These terms of service (“Terms”) are a legal agreement between you (“You”) and Format LLC. (“Format” or “We”). Subject to these Terms of Service (“Terms”), Format may offer to provide You Services (“Services”). By accessing Format’s website or any website that is owned by Format including TrustMetrics.com (“Website”) or using any Services, You agree and acknowledge to be bound by these Terms. Please read the Terms carefully. If You do not agree to the Terms, then do not use the Website or the Services. The Website and Services are not intended for use by minors, and by using the Website and Services You represent and warrant that You are at least 18 years of age.
CHANGES TO THE SITE / UPDATES / TERMS
Format reserves the right, at its sole discretion, to make changes to its Websites, Services and these Terms at any time and will post notice of any material changes in these terms. Your access or use of the Websites or Services subsequent to such a change will signify your asset to be bound by such changes.
Privacy is a critical issue to every Internet user and Format is committed to assuring that the privacy and confidentiality of visitors to this site are respected and preserved. Unless you give us explicit permission, we will not share your personally identifiable information such as name, address or e-mail address with third parties for any purpose. Information gathered from your activity is used for compiling anonymous statistics only and is not identifiable back to any individual. Registration information is used for verification purposes, for sending administrative e-mails to clients regarding our service, and for sending informational e-mails to prospective clients, investors, and the general public, if requested.
RESTRICTIONS ON USE OF THE FORMAT WEBSITE AND SERVICES
You will not use the TrustMetrics Website or Services for any purpose that is unlawful or prohibited by the Terms. You are restricted from copying, sublicensing, reproducing, distributing, selling, trading, reselling, exploiting or disclosing the Website content or design or Services for Your benefit or for any commercial purpose or for that of any third party without the express written consent of Format. You are not allowed to use the Website content or design to build a derivative product and or work, and shall not use the content to reverse engineer any work or product. You will not use the Website or Services in any manner that could damage, overburden, or impair the Website or Services, any Format server, or networks connected to any Format server, or interfere with any other party’s use and enjoyment of the Website or any Service. You will not attempt to gain unauthorized access to the Website or any Service or services connected to the Website. Format and its affiliates reserve the right to refuse You service or terminate Your accounts in its discretion, including, without limitation, if Format believes that Your conduct violates applicable law or is harmful to the interests of Format and its affiliates.
The Website may contain links to third-party websites, products and resources. You acknowledge and agree that We are not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Format grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Format for use in accessing the Service.
THE TRUSTMETRICS WEBSITE IS PROVIDED BY FORMAT ON AN “AS IS” BASIS. FORMAT AND ITS LICENSORS, SUPPLIERS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FORMAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FORMAT FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE THE TRUSTMETRICS WEBSITE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL FORMAT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE WEBSITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT FORMAT HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS WEBSITE OR SERVICES OR WITH FORMAT SHALL BE TO TERMINATE USE OF THE WEBSITE AND SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Format and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify Format at:
Format LLC: 45 W. 21st St., Suite 4, New York, NY 10010.
Attn: Upon receipt of notice as described above, Format will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
Format™, Trust Metrics™, TrustMetrics.com™ and other company graphics, logos, and service names are trademarks of Format, LLC. Format’s trademarks may not be used in connection with any product or service that is not Format’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Format.
All content available on this Website, including all text, logos, and graphics is the property of Format and/or third parties and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Format, LLC and protected by U.S. and international copyright laws. Format reserves the right to remove all content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content), or for no reason at all.
These Terms are governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in New York County, New York, and the federal courts in the Southern District of New York, to resolve any disputes arising under the Terms. If You provide any feedback or suggestions to Format regarding the Service or other Format products, You hereby grant Format a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into Format’s services. These Terms contain the complete agreement between You and Format with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of Format to exercise any of its rights under the Terms or upon any breach of the Terms will not be deemed a waiver of those rights or of the breach. If any provision of the Terms are held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. Format may update the Terms by providing notice on the Website.