Reviews, Comments, and Use of Other Interactive Areas
We appreciate hearing from you. To that end, this Site contains various forums through which you and third parties may post reviews of experiences using technologies and services or post or link other content, messages, materials, videos, or other items to this Site (“Interactive Areas”). If TopRCM provides you access to such Interactive Areas (as a Registered User or otherwise), you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, link, upload to, transmit, distribute, store, create, or otherwise publish through this Site any of the following:
Any use of the Interactive Areas or other portions of this Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Site.
Without limiting the foregoing, TopRCM takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is TopRCM liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, TopRCM is not liable for any statements, representations, or content provided by its users in any public forum or other Interactive Area. Although TopRCM has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area, TopRCM reserves the right, and has absolute discretion, to remove, screen, or edit, without notice, any Content posted or stored on this Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Site at your sole cost and expense.
License and Consent to Use Submissions
With respect to reviews included in your Submissions (whether written or video), you will be asked at the time of your Submission whether you consent to the use of that review, and the name, likeness, and other personal characteristics and private information you include with your Submission, for advertising, promotion, and other commercial and business purposes. Your consent, if you indicate “yes”, means that:
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submissions or Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission or Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the Submission and/or Content by TopRCM or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions or Content; and (d) you forever release TopRCM, and its licensees, successors, and assigns, from any claims that you could otherwise assert against TopRCM by virtue of any such moral rights.
THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES PUBLISHED ON OR THROUGH THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. TOPRCM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS, ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE TECHNOLOGY PRODUCTS AND RELATED SERVICES DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCREENSHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.). TOPRCM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON OR THROUGH THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TOPRCM. ALL SUCH INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES ARE PROVIDED “AS IS'' WITHOUT WARRANTY OF ANY KIND BY TOPRCM. TOPRCM DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS, OR ANY EMAIL SENT FROM TOPRCM, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPRCM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
IN NO EVENT SHALL TOPRCM (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF TopRCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms insure to the benefit of TopRCM.
You agree to defend and indemnify TopRCM and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Links to Third-Party Sites
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Copyright and Trademark Notices
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