRANT THAT THE SITE OR ANY MATERIALS OR CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS AND CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS OR CONTENT. IF YOUR USE OF THE SITE, MATERIALS, OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, 28 CARROTS, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Under no circumstances shall 28 Carrots, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within Essex County, Massachusetts or the U.S. District Court for the District of Massachusetts with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.